Subsistence Management Regulations for Public Lands in Alaska; 2006-2007 Subsistence Taking of Fish and Wildlife Regulations

Federal RegisterJun 30, 2006

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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

RIN 1018-AT98

Subsistence Management Regulations for Public Lands in Alaska; 2006-2007 Subsistence Taking of Fish and Wildlife Regulations

AGENCIES:

Forest Service, Agriculture; Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2006-2007 regulatory year. The rulemaking is necessary because the regulations governing the subsistence harvest of wildlife in Alaska are subject to an annual public review cycle. This rulemaking replaces the wildlife regulations that expire on June 30, 2006. This rule also amends the regulations that establish which Alaska residents are eligible to take specific species for subsistence uses.

DATES:

Sections __.24(a)(1) and __.25 are effective July 1, 2006. Section __.26 is effective July 1, 2006, through June 30, 2007.

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. For questions specific to National Forest System lands, contact Steve Kessler, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 786-3888.

SUPPLEMENTARY INFORMATION:

Background

In Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that “the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses * * *” and that “continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened * * *” As a result, Title VIII requires, among other things, 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 in Alaska, 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 its 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).

As a result of this joint process between Interior and Agriculture, these regulations can be found in both 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 Subparts A, B, and C of these regulations, as revised December 27, 2005 (70 FR 76400), the Departments established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board's composition includes 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 participated in the development of regulations for Subparts A, B, and C, and the annual Subpart D regulations.

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 (2002) and 50 CFR 100.11 (2002), and for the purposes identified therein, we divide Alaska into 10 subsistence resource regions, each of which is represented by a Federal Subsistence Regional Advisory Council (Regional Council). The Regional Councils provide a forum for rural residents, who have 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.

Current Rule

Because the Subpart D regulations, which establish seasons and harvest limits and methods and means, are subject to an annual cycle, they require development of an entire new rule each year. Customary and traditional use determinations (Subpart C) are also subject to an annual review process providing for modification each year. Section__.24 (Customary and traditional use determinations) was originally published in the

Federal Register

(57 FR 22940) on May 29, 1992. The regulations at 36 CFR 242.4 and 50 CFR 100.4 define “customary and traditional use” as “a long-established, consistent pattern of use, incorporating beliefs and customs which have been transmitted from generation to generation'.” Since that time, the Board has made a number of Customary and Traditional Use Determinations at the request of impacted subsistence users. Those modifications, along with some administrative corrections, were published in the

Federal Register

as follows:

Modifications to § __.24

Federal Registration

citation

Date of publication

Rule made changes to the following provisions of __.24

59 FR 27462

May 27, 1994

Wildlife and Fish/Shellfish.

59 FR 51855

October 13, 1994

Wildlife and Fish/Shellfish.

60 FR 10317

February 24, 1995

Wildlife and Fish/Shellfish.

61 FR 39698

July 30, 1996

Wildlife and Fish/Shellfish.

62 FR 29016

May 29, 1997

Wildlife and Fish/Shellfish.

63 FR 35332

June 29, 1998

Wildlife and Fish/Shellfish.

63 FR 46148

August 28, 1998

Wildlife and Fish/Shellfish.

64 FR 1276

January 8, 1999

Fish/Shellfish.

64 FR 35776

July 1, 1999

Wildlife.

65 FR 40730

June 30, 2000

Wildlife.

66 FR 10142

February 13, 2001

Fish/Shellfish.

66 FR 33744

June 25, 2001

Wildlife.

67 FR 5890

February 7, 2002

Fish/Shellfish.

67 FR 43710

June 28, 2002

Wildlife.

68 FR 7276

February 12, 2003

Fish/Shellfish.

During its May 20-22, 2003, meeting, the Board did not make any additional customary and traditional use determinations.

69 FR 5018

February 3, 2004

Fish/Shellfish.

69 FR 40174

July 1, 2004

Wildlife.

70 FR 13377

March 21, 2005

Fish/Shellfish.

70 FR 36268

June 22, 2005

Wildlife.

71 FR 15569

March 29, 2006

Fish/Shellfish.

The Departments of the Interior and Agriculture published a proposed rule on August 11, 2005 (70 FR 46795), to amend Subparts C and D of 36 CFR 242 and 50 CFR 100. The proposed rule opened a comment period, which closed on October 21, 2005. The Departments advertised the proposed rule by mail, radio, and newspaper. During that period, the Regional Councils met and, in addition to other Regional Council business, received suggestions for proposals from the public. The Board received a total of 69 proposals for changes to Subparts C and D. After the proposal period closed, the Board prepared a booklet describing the proposals and distributed it to the public. The booklet was also made available online. The public then had an additional 30 days in which to comment on the proposals for changes to the regulations. The 10 Regional Councils met again, received public comments, and formulated their recommendations to the Board on proposals for their respective regions. The Regional Councils had a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, a Council Chair, or a designated representatives, presented each Council's recommendations at the Board meeting of May 16-18, 2006. These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. The public has had extensive opportunity to review and comment on all changes. Of the 69 proposals, the Board adopted 29 plus part of 1 other and rejected 24 plus part of 1 other. The Board took no action on another six proposals due to action that they had taken on other similar proposals. Thirteen proposals were deferred or tabled to allow collection of additional information. Two proposals had been withdrawn by the proponent prior to the meeting. Additional details on the recent Board modifications are contained below in Analysis of Proposals Adopted by the Board.

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 apply to regulations found in this subpart.

Analysis of Proposals Rejected by the Board

The Board rejected or took no action on 25 proposals and part of 1 other.

One proposal requested restriction on the sale and purchase of handicrafts made from the claws of bears. The Board rejected this proposal because there are no conservation concerns that warrant the action, no demonstrated abuses on the sale of claws by Federally qualified users, and the restriction would be an unnecessary restriction on subsistence users.

The Board rejected, as contrary to the principles of wildlife conservation, two proposals that would have revised the use of harvest tickets for deer in southeastern Alaska.

The Board took no action on one proposal that requested changes in the area closed for the harvest of deer by non-Federally qualified users in part of Unit 2 because of Board action taken on another similar proposal for the Southeastern Alaska Region.

Based on the recommendation of the Southeast Alaska Regional Council, the Board took no action on one proposal that requested establishment of a subsistence hunting season for elk in Unit 3.

The Board took no action on a proposal requesting the use of a Federal registration permit for moose in part of Unit 1C because revisions in State permit requirements rendered the issue of concern moot.

The Board took no action on one proposal that requested eliminating the closure of goat harvest by non-Federally qualified users in part of Unit 6D because of Board action taken on another similar proposal for the Southcentral Alaska Region.

The Board rejected a proposal that would have expanded the moose season and allowed harvest of cows in a portion of Unit 7 because there are significant conservation concerns.

Based on the recommendation of the Southcentral Alaska Regional Council, the Board rejected a proposal that would have allowed moose hunting in a portion of Unit 6D the same day after being airborne.

The Board rejected a proposal that would have allowed the ceremonial

harvest of a moose in a portion of Unit 6 because the proposed harvest area was outside the normal hunting area of the requesting village and would have been detrimental to satisfaction of the subsistence priority of the local users.

The Board took no action on one proposal that requested eliminating the closure for moose hunting by non-Federally qualified users in part of Unit 7 because of Board action taken on another similar proposal for the Southcentral Alaska Region.

The Board rejected one proposal that requested a closure for moose hunting by non-Federally qualified users in parts of Unit 9 because there are no conservation concerns that warrant the action.

The Board rejected one proposal that requested revising the harvest limit for caribou in Unit 9D and for the closure to non-Federally qualified users because of Board action taken on another similar proposal for the Southcentral Alaska Region.

One proposal for Unit 9E requested the cutting of antlers from moose or separation from the skull plate. The Board rejected this proposal as an unnecessary restriction on subsistence users.

The Board rejected three proposals relating to forfeiture of moose and caribou antlers, revised antler restrictions for moose, and in-person reporting of moose harvest in southcentral Alaska because no conservation concerns warrant the actions, no demonstrated abuses by Federally qualified users exist, and the restrictions would be an unnecessary restriction on subsistence users.

The Board rejected one proposal that would extend the wolf hunting season for Units 12, 20, and 25, because it is contrary to sound principles of wildlife management and will not contribute to the satisfaction of subsistence needs.

The Board rejected a proposal that would have established a controlled use area limiting the use of aircraft during moose season in a portion of Unit 18 because there are no conservation concerns that warrant the action, no demonstrated abuses by Federally qualified users, and the restriction would be an unnecessary restriction on subsistence users.

The Board deferred one proposal that requested removal of a closure for moose hunting by non-Federally qualified users in part of Unit 18 in order to provide an opportunity for extensive local education and dialog to promote the continued success of moose management in the lower Yukon River area.

The Board rejected one proposal requesting the establishment of a Federal registration permit requirement for caribou for Units 20E, 20F, and 25C as being unnecessarily duplicative of the State permit system and an unnecessary restriction on subsistence users.

The Board rejected one proposal requesting the closure of the moose season for moose for a portion of Unit 20C because there are no conservation concerns that warrant the action and it would constitute an unnecessary restriction on subsistence users.

The Board took no action on one proposal that requested changes in the moose season in Unit 21B because of Board action taken on another similar proposal for the Western Interior Region.

At the request of the Seward Peninsula Regional Council Chair, the Board deferred action on 11 proposals requesting establishment of seasons and harvest limits for various furbearers and small game in Unit 22.

At the request of the Seward Peninsula Regional Council Chair, the Board tabled action on a proposal related to the use of a snowmachine to take wolves in Unit 22.

The Board rejected one proposal that would have removed the closure for moose hunting by non-Federally qualified users in part of Unit 25 because of lack of substantial information supporting the proposal.

The Board rejected one proposal that would have revised the customary and traditional use determination for moose for Unit 26C because of lack of substantial information supporting the proposal.

Summary of Proposals Adopted by the Board

The Board adopted 29 proposals and part of 1 other. Some of these proposals were adopted as submitted. Others were adopted with modifications suggested by the respective Regional Council, modifications developed during the analysis process, or modifications developed during the Board's public deliberations.

All of the adopted proposals were recommended for adoption by at least one of the Regional Councils, although further modifications may have been made during Board discussions, and were based on meeting customary and traditional uses or harvest practices, or on protecting wildlife populations. Detailed information relating to justification for the action on each proposal may be found in the Board meeting transcripts, available for review at the Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, Alaska, or on the Office of Subsistence Management Web site (

http://alaska.fws.gov/asm/home.html

). Additional minor modifications have been made by changing titles of officials delegated to close seasons or set harvest restrictions. This was necessary because of office reorganizations and internal agency changes in official geographic responsibilities.

Multiple Regions

The Board adopted one proposal affecting residents of multiple Regions, resulting in the following change in the regulations found in § __.25.

• Provided for the sale of handicrafts made from the nonedible byproducts of most subsistence harvested wildlife and created definitions for “big game” and “trophy.”

Southeast Region

The Board adopted one proposal and part of another affecting residents of the Southeast Region, resulting in the following changes to the regulations found in § __.26.

• Eliminated the closure to non-Federally qualified users on Federal lands in a portion of Unit 2 for hunting deer.

• Increased the harvest limit for deer in Unit 2 and authorized the Forest Supervisor to reduce the harvest limit based on conservation concerns.

Southcentral Region

The Board adopted two proposals and took an additional action affecting residents in the Southcentral Region, resulting in the following changes to the regulations found in § __.26.

• Eliminated the closure to non-Federally qualified users on Federal lands in a portion of Unit 6D for hunting mountain goats.

• Closed Federal lands in a portion of Unit 7 to moose hunting by all users.

• Added an additional moose harvest season in Units 15B and 15C.

Kodiak/Aleutians Region

The Board adopted two proposals affecting residents in the Kodiak/Aleutians Region, resulting in the following changes to the regulations found in § __.26.

• Extended the antlerless deer season in Unit 8.

• Restricted the harvest of caribou in Unit 9D to bulls only.

Bristol Bay Region

The Board adopted three proposals affecting residents in the Bristol Bay Region, resulting in the following changes to the regulations found in § __.26.

• Closed the caribou season in Unit 9E and a portion of 9C.

• Expanded the sheep season and reduced the horn size restriction in a portion of Unit 9B.

• Eliminated the cow moose harvest in a portion of Unit 9C.

Yukon-Kuskokwim Delta Region

The Board adopted two proposals affecting residents in the Yukon-Kuskokwim Delta Region, resulting in the following changes to the regulations found in §§ __.25 and __.26.

• Replaced the winter “to be announced” moose hunt with a set season for a portion of Unit 18.

• Allowed the harvest of a calf during the winter hunt in a portion of Unit 18, created a definition for “calf,” and provided for closure authority by the refuge manager.

Western Interior Region

The Board adopted four proposals affecting residents of the Western Interior Region, resulting in the following change to the regulations found in § __.26.

• Revised the boundaries of a controlled use area in Unit 19D.

• Revised the hunt areas and seasons for moose in portion of Unit 21 and the hunt areas for caribou in a portion of Unit 21.

• Revised the hunt areas and seasons for sheep in Unit 24.

• Revised the hunt areas and seasons for moose in portions of Unit 24.

Additionally, the Board by special action in June 2006 revised the moose seasons and harvest limits in Units 19A and 19B.

Seward Peninsula Region

The Board adopted five proposals affecting residents of the Seward Peninsula Region, resulting in the following changes to the regulations found in § __.26.

• Closed the summer season for both caribou in portions of Unit 22.

• Shifted the winter season for moose in a portion of Unit 22A.

• Closed the Federal moose season in a portion of Unit 22A.

• Shortened the moose season in portions of Units 22B and 22D.

• Provided for a designated hunter system for muskox in portions of Unit 22.

Northwest Arctic Region

The Board adopted two proposals affecting residents in the Northwest Arctic Region, resulting in the following changes to the regulations found in § __.26.

• Prohibit harvest of moose calves in Unit 23.

• Provided for a designated hunter system for muskox in a portion of Unit 23.

Eastern Interior Region

The Board adopted five proposals affecting residents of the Eastern Interior Region, resulting in the following change to the regulations found in §§ __.24 and __.26.

• Revised the customary and traditional use determination for moose in portions of Unit 12.

• Revised the hunt areas for moose in portions of Unit 12.

• Revised the seasons and antler restrictions for moose for a portion of Unit 12.

• Established a hunting season for muskrat in portions of Units 20E, 25B, and 25C.

• Allowed the use of bait to hunt wolves on FWS and BLM lands in Units 12, 20, and 25.

North Slope Region

The Board adopted two proposals affecting residents of the North Slope Region, resulting in the following change to the regulations found in § __.26.

• Eliminated the closure to non-Federally qualified users on Federal lands in a portion of Unit 26A for hunting caribou.

• Eliminated the closure to non-Federally qualified users on Federal lands in a portion of Unit 26A for hunting moose.

Additionally, the U.S. Fish and Wildlife Service's Office of Subsistence Management used its delegated authority to adjust lynx seasons and harvest limits consistent with the ADF&G Lynx Harvest Management Strategy. The Office of Subsistence Management, in June 2006, exercised this authority and added or adjusted lynx hunting seasons in Units 6, 11, 13, 14C, and 16 and trapping seasons in Units 11, 13, 14C, and 16.

These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. All Board members have reviewed this rule and agree with its substance. Because this rule concerns public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

The Board finds that additional public notice under the Administrative Procedure Act (APA) for this final rule is unnecessary, and contrary to the public interest. The Board has provided extensive opportunity for public input and involvement in excess of standard APA requirements, including participation in multiple Regional Council meetings, additional public review and comment on all proposals for regulatory change, and opportunity for additional public comment during the Board meeting prior to deliberation. Additionally, an administrative mechanism exists (and has been used by the public) to request reconsideration of the Board's decision on any particular proposal for regulatory change. Over the 15 years the Program has been operating, no benefit to the public has been demonstrated by delaying the effective date of the regulations. A lapse in regulatory control could seriously affect the continued viability of wildlife populations and adversely impact future subsistence opportunities for rural Alaskans, and would generally fail to serve the overall public interest. Therefore, the Board finds good cause pursuant to 5 U.S.C. 553(d) to make this rule effective less than 30 days after publication.

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 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 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 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, implemented the Federal Subsistence Management Program and included a framework for an annual cycle for subsistence hunting and fishing regulations. 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

Federal Register

citation

Date of publication

Category

Details

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 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 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.

67 FR 30559

May 7, 2002

Final Rule

In response to comments to the June 12, 2001, interim rule, amended the operating regulations. Also corrected some inadvertent errors and oversights of previous rules.

68 FR 7703

February 18, 2003

Direct Final Rule

This 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 Final Rule

Received no adverse comments on the direct final rule (67 FR 30559). Adopted direct final rule.

69 FR 60957

October 14, 2004

Final Rule

This 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.

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 has, therefore, signed a Finding of No Significant Impact.

Compliance With Section 810 of ANILCA

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. A Section 810 analysis was completed as part of the FEIS process. The final Section 810 analysis determination appeared in the April 6, 1992, ROD, which concluded that the Federal Subsistence Management Program may have some local impacts on subsistence uses, but the program is not likely to significantly restrict subsistence uses.

Paperwork Reduction Act

This rule does not contain any new information collection requirements that need Office of Management and Budget (OMB) approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.

). This rule applies to the use of public lands in Alaska. The information collection requirements described in this rule are already approved by OMB and have been assigned control number 1018-0075, which expires August 31, 2006. On March 2, 2006, we published in the

Federal Register

(71 FR 10698) a notice of our intent to request OMB approval of a 3-year renewal of this information collection. We will not conduct or sponsor, and you are not required to respond to, a collection of information request unless it displays a currently valid OMB control number.

Other Requirements

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 number of businesses and the amount of trade that will result from this Federal land-related activity is unknown but expected to be insignificant.

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601

et seq.

) requires preparation of regulatory flexibility analyses for rules that will have a significant economic effect on a substantial number of small entities, which include small businesses,

organizations, or governmental jurisdictions. The Departments have determined 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.

This rulemaking will impose no significant costs on small entities; the exact number of businesses and the amount of trade that will result from this Federal land-related activity is unknown. The aggregate effect is an insignificant positive economic effect on a number of small entities, such as sporting goods, ammunition, 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 the effects will not be significant.

This rule benefits those participants who engage in the subsistence harvest of wildlife in Alaska in two identifiable ways: first, participants get the consumptive value of the food harvested, and second, participants get the cultural benefit associated with the maintenance of a subsistence lifestyle. We can estimate the consumptive value for wildlife harvested under this rule but can place no dollar value on the maintenance of a subsistence lifestyle. However, we estimate that 8.7 million pounds of wildlife are harvested by the local subsistence users annually and, if based on a replacement value of $5.00 per pound, would equate to $43.5 million in food value Statewide. The cultural benefits of maintaining a subsistence lifestyle can also be of considerable value to the participants.

Title VIII of ANILCA requires the Secretaries to administer a subsistence preference on public lands. The scope of this program is limited by definition to certain public lands. Likewise, these regulations have no potential implications for takings of private property as defined by Executive Order 12630.

The Service has determined and certifies 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 no cost is involved to any State or local entities or Tribal governments.

The Service has determined that these regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988 on Civil Justice Reform.

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 the State's program is compliant with the requirements of that Title.

In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), 512 DM 2, and E.O. 13175, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects. The Bureau of Indian Affairs is a participating agency in this rulemaking.

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—William Knauer drafted these regulations under the guidance of Pete Probasco of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Dennis Tol, 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.

Regulation Promulgation

For the reasons set out in the preamble, the Federal Subsistence Board amends title 36, part 242, and title 50, part 100, of the Code of Federal Regulations, as set forth below.

PART __—SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA

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.

Subpart C—Board Determinations

2. In subpart C of 36 CFR part 242 and 50 CFR part 100, § _.24(a)(1) is revised to read as follows:

§ __.24

Customary and traditional use determinations.

(a) * * *

(1)

Wildlife determinations.

The rural Alaska residents of the listed communities and areas have a customary and traditional use of the specified species on Federal public lands within the listed areas:

Area

Species

Determination

Unit 1C

Black Bear

Residents of Units 1C, 1D, 3, Hoonah, Pelican, Point Baker, Sitka, and Tenakee Springs.

1A

Brown Bear

Residents of Unit 1A, except no subsistence for residents of Hyder.

1B

Brown Bear

Residents of Unit 1A, Petersburg, and Wrangell, except no subsistence for residents of Hyder.

1C

Brown Bear

Residents of Unit 1C, Haines, Hoonah, Kake, Klukwan, Skagway, and Wrangell, except no subsistence for residents of Gustavus.

1D

Brown Bear

Residents of 1D.

1A

Deer

Residents of Units 1A and 2.

1B

Deer

Residents of Units 1A, 1B, 2, and 3.

1C

Deer

Residents of 1C, 1D, Hoonah, Kake, and Petersburg.

1D

Deer

No Federal subsistence priority.

1B

Goat

Residents of Units 1B and 3.

1C

Goat

Residents of Haines, Kake, Klukwan, Petersburg, and Hoonah.

1B

Moose

Residents of Units 1, 2, 3, and 4.

1C Berner's Bay

Moose

No Federal subsistence priority.

1D

Moose

Residents of Unit 1D.

Unit 2

Deer

Residents of Units 1A, 2, and 3.

Unit 3

Deer

Residents of Units 1B, 3, Port Alexander, Port Protection, Pt. Baker, and Meyer's Chuck.

3, Wrangell and Mitkof Islands

Moose

Residents of Units 1B, 2, and 3.

Unit 4

Brown Bear

Residents of Unit 4 and Kake.

4

Deer

Residents of Unit 4, Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan, Port Protection, Wrangell, and Yakutat.

4

Goat

Residents of Sitka, Hoonah, Tenakee, Pelican, Funter Bay, Angoon, Port Alexander, and Elfin Cove.

Unit 5

Black Bear

Residents of Unit 5A.

5

Brown Bear

Residents of Yakutat.

5

Deer

Residents of Yakutat.

5

Goat

Residents of Unit 5A.

5

Moose

Residents of Unit 5A.

5

Wolf

Residents of Unit 5A.

Unit 6A

Black Bear

Residents of Yakutat and Units 6C and 6D, except no subsistence for Whittier.

6, remainder

Black Bear

Residents of Units 6C and 6D, except no subsistence for Whittier.

6

Brown Bear

No Federal subsistence priority.

6A

Goat

Residents of Units 5A, and 6C, Chenega Bay, and Tatitlek.

6C and D

Goat

Residents of Units 6C and D.

6A

Moose

Residents of Units 5A, 6A, 6B and 6C.

6B and C

Moose

Residents of Units 6A, 6B and 6C.

6D

Moose

No Federal subsistence priority.

6A

Wolf

Residents of Units 5A, 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

6, remainder

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

Unit 7

Brown Bear

No Federal subsistence priority.

7

Caribou

No Federal subsistence priority.

7, Brown Mountain hunt area

Goat

Residents of Port Graham and Nanwalek.

7, that portion draining into Kings Bay

Moose

Residents of Chenega Bay and Tatitlek.

7, remainder

Moose

No Federal subsistence priority.

7

Sheep

No Federal subsistence priority.

7

Ruffed Grouse

No Federal subsistence priority.

Unit 8

Brown Bear

Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and Port Lions.

8

Deer

Residents of Unit 8.

8

Elk

Residents of Unit 8.

8

Goat

No Federal subsistence priority.

Unit 9D

Bison

No Federal subsistence priority.

9A and 9B

Black Bear

Residents of Units 9A, 9B, 17A, 17B, and 17C.

9A

Brown Bear

Residents of Pedro Bay.

9B

Brown Bear

Residents of Unit 9B.

9C

Brown Bear

Residents of Unit 9C.

9D

Brown Bear

Residents of Units 9D and 10 (Unimak Island).

9E

Brown Bear

Residents of Chignik, Chignik Lagoon, Chignik Lake, Egegik, Ivanof Bay, Perryville, Pilot Point, Ugashik, and Port Heiden/Meshik.

9A and B

Caribou

Residents of Units 9B, 9C, and 17.

9C

Caribou

Residents of Units 9B, 9C, 17, and Egegik.

9D

Caribou

Residents of Unit 9D, Akutan, and False Pass.

9E

Caribou

Residents of Units 9B, 9C, 9E, 17, Nelson Lagoon and Sand Point.

9A, B, C and E

Moose

Residents of Units 9A, 9B, 9C, and 9E.

9D

Moose

Residents of Cold Bay, False Pass, King Cove, Nelson Lagoon, and Sand Point.

9B

Sheep

Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and residents of Lake Clark Natonal Park and Preserve within Unit 9B.

9, remainder

Sheep

No determination.

9

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

9A, B, C, & E

Beaver

Residents of Units 9A, 9B, 9C, 9E, and 17.

Unit 10 Unimak Island

Brown Bear

Residents of Units 9D and 10 (Unimak Island).

Unit 10 Unimak Island

Caribou

Residents of Akutan, False Pass, King Cove, and Sand Point.

10, remainder

Caribou

No determination.

10

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

Unit 11

Bison

No Federal subsistence priority.

11, north of the Sanford River

Black Bear

Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12.

11, remainder

Black Bear

Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Unit 11.

11, north of the Sanford River

Brown Bear

Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12.

11, remainder

Brown Bear

Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11.

11, north of the Sanford River

Caribou

Residents of Units 11, 12, 13A-D, Chickaloon, Healy Lake, and Dot Lake.

11, remainder

Caribou

Residents of Units 11, 13A-D, and Chickaloon.

11

Goat

Residents of Unit 11, Chitina, Chistochina, Copper Center, Gakona, Glennallen, Gulkana, Mentasta Lake, Slana, Tazlina, Tonsina, and Dot Lake

11, north of the Sanford River

Moose

Residents of Units 11, 12, 13A-D, Chickaloon, Healy Lake, and Dot Lake.

11, remainder

Moose

Residents of Units 11, 13A-D, and Chickaloon.

11, north of the Sanford River

Sheep

Residents of Unit 12, Chistochina, Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana, Healy Lake, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, Tonsina, residents along the Nabesna Road—Milepost 0-46 (Nabesna Road), and residents along the McCarthy Road—Milepost 0-62 (McCarthy Road).

11, remainder

Sheep

Residents of Chisana, Chistochina, Chitina, Copper Center, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, Tonsina, residents along the Tok Cutoff—Milepost 79-110 (Mentasta Pass), residents along the Nabesna Road—Milepost 0-46 (Nabesna Road), and residents along the McCarthy Road—Milepost 0-62 (McCarthy Road).

11

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

11

Grouse (Spruce, Blue, Ruffed and Sharp-tailed)

Residents of Units 11, 12, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.

11

Ptarmigan (Rock, Willow and White-tailed)

Residents of Units 11, 12, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.

Unit 12

Brown Bear

Residents of Unit 12, Dot Lake, Chistochina, Gakona, Mentasta Lake, and Slana.

12

Caribou

Residents of Unit 12, Dot Lake, Healy Lake, and Mentasta Lake.

12, that portion within the Tetlin National Wildlife Refuge and those lands within the Wrangell-St. Elias National Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian border to Pickerel Lake

Moose

Residents of Units 12, 13C, Dot Lake, and Healy Lake.

12, that portion east of the Nabesna River and Nabesna Glacier, and south of the Winter Trail running southeast from Pickerel Lake to the Canadian border

Moose

Residents of Units 12, 13C, and Healy Lake.

12, remainder

Moose

Residents of Unit 11 north of 62nd parallel, Units 12, 13A-D and the residents of Chickaloon, Dot Lake, and Healy Lake.

12

Sheep

Residents of Unit 12, Chistochina, Dot Lake, Healy Lake, and Mentasta Lake.

12

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

Unit 13

Brown Bear

Residents of Unit 13 and Slana.

13B

Caribou

Residents of Units 11, 12 (along the Nabesna Road), 13, residents of Unit 20D except Fort Greely, and the residents of Chickaloon.

13C

Caribou

Residents of Units 11, 12 (along the Nabesna Road), 13 Chickaloon, Dot Lake and Healy Lake.

13A and D

Caribou

Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon.

13E

Caribou

Residents of Units 11, 12 (along the Nabesna Road), 13, Chickaloon, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239 (except no subsistence for residents of Denali National Park headquarters).

13D

Goat

No Federal subsistence priority.

13A and D

Moose

Residents of Unit 13, Chickaloon, and Slana.

13B

Moose

Residents of Units 13, 20D except Fort Greely, and the residents of Chickaloon and Slana.

13C

Moose

Residents of Units 12, 12, and the residents of Chickaloon, Healy Lake, Dot Lake and Slana.

13E

Moose

Residents of Unit 13, Chickaloon, McKinley Village, Slana, and the area along the Parks Highway between mileposts 216 and 239 (except no subsistence for residents of Denali National Park headquarters).

13D

Sheep

No Federal subsistence priority.

13

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

13

Grouse (Spruce, Blue, Ruffed and Sharp-tailed)

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.

13

Ptarmigan (Rock, Willow and White-tailed)

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.

Unit 14C

Brown Bear

No Federal subsistence priority.

14

Goat

No Federal subsistence priority.

14

Moose

No Federal subsistence priority.

14A and C

Sheep

No Federal subsistence priority.

Unit 15C

Black Bear

Residents of Port Graham and Nanwalek only.

15, remainder

Black Bear

No Federal subsistence priority.

15

Brown Bear

No Federal subsistence priority.

15

Moose

Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia.

15

Sheep

No Federal subsistence priority.

15

Ptarmigan (Rock, Willow and White-tailed)

Residents of Unit 15.

15

Grouse (Spruce)

Residents of Unit 15.

15

Grouse (Ruffed)

No Federal subsistence priority.

Unit 16B

Black Bear

Residents of Unit 16B.

16

Brown Bear

No Federal subsistence priority.

16A

Moose

No Federal subsistence priority.

16B

Moose

Residents of Unit 16B.

16

Sheep

No Federal subsistence priority.

16

Wolf

Residents of Units 6, 19, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

16

Grouse (Spruce and Ruffed)

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.

16

Ptarmigan (Rock, Willow and White-tailed)

Residents of Units 11, 13 and the residents of Chickaloon 15, 16, 20D, 22 and 23.

Unit 17A and that portion of 17B draining into Nuyakuk Lake and Tikchik Lake

Black Bear

Residents of Units 9A and B, 17, Akiak, and Akiachak.

17, remainder

Black Bear

Residents of Units 9A and B, and 17.

17A

Brown Bear

Residents of Unit 17, Akiak, Akiachak, Goodnews Bay, and Platinum.

17A and B, those portions north and west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills

Brown Bear

Residents of Kwethluk.

17B, that portion draining into Nuyakuk Lake and Tikchik Lake

Brown Bear

Residents of Akiak and Akiachak.

17B and C

Brown Bear

Residents of Unit 17.

17

Caribou

Residents of Units 9B, 17, Lime Village, and Stony River.

Unit 17A, that portion west of the Izavieknik River, Upper togiak Lake, Togiak Lake, and the main course of the Togiak River

Caribou

Residents of Goodnews Bay, Platinum, Quinhagak, Eek, Tuntutuliak, and Napakiak.

Unit 17A, that portion north of Togiak Lake that includes Izavieknik River drainages

Caribou

Residents of Goodnews Bay, Platinum, Quinhagak, Eek, Tuntutuliak, and Napakiak.

Unit 17A, that portion north of Togiak Lake that includes Izavieknik River drainages

Caribou

Residents of Akiak, Akiachak, and Tuluksak.

17A and B, those portions north and west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills

Caribou

Residents of Kwethluk.

Unit 17B, that portion of Togiak National Wildlife Refuge within Unit 17B

Caribou

Residents of Bethel, Goodnews Bay, Platinum, quinhagak, Eek, Akiak, Akiachak, Tuluksak, Tuntutuliak, and Napakiak.

17A and B, those portions north and west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills

Moose

Residents of Kwethluk.

17A

Moose

Residents of Unit 17, Goodnews Bay and Platinum; however, no subsistence for residents of Akiachak, Akiak and Quinhagak.

17A, that portion north of Togiak Lake that includes Izavieknik River drainages

Moose

Residents of Akiak, Akiachak.

Unit 17B, that portion within the Togiak National Wildlife Refuge

Moose

Residents of Akiak, Akiachak.

17B and C

Moose

Residents of Unit 17, Nondalton, Levelock, Goodnews Bay, and Platinum.

17

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

17

Beaver

Residents of Units 9A, 9B, 9C, 9E, and 17.

Unit 18

Black Bear

Residents of Unit 18, Unit 19A living downstream of the Holokuk River, Holy Cross, Stebbins, St. Michael, Twin Hills, and Togiak.

18

Brown Bear

Residents of Akiachak, Akiak, Eek, Goodnews Bay, Kwethluk, Mt. Village, Napaskiak, Platinum, Quinhagak, St. Marys, and Tuluksak.

18

Caribou

Residents of Unit 18, Manokotak, Stebbins, St. Michael, Togiak, Twin Hills, and Upper Kalskag.

18, that portion of the Yukon River drainage upstream of Russian Mission and that portion of the Kuskokwim River drainage upstream of, but not including, the Tuluksak River drainage

Moose

Residents of Unit 18, Upper Kalskag, Aniak, and Chuathbaluk.

18, remainder

Moose

Residents of Unit 18, Upper Kalskag, and Lower Kalskag.

18

Muskox

No Federal subsistence priority.

18

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

Unit 19C and D

Bison

No Federal subsistence priority.

19A and B

Brown Bear

Residents of Units 19 and 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River.

19C

Brown Bear

No Federal subsistence priority.

19D

Brown Bear

Residents of Units 19A and D, Tuluksak and Lower Kalskag.

19A and B

Caribou

Residents of Units 19A and 19B, Unit 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River, and residents of St. Marys, Marshall, Pilot Station, Russian Mission.

19C

Caribou

Residents of Unit 19C, Lime Village, McGrath, Nikolai, and Telida.

19D

Caribou

Residents of Unit 19D, Lime Village, Sleetmute, and Stony River.

19A and B

Moose

Residents of Unit 18 within Kuskokwim River drainage upstream from and including the Johnson River, and residents of Unit 19.

Unit 19B, west of the Kogrukluk River

Moose

Residents of Eek and Quinhagak.

19C

Moose

Residents of Unit 19.

19D

Moose

Residents of Unit 19 and Lake Minchumina.

19

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

Unit 20D

Bison

No Federal subsistence priority.

20F

Black Bear

Residents of Unit 20F, Stevens Village, and Manley.

20E

Brown Bear

Residents of Unit 12 and Dot Lake.

20F

Brown Bear

Residents of Unit 20F, Stevens Village, and Manley.

20A

Caribou

Residents of Cantwell, Nenana, and those demociled between mileposts 216 and 239 of the Parks Highway. No subsistence priority for residents of households of the Denali National Park Headquarters.

20B

Caribou

Residents of Unit 20B, Nenana, and Tanana.

20C

Caribou

Residents of Unit 20C living east of the Teklanika River, residents of Cantwell, Lake Minchumina, Manley Hot Springs, Minto, Nenana, Nikolai, Tanana, Talida, and those domiciled between mileposts 216 and 239 of the Parks Highway and between mileposts 300 and 309. No subsistence priority for residents of households of the Denali National Park Headquarters.

20D and E

Caribou

Residents of 20D, 20E and Unit 12 north of the Wrangell-St. Elias National Park and Preserve.

20F

Caribou

Residents of 20F, 25D, and Manley.

20A

Moose

Residents of Cantwell, Minto, Nenana, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239, except no subsistence for residents of households of the Denali National Park Headquarters.

20B, Minto Flats Management Area

Moose

Residents of Minto and Nenana.

20B, remainder

Moose

Residents of Unit 20b, Nenana, and Tanana.

20C

Moose

Residents of Unit 20C (except that portion within Denali National Park and Preserve and that portion east of the Teklanika River), Cantwell, Manley, Minto, Nenana, those domiciled between mileposts 300 and 309 of the Parks Highway, Nikolai, Tanana, Telida, McKinely Village, and the area along the Parks Highway between mileposts 216 and 239. No subsistence for residents of households of the Denali National Park Headquarters.

20D

Moose

Residents of Unit 20D and residents of Tanacross.

20E

Moose

Residents of Unit 20E, Unit 12 north of the Wrangell-St. Elias National Preserve, Circle, Centrl, Dot Lake, Healy Lake, and Mentasta Lake.

20F

Moose

Residents of Unit 20F, Manley, Minto, and Stevens Village.

20F

Wolf

Residents of Unit 20F, Stevens Village, and Manley.

20, remainder

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

20D

Grouse, (Spruce, Ruffed and Sharp-tailed)

Residents of Units 11, 13, and the residents of Chickaloon, 15, 16, 20D, 22 and 23.

20D

Ptarmigan (Rock and Willow)

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.

Unit 21

Brown Bear

Residents of Units 21 and 23.

21A

Caribou

Residents of Units 21A, 21D, 21E, Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna.

21B and C

Caribou

Residents of Units 21B, 21C, 21D, and Tanana.

21D

Caribou

Residents of Units 21B, 21C, 21D, and Huslia.

21E

Caribou

Residents of Units 21A, 21E, Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna.

21A

Moose

Residents of Units 21A, 21E, Takotna, McGrath, Aniak, and Crooked Creek.

21B and C

Moose

Residents of Units 21B, 21C, Tanana, Ruby, and Galena.

21D

Moose

Residents of Units 21D, Huslia, and Ruby.

21E

Moose

Residents of Unit 21E and Russian Mission.

21

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

Unit 22A

Black Bear

Residents of Unit 22A and Koyuk.

22B

Black Bear

Residents of Unit 22B.

22C, D, and E

Black Bear

No Federal subsistence priority.

22

Brown Bear

Residents of Unit 22.

22A

Caribou

Residents of Unit 21D west of the Koyukuk and Yukon Rivers, 22 (except residents of St. Lawrence Island), 23, 24, Kotlik, Emmonak, Hooper Bay, Scammon Bay, Chevak, Marshall, Mountain Village, Pilot Station, Pitka's Point, Russian Mission, St. Marys, Nunam Iqua, and Alakanuk.

22, remainder

Caribou

Residents of Unit 21D west of the Koyukuk and Yukon Rivers, 22 (except residents of St. Lawrence Island), 23 and 24.

22

Moose

Residents of Unit 22.

22B, west of the Darby Mountains

Muskox

Residents of Unit 22B and 22C.

22B, remainder

Muskox

Residents of Unit 22B.

22C

Muskox

Residents of Unit 22C.

Unit 22D, that portion within the Kougarok, Kuzitrin, and Pilgrim River drainages

Muskox

Residents of Unit 22C, White Mountain, and unit 22D excluding St. Lawrence Island.

22D, remainder

Muskox

Residents of Unit 22D excluding St. Lawrence Island.

22E

Muskox

Residents of Unit 22E excluding Little Diomede Island.

22

Wolf

Residents of Units 23, 22, 21D north and west of the Yukon River, and Kotlik.

22

Grouse (Spruce)

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.

22

Ptarmigan (Rock and Willow)

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.

Unit 23

Black Bear

Residents of Unit 23, Alatna, Allakaket, Bettles, Evansville, Galena, Hughes, Huslia, and Koyukuk.

23

Brown Bear

Residents of Units 21 and 23.

23

Caribou

Residents of Unit 21D west of the Koyukuk and Yukon Rivers, Galena, 22, 23, 24 including residents of Wiseman but not including other residents of the Dalton Highway Corridor Management Area, and 26A.

23

Moose

Residents of Unit 23.

23, south of Kotzebue Sound and west of and including the Buckland River drainage

Muskox

Residents of Unit 23 south of Kotzebue Sound and west of and including the Buckland River drainage.

23, remainder

Muskox

Residents of Unit 23 east and north of the Buckland River drainage.

23

Sheep

Residents of Point Lay and Unit 23 north of the Arctic Circle.

23

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

23

Grouse (Spruce and Ruffed)

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.

23

Ptarmigan (Rock, Willow and White-tailed)

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.

Unit 24, that portion south of Caribou Mountain, and within the public lands composing or immediately adjacent to the Dalton Highway Corridor Management Area

Black Bear

Residents of Stevens Village, Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area.

24, remainder

Black Bear

Residents of Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area.

24, that portion south of Caribou Mountain, and within the public lands composing or immediately adjacent to the Dalton Highway Corridor Management Area

Brown Bear

Residents of Stevens Village and residents of Unit 24.

24, remainder

Brown Bear

Residents of Unit 24.

24

Caribou

Residents of Unit 24, Galena, Kobuk, Koyukuk, Stevens Village, and Tanana.

24

Moose

Residents of Unit 24, Koyukuk, and Galena.

24

Sheep

Residents of Unit 24 residing north of the Arctic Circle, Allakaket, Alatna, Hughes, and Huslia.

24

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon and 16-26.

Unit 25D

Black Bear

Residents of Unit 25D.

25D

Brown Bear

Residents of Unit 25D.

25, remainder

Brown Bear

Residents of Unit 25 and Eagle.

25D

Caribou

Residents of 20F, 25D, and Manley.

25A

Moose

Residents of Units 25A and 25D.

25D, west

Moose

Residents of Unit 25D West.

25D, remainder

Moose

Residents of remainder of Unit 25.

25A

Sheep

Residents of Arctic Village, Chalkyitsik, Fort Yukon, Kaktovik, and Venetie.

25B and C

Sheep

No Federal subsistence priority.

25D

Wolf

Residents of Unit 25D.

25, remainder

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

Unit 26

Brown Bear

Residents of Unit 26 (except the Prudhoe Bay-Deadhorse Industrial Complex), Anaktuvuk Pass, and Point Hope.

26A and C

Caribou

Residents of Unit 26, Anaktuvuk Pass, and Point Hope.

26B

Caribou

Residents of Unit 26, Anaktuvuk Pass, Point Hope, and residents of Unit 24 within the Dalton Highway Corridor Management Area.

26

Moose

Residents of Unit 26 (except the Prudhoe Bay-Deadhorse Industrial Complex), Point Hope, and Anaktuvuk Pass.

26A

Muskox

Residents of Anaktuvuk Pass, Atqasuk, Barrow, Nuiqsut, Point Hope, Point Lay, and Wainwright.

26B

Muskox

Residents of Anaktuvuk Pass, Nuiqsut, and Kaktovik.

26C

Muskox

Residents Kaktovik.

26A

Sheep

Residents of Unit 26, Anaktuvuk Pass, and Point Hope.

26B

Sheep

Residents of Unit 26, Anaktuvuk Pass, Point Hope, and Wiseman.

26C

Sheep

Residents of Unit 26, Anaktuvuk Pass, Arctic Village, Chalkyitsik, Fort Yukon, Point Hope, and Venetie.

26

Wolf

Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.

Subpart D—Subsistence Taking of Fish and Wildlife

3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, § __.25 is revised to read as follows:

§ __.25

Subsistence taking of fish, wildlife, and shellfish: general regulations.

(a)

Definitions.

The following definitions shall apply to all regulations contained in this part:

Abalone iron

means a flat device which is used for taking abalone and which is more than 1 inch (24 mm) in width and less than 24 inches (610 mm) in length, with all prying edges rounded and smooth.

ADF&G

means the Alaska Department of Fish and Game.

Airborne

means transported by aircraft.

Aircraft

means any kind of airplane, glider, or other device used to transport people or equipment through the air, excluding helicopters.

Airport

means an airport listed in the Federal Aviation Administration's Alaska Airman's Guide and chart supplement.

Anchor

means a device used to hold a fishing vessel or net in a fixed position relative to the beach; this includes using part of the seine or lead, a ship's anchor, or being secured to another vessel or net that is anchored.

Animal

means those species with a vertebral column (backbone).

Antler

means one or more solid, horn-like appendages protruding from the head of a caribou, deer, elk, or moose.

Antlered

means any caribou, deer, elk, or moose having at least one visible antler.

Antlerless

means any caribou, deer, elk, or moose not having visible antlers attached to the skull.

Bait

means any material excluding a scent lure that is placed to attract an animal by its sense of smell or taste; however, those parts of legally taken animals that are not required to be salvaged and which are left at the kill site are not considered bait.

Beach seine

means a floating net which is designed to surround fish and is set from and hauled to the beach.

Bear

means black bear, or brown or grizzly bear.

Big game

means black bear, brown bear, bison, caribou, Sitka black-tailed deer, elk, mountain goat, moose, musk-ox, Dall sheep, wolf, and wolverine.

Bow

means a longbow, recurve bow, or compound bow, excluding a crossbow or any bow equipped with a mechanical device that holds arrows at full draw.

Broadhead

means an arrowhead that is not barbed and has two or more steel cutting edges having a minimum cutting diameter of not less than seven-eighths of an inch.

Brow tine

means a tine on the front portion of a moose antler, typically projecting forward from the base of the antler toward the nose.

Buck

means any male deer.

Bull

means any male moose, caribou, elk, or musk-oxen.

Calf

means a moose, caribou, elk, musk-ox, or bison less than 12 months old.

Cast net

means a circular net with a mesh size of no more than 12 inches and weights attached to the perimeter, which, when thrown, surrounds the fish and closes at the bottom when retrieved.

Char

means the following species: Arctic char (

Salvelinus alpinis

), lake trout (

Salvelinus namaycush

), brook trout (

Salvelinus fontinalis

), and Dolly Varden (

Salvelinus malma

).

Closed season

means the time when fish, wildlife, or shellfish may not be taken.

Crab

means the following species: red king crab (

Paralithodes camshatica

), blue king crab (

Paralithodes platypus

), brown king crab (

Lithodes aequispina

), scarlet king crab

Lithodes couesi

, all species of tanner or snow crab (

Chionoecetes

spp.), and Dungeness crab (

Cancer magister

).

Cub bear

means a brown or grizzly bear in its first or second year of life, or a black bear (including cinnamon and blue phases) in its first year of life.

Depth of net

means the perpendicular distance between cork line and lead line expressed as either linear units of measure or as a number of meshes, including all of the web of which the net is composed.

Designated hunter or fisherman

means a Federally qualified hunter or fisherman who may take all or a portion of another Federally qualified hunter's or fisherman's harvest limit(s) only under situations approved by the Board.

Dip net

means a bag-shaped net supported on all sides by a rigid frame; the maximum straight-line distance between any two points on the net frame, as measured through the net opening, may not exceed 5 feet; the depth of the bag must be at least one-half of the greatest straight-line distance, as measured through the net opening; no portion of the bag may be constructed of webbing that exceeds a stretched measurement of 4.5 inches; the frame must be attached to a single rigid handle and be operated by hand.

Diving gear

means any type of hard hat or skin diving equipment, including SCUBA equipment; a tethered, umbilical, surface-supplied unit; or snorkel.

Drainage

means all of the lands and waters comprising a watershed, including tributary rivers, streams, sloughs, ponds, and lakes, which contribute to the water supply of the watershed.

Drift gillnet

means a drifting gillnet that has not been intentionally staked, anchored, or otherwise fixed in one place.

Edible meat

means the breast meat of ptarmigan and grouse, and, those parts of caribou, deer, elk, mountain goat, moose, musk-oxen, and Dall sheep that are typically used for human consumption, which are: The meat of the ribs, neck, brisket, front quarters as far as the distal (bottom) joint of the radius-ulna (knee), hindquarters as far as the distal joint (bottom) of the tibia-fibula (hock) and that portion of the animal between the front and hindquarters; however,

edible meat

of

species listed in this definition does not include: meat of the head, meat that has been damaged and made inedible by the method of taking, bones, sinew, and incidental meat reasonably lost as a result of boning or close trimming of the bones, or viscera. For black bear, brown and grizzly bear, “edible meat” means the meat of the front quarter and hindquarters and meat along the backbone (backstrap).

Federally-qualified subsistence user

means a rural Alaska resident qualified to harvest fish or wildlife on Federal public lands in accordance with the Federal Subsistence Management Regulations in this part.

Field

means an area outside of established year-round dwellings, businesses, or other developments usually associated with a city, town, or village;

field

does not include permanent hotels or roadhouses on the State road system or at State or Federally maintained airports.

Fifty-inch (50-inch) moose

means a bull moose with an antler spread of 50 inches or more.

Fish wheel

means a fixed, rotating device, with no more than four baskets on a single axle, for catching fish, which is driven by river current or other means.

Fresh water of streams and rivers

means the line at which fresh water is separated from salt water at the mouth of streams and rivers by a line drawn headland to headland across the mouth as the waters flow into the sea.

Full curl horn

means the horn of a Dall sheep ram; the tip of which has grown through 360 degrees of a circle described by the outer surface of the horn, as viewed from the side, or that both horns are broken, or that the sheep is at least 8 years of age as determined by horn growth annuli.

Furbearer

means a beaver, coyote, arctic fox, red fox, lynx, marten, mink, weasel, muskrat, river (land) otter, red squirrel, flying squirrel, ground squirrel, marmot, wolf, or wolverine.

Fyke net

means a fixed, funneling (fyke) device used to entrap fish.

Gear

means any type of fishing apparatus.

Gillnet

means a net primarily designed to catch fish by entanglement in a mesh that consists of a single sheet of webbing which hangs between cork line and lead line, and which is fished from the surface of the water.

Grappling hook

means a hooked device with flukes or claws, which is attached to a line and operated by hand.

Groundfish

or

bottomfish

means any marine fish except halibut, osmerids, herring and salmonids.

Grouse

collectively refers to all species found in Alaska, including spruce grouse, ruffed grouse, blue grouse, and sharp-tailed grouse.

Hand purse seine

means a floating net which is designed to surround fish and which can be closed at the bottom by pursing the lead line; pursing may only be done by hand power, and a free-running line through one or more rings attached to the lead line is not allowed.

Handicraft

means a finished product made by a rural Alaskan resident from the nonedible byproducts of fish or wildlife and is composed wholly or in some significant respect of natural materials. The shape and appearance of the natural material must be substantially changed by the skillful use of hands, such as sewing, weaving, drilling, lacing, beading, carving, etching, scrimshawing, painting, or other means, and incorporated into a work of art, regalia, clothing, or other creative expression, and can be either traditional or contemporary in design. The handicraft must have substantially greater monetary and aesthetic value than the unaltered natural material alone.

Handline

means a hand-held and operated line, with one or more hooks attached.

Hare or hares

collectively refers to all species of hares (commonly called rabbits) in Alaska and includes snowshoe hare and tundra hare.

Harvest limit

means the number of any one species permitted to be taken by any one person or designated group, per specified time period, in a Unit or portion of a Unit in which the taking occurs even if part or all of the harvest is preserved. A fish, when landed and killed by means of rod and reel, becomes part of the harvest limit of the person originally hooking it.

Herring pound

means an enclosure used primarily to contain live herring over extended periods of time.

Highway

means the drivable surface of any constructed road.

Household

means that group of people residing in the same residence.

Hung measure

means the maximum length of the cork line when measured wet or dry with traction applied at one end only.

Hunting

means the taking of wildlife within established hunting seasons with archery equipment or firearms, and as authorized by a required hunting license.

Hydraulic clam digger

means a device using water or a combination of air and water used to harvest clams.

Jigging gear

means a line or lines with lures or baited hooks, drawn through the water by hand, and which are operated during periods of ice cover from holes cut in the ice, or from shore ice and which are drawn through the water by hand.

Lead

means either a length of net employed for guiding fish into a seine, set gillnet, or other length of net, or a length of fencing employed for guiding fish into a fish wheel, fyke net, or dip net.

Legal limit of fishing gear

means the maximum aggregate of a single type of fishing gear permitted to be used by one individual or boat, or combination of boats in any particular regulatory area, district, or section.

Long line

means either a stationary, buoyed, or anchored line, or a floating, free-drifting line with lures or baited hooks attached.

Marmot

collectively refers to all species of marmot that occur in Alaska, including the hoary marmot, Alaska marmot, and the woodchuck.

Mechanical clam digger

means a mechanical device used or capable of being used for the taking of clams.

Mechanical jigging machine

means a mechanical device with line and hooks used to jig for halibut and bottomfish, but does not include hand gurdies or rods with reels.

Mile

means a nautical mile when used in reference to marine waters or a statute mile when used in reference to fresh water.

Motorized vehicle

means a motor-driven land, air, or water conveyance.

Open season

means the time when wildlife may be taken by hunting or trapping; an open season includes the first and last days of the prescribed season period.

Otter

means river or land otter only, excluding sea otter.

Permit hunt

means a hunt for which State or Federal permits are issued by registration or other means.

Poison

means any substance that is toxic or poisonous upon contact or ingestion.

Possession

means having direct physical control of wildlife at a given time or having both the power and intention to exercise dominion or control of wildlife either directly or through another person or persons.

Possession limit

means the maximum number of fish, grouse, or ptarmigan a person or designated group may have in possession if the they have not been canned, salted, frozen, smoked, dried, or otherwise preserved so as to be fit for human consumption after a 15-day period.

Pot

means a portable structure designed and constructed to capture and retain live fish and shellfish in the water.

Ptarmigan

collectively refers to all species found in Alaska, including white-tailed ptarmigan, rock ptarmigan, and willow ptarmigan.

Purse seine

means a floating net which is designed to surround fish and which can be closed at the bottom by means of a free-running line through one or more rings attached to the lead line.

Ram

means a male Dall sheep.

Registration permit

means a permit that authorizes hunting and is issued to a person who agrees to the specified hunting conditions. Hunting permitted by a registration permit begins on an announced date and continues throughout the open season, or until the season is closed by Board action. Registration permits are issued in the order applications are received and/or are based on priorities as determined by 50 CFR 100.17 and 36 CFR 242.17.

Regulatory year

means July 1 through June 30, except for fish and shellfish, for which it means April 1 through March 31.

Ring net

means a bag-shaped net suspended between no more than two frames; the bottom frame may not be larger in perimeter than the top frame; the gear must be nonrigid and collapsible so that free movement of fish or shellfish across the top of the net is not prohibited when the net is employed.

Rockfish

means all species of the genus

Sebastes

.

Rod and reel

means either a device upon which a line is stored on a fixed or revolving spool and is deployed through guides mounted on a flexible pole, or a line that is attached to a pole. In either case, bait or an artificial fly or lure is used as terminal tackle. This definition does not include the use of rod and reel gear for snagging.

Salmon

means the following species: pink salmon (

Oncorhynchus gorbuscha

); sockeye salmon (

Oncorhynchus nerka

); Chinook salmon (

Oncorhynchus tshawytscha

); coho salmon (

Oncorhynchus kisutch

); and chum salmon (

Oncorhynchus keta

).

Salmon stream

means any stream used by salmon for spawning, rearing, or for traveling to a spawning or rearing area.

Salvage

means to transport the edible meat, skull, or hide, as required by regulation, of a regulated fish, wildlife, or shellfish to the location where the edible meat will be consumed by humans or processed for human consumption in a manner which saves or prevents the edible meat from waste, and preserves the skull or hide for human use.

Scallop dredge

means a dredge-like device designed specifically for and capable of taking scallops by being towed along the ocean floor.

Sea urchin rake

means a hand-held implement, no longer than 4 feet, equipped with projecting prongs used to gather sea urchins.

Sealing

means placing a mark or tag on a portion of a harvested animal by an authorized representative of the ADF&G;

sealing

includes collecting and recording information about the conditions under which the animal was harvested, and measurements of the specimen submitted for sealing or surrendering a specific portion of the animal for biological information.

Set gillnet

means a gillnet that has been intentionally set, staked, anchored, or otherwise fixed.

Seven-eighths curl horn

means the horn of a male Dall sheep, the tip of which has grown through seven-eights (315 degrees) of a circle, described by the outer surface of the horn, as viewed from the side, or with both horns broken.

Shovel

means a hand-operated implement for digging clams.

Skin, hide, pelt, or fur

means any tanned or untanned external covering of an animal's body. However, for bear, the skin, hide, pelt, or fur means the external covering with claws attached.

Snagging

means hooking or attempting to hook a fish elsewhere than in the mouth.

Spear

means a shaft with a sharp point or fork-like implement attached to one end, which is used to thrust through the water to impale or retrieve fish, and which is operated by hand.

Spike-fork moose

means a bull moose with only one or two tines on either antler; male calves are not spike-fork bulls.

Stretched measure

means the average length of any series of 10 consecutive meshes measured from inside the first knot and including the last knot when wet; the 10 meshes, when being measured, shall be an integral part of the net, as hung, and measured perpendicular to the selvages; measurements shall be made by means of a metal tape measure while the 10 meshes being measured are suspended vertically from a single peg or nail, under 5-pound weight.

Subsistence fishing permit

means a subsistence harvest permit issued by the Alaska Department of Fish and Game or the Federal Subsistence Board.

Take

or

Taking

means to fish, pursue, hunt, shoot, trap, net, capture, collect, kill, harm, or attempt to engage in any such conduct.

Tine

or

antler point

refers to any point on an antler, the length of which is greater than its width and is at least one inch.

To operate fishing gear

means any of the following: To deploy gear in the water; to remove gear from the water; to remove fish or shellfish from the gear during an open season or period; or to possess a gillnet containing fish during an open fishing period, except that a gillnet which is completely clear of the water is not considered to be operating for the purposes of minimum distance requirement.

Transportation

means to ship, convey, carry, or transport by any means whatever and deliver or receive for such shipment, conveyance, carriage, or transportation.

Trapping

means the taking of furbearers within established trapping seasons and with a required trapping license.

Trawl

means a bag-shaped net towed through the water to capture fish or shellfish, and includes beam, otter, or pelagic trawl.

Troll gear

means a power gurdy troll gear consisting of a line or lines with lures or baited hooks which are drawn through the water by a power gurdy; hand troll gear consisting of a line or lines with lures or baited hooks which are drawn through the water from a vessel by hand trolling, strip fishing, or other types of trolling, and which are retrieved by hand power or hand-powered crank and not by any type of electrical, hydraulic, mechanical, or other assisting device or attachment; or dinglebar troll gear consisting of one or more lines, retrieved and set with a troll gurdy or hand troll gurdy, with a terminally attached weight from which one or more leaders with one or more lures or baited hooks are pulled through the water while a vessel is making way.

Trophy

means a mount of a big game animal, including the skin of the head (cape) or the entire skin, in a lifelike representation of the animal, including a lifelike representation made from any part of a big game animal; “trophy” also includes a “European mount” in which the horns or antlers and the skull or a portion of the skull are mounted for display.

Trout

means the following species: cutthroat trout (

Oncorhynchus clarki

) and rainbow/steelhead trout (

Oncorhynchus mykiss

).

Unclassified wildlife or unclassified species

means all species of animals not otherwise classified by the definitions in this paragraph (a), or regulated under other Federal law as listed in paragraph (i) of this section.

Ungulate

means any species of hoofed mammal, including deer, caribou, elk, moose, mountain goat, Dall sheep, and musk oxen.

Unit

and

Subunit

mean one of the geographical areas in the State of Alaska known as Game Management Units, or GMUs, as defined in the codified Alaska Department of Fish and Game regulations found in Title 5 of the Alaska Administrative Code and collectively listed in this part as Units or Subunits.

Wildlife

means any hare (rabbit), ptarmigan, grouse, ungulate, bear, furbearer, or unclassified species and includes any part, product, egg, or offspring thereof, or carcass or part thereof.

(b) Taking fish, wildlife, or shellfish for subsistence uses by a prohibited method is a violation of this part. Seasons are closed unless opened by Federal regulation. Hunting, trapping, or fishing during a closed season or in an area closed by this part is prohibited. You may not take for subsistence fish, wildlife, or shellfish outside established Unit or Area seasons, or in excess of the established Unit or Area harvest limits, unless otherwise provided for by the Board. You may take fish, wildlife, or shellfish under State regulations on public lands, except as otherwise restricted at §§ __.26 through __.28. Unit/Area-specific restrictions or allowances for subsistence taking of fish, wildlife, or shellfish are identified at §§ __.26 through __.28.

(c)

Harvest limits.

(1) Harvest limits authorized by this section and harvest limits established in State regulations may not be accumulated.

(2) Fish, wildlife, or shellfish taken by a designated individual for another person pursuant to § __.10(d)(5)(ii) count toward the individual harvest limit of the person for whom the fish, wildlife, or shellfish is taken.

(3) A harvest limit applies to the number of fish, wildlife, or shellfish that can be taken during a regulatory year; however, harvest limits for grouse, ptarmigan, and caribou (in some Units) are regulated by the number that may be taken per day. Harvest limits of grouse and ptarmigan are also regulated by the number that can be held in possession.

(4) Unless otherwise provided, any person who gives or receives fish, wildlife, or shellfish shall furnish, upon a request made by a Federal or State agent, a signed statement describing the following: names and addresses of persons who gave and received fish, wildlife, or shellfish; the time and place that the fish, wildlife, or shellfish was taken; and identification of species transferred. Where a qualified subsistence user has designated another qualified subsistence user to take fish, wildlife, or shellfish on his or her behalf in accordance with § __.10(d)(5)(ii), the permit shall be furnished in place of a signed statement.

(d)

Fishing by designated harvest permit.

(1) Any species of fish that may be taken by subsistence fishing under this part may be taken under a designated harvest permit.

(2) If you are a Federally-qualified subsistence user, you (beneficiary) may designate another Federally-qualified subsistence user to take fish on your behalf. The designated fisherman must obtain a designated harvest permit prior to attempting to harvest fish and must return a completed harvest report. The designated fisherman may fish for any number of beneficiaries but may have no more than two harvest limits in his/her possession at any one time.

(3) The designated fisherman must have in possession a valid designated fishing permit when taking, attempting to take, or transporting fish taken under this section, on behalf of a beneficiary.

(4) The designated fisherman may not fish with more than one legal limit of gear.

(5) You may not designate more than one person to take or attempt to take fish on your behalf at one time. You may not personally take or attempt to take fish at the same time that a designated fisherman is taking or attempting to take fish on your behalf.

(e)

Hunting by designated harvest permit.

In Units 1-8, 9D, 10-16, and 18-26, if you are a Federally qualified subsistence user (recipient), you may designate another Federally qualified subsistence user to take deer, moose and caribou on your behalf unless you are a member of a community operating under a community harvest system or unless Unit-specific regulations in Section __.26 preclude or modify the use of the designated hunter system or allow the harvest of additional species by a designated hunter. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than two harvest limits in his/her possession at any one time, unless otherwise specified in unit-specific regulations in § __.26.

(f) A rural Alaska resident who has been designated to take fish, wildlife, or shellfish on behalf of another rural Alaska resident in accordance with § __.10(d)(5)(ii) shall promptly deliver the fish, wildlife, or shellfish to that rural Alaska resident and may not charge the recipient for his/her services in taking the fish, wildlife, or shellfish or claim for themselves the meat or any part of the harvested fish, wildlife, or shellfish.

(g) [Reserved].

(h)

Permits.

If a subsistence fishing or hunting permit is required by this part, the following permit conditions apply unless otherwise specified in this section:

(1) You may not take more fish, wildlife, or shellfish for subsistence use than the limits set out in the permit;

(2) You must obtain the permit prior to fishing or hunting;

(3) You must have the permit in your possession and readily available for inspection while fishing, hunting, or transporting subsistence-taken fish, wildlife, or shellfish;

(4) If specified on the permit, you shall keep accurate daily records of the harvest, showing the number of fish, wildlife, or shellfish taken, by species, location and date of harvest, and other such information as may be required for management or conservation purposes; and

(5) If the return of harvest information necessary for management and conservation purposes is required by a permit and you fail to comply with such reporting requirements, you are ineligible to receive a subsistence permit for that activity during the following calendar year, unless you demonstrate that failure to report was due to loss in the mail, accident, sickness, or other unavoidable circumstances.

(i) You may not possess, transport, give, receive, or barter fish, wildlife, or shellfish that was taken in violation of Federal or State statutes or a regulation promulgated hereunder.

(j)

Utilization of fish, wildlife, or shellfish.

(1) You may not use wildlife as food for a dog or furbearer, or as bait, except as allowed for in § __.26, § __.27, or § __.28, or except for the following:

(i) The hide, skin, viscera, head, or bones of wildlife;

(ii) The skinned carcass of a furbearer;

(iii) Squirrels, hares (rabbits), grouse, or ptarmigan; however, you may not use the breast meat of grouse and ptarmigan as animal food or bait;

(iv) Unclassified wildlife.

(2) If you take wildlife for subsistence, you must salvage the following parts for human use:

(i) The hide of a wolf, wolverine, coyote, fox, lynx, marten, mink, weasel, or otter;

(ii) The hide and edible meat of a brown bear, except that the hide of brown bears taken in Units 5, 9B, 17, 18, portions of 19A and 19B, 21D, 22, 23, 24, and 26A need not be salvaged;

(iii) The hide and edible meat of a black bear;

(iv) The hide or meat of squirrels, hares (rabbits), marmots, beaver, muskrats, or unclassified wildlife.

(3) You must salvage the edible meat of ungulates, bear, grouse, and ptarmigan.

(4) You may not intentionally waste or destroy any subsistence-caught fish or shellfish; however, you may use for bait or other purposes whitefish, herring, and species for which bag limits, seasons, or other regulatory methods and means are not provided in this section, as well as the head, tail, fins, and viscera of legally taken subsistence fish.

(5) Failure to salvage the edible meat may not be a violation if such failure is caused by circumstances beyond the control of a person, including theft of the harvested fish, wildlife, or shellfish, unanticipated weather conditions, or unavoidable loss to another animal.

(6) If you are a Federally-qualified subsistence user, you may sell handicraft articles made from the skin, hide, pelt, or fur, including claws, of a black bear.

(i) In Units 1, 2, 3, 4, and 5, you may sell handicraft articles made from the skin, hide, pelt, fur, claws, bones, teeth, sinew, or skulls of a black bear taken from Units 1, 2, 3, or 5.

(ii) [Reserved].

(7) If you are a Federally-qualified subsistence user, you may sell handicraft articles made from the skin, hide, pelt, or fur, including claws, of a brown bear taken from Units 1-5, 9A-C, 9E, 12, 17, 20, or 25.

(i) In Units 1, 2, 3, 4, and 5, you may sell handicraft articles made from the skin, hide, pelt, fur, claws, bones, teeth, sinew, or skulls of a brown bear taken from Units 1, 4, or 5.

(ii) [Reserved].

(8) If you are a Federally-qualified subsistence user, you may sell the raw fur or tanned pelt with or without claws attached from legally harvested furbearers.

(9) If you are a Federally-qualified subsistence user, you may sell handicraft articles made from the nonedible byproducts (including, but not limited to, skin, shell, fins, and bones) of subsistence-harvested fish or shellfish.

(10) If you are a Federally qualified subsistence user, you may sell handicraft articles made from nonedible byproducts of wildlife harvested for subsistence uses (excluding bear), to include; skin, hide, pelt, fur, claws, bones (except skulls of moose, caribou, elk, deer, sheep, goat and muskox), teeth, sinew, antlers and/or horns (if not attached to any part of the skull or made to represent a big game trophy) and hooves.

(11) The sale of handicrafts made from the nonedible byproducts of wildlife, when authorized in this part, may not constitute a significant commercial enterprise.

(k) The regulations found in this part do not apply to the subsistence taking and use of fish, wildlife, or shellfish regulated pursuant to the Fur Seal Act of 1966 (80 Stat. 1091, 16 U.S.C. 1187); the Endangered Species Act of 1973 (87 Stat. 884, 16 U.S.C. 1531-1543); the Marine Mammal Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361-1407); and the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703-711), or to any amendments to these Acts. The taking and use of fish, wildlife, or shellfish, covered by these Acts, will conform to the specific provisions contained in these Acts, as amended, and any implementing regulations.

(l) Rural residents, nonrural residents, and nonresidents not specifically prohibited by Federal regulations from fishing, hunting, or trapping on public lands in an area may fish, hunt, or trap on public lands in accordance with the appropriate State regulations.

4. In subpart D of 36 CFR part 242 and 50 CFR part 100, § __.26 is added effective July 1, 2006, through June 30, 2007, to read as follows:

§ __.26

Subsistence taking of wildlife.

(a) You may take wildlife for subsistence uses by any method, except as prohibited in this section or by other Federal statute. Taking wildlife for subsistence uses by a prohibited method is a violation of this part. Seasons are closed unless opened by Federal regulation. Hunting or trapping during a closed season or in an area closed by this part is prohibited.

(b) Except for special provisions found at paragraphs (n)(1) through (26) of this section, the following methods and means of taking wildlife for subsistence uses are prohibited:

(1) Shooting from, on, or across a highway;

(2) Using any poison;

(3) Using a helicopter in any manner, including transportation of individuals, equipment, or wildlife; however, this prohibition does not apply to transportation of an individual, gear, or wildlife during an emergency rescue operation in a life-threatening situation;

(4) Taking wildlife from a motorized land or air vehicle when that vehicle is in motion, or from a motor-driven boat when the boat's progress from the motor's power has not ceased;

(5) Using a motorized vehicle to drive, herd, or molest wildlife;

(6) Using or being aided by use of a machine gun, set gun, or a shotgun larger than 10 gauge;

(7) Using a firearm other than a shotgun, muzzle-loaded rifle, rifle, or pistol using center-firing cartridges, for the taking of ungulates, bear, wolves, or wolverine, except that—

(i) An individual in possession of a valid trapping license may use a firearm that shoots rimfire cartridges to take wolves and wolverine;

(ii) Only a muzzle-loading rifle of .54-caliber or larger, or a .45-caliber muzzle-loading rifle with a 250-grain, or larger, elongated slug may be used to take brown bear, black bear, elk, moose, musk oxen, and mountain goat;

(8) Using or being aided by use of a pit, fire, artificial light, radio communication, artificial salt lick, explosive, barbed arrow, bomb, smoke, chemical, conventional steel trap with a jaw spread over 9 inches, or conibear style trap with a jaw spread over 11 inches;

(9) Using a snare, except that an individual in possession of a valid hunting license may use nets and snares to take unclassified wildlife, ptarmigan, grouse, or hares; and, individuals in possession of a valid trapping license may use snares to take furbearers;

(10) Using a trap to take ungulates or bear;

(11) Using hooks to physically snag, impale, or otherwise take wildlife; however, hooks may be used as a trap drag;

(12) Using a crossbow to take ungulates, bear, wolf, or wolverine in any area restricted to hunting by bow and arrow only;

(13) Taking of ungulates, bear, wolf, or wolverine with a bow, unless the bow is capable of casting a

7/8

inch wide broadhead-tipped arrow at least 175 yards horizontally, and the arrow and broadhead together weigh at least 1 ounce (437.5 grains);

(14) Using bait for taking ungulates, bear, wolf, or wolverine; except, you may use bait to take wolves and wolverine with a trapping license, and you may use bait to take black bears with a hunting license as authorized in Unit-specific regulations at paragraphs (n)(1) through (26) of this section. Baiting of black bears is subject to the following restrictions:

(i) Before establishing a black bear bait station, you must register the site with ADF&G;

(ii) When using bait, you must clearly mark the site with a sign reading “black bear bait station” that also displays your hunting license number and

ADF&aves\rules.xmlamp;G-assigned number;

(iii) You may use only biodegradable materials for bait; you may use only the head, bones, viscera, or skin of legally harvested fish and wildlife for bait;

(iv) You may not use bait within

1/4

mile of a publicly maintained road or trail;

(v) You may not use bait within 1 mile of a house or other permanent dwelling, or within 1 mile of a developed campground or developed recreational facility;

(vi) When using bait, you must remove litter and equipment from the bait station site when done hunting;

(vii) You may not give or receive payment for the use of a bait station, including barter or exchange of goods;

(viii) You may not have more than two bait stations with bait present at any one time;

(15) Taking swimming ungulates, bears, wolves, or wolverine;

(16) Taking or assisting in the taking of ungulates, bear, wolves, wolverine, or other furbearers before 3 a.m. following the day in which airborne travel occurred (except for flights in regularly scheduled commercial aircraft); however, this restriction does not apply to subsistence taking of deer, the setting of snares or traps, or the removal of furbearers from traps or snares;

(17) Taking a bear cub or a sow accompanied by cub(s).

(c) Wildlife taken in defense of life or property is not a subsistence use; wildlife so taken is subject to State regulations.

(d) The following methods and means of trapping furbearers for subsistence uses pursuant to the requirements of a trapping license are prohibited, in addition to the prohibitions listed at paragraph (b) of this section:

(1) Disturbing or destroying a den, except that you may disturb a muskrat pushup or feeding house in the course of trapping;

(2) Disturbing or destroying any beaver house;

(3) Taking beaver by any means other than a steel trap or snare, except that you may use firearms in certain Units with established seasons as identified in Unit-specific regulations found in this subpart;

(4) Taking otter with a steel trap having a jaw spread of less than 5

7/8

inches during any closed mink and marten season in the same Unit;

(5) Using a net or fish trap (except a blackfish or fyke trap);

(6) Taking or assisting in the taking of furbearers by firearm before 3:00 a.m. on the day following the day on which airborne travel occurred; however, this does not apply to a trapper using a firearm to dispatch furbearers caught in a trap or snare.

(e)

Possession and transportation of wildlife.

(1) Except as specified in paragraph (e)(2) or (f)(1) of this section, or as otherwise provided, you may not take a species of wildlife in any unit, or portion of a unit, if your total take of that species already obtained anywhere in the State under Federal and State regulations equals or exceeds the harvest limit in that unit.

(2) An animal taken under Federal or State regulations by any member of a community with an established community harvest limit for that species counts toward the community harvest limit for that species. Except for wildlife taken pursuant to § __.10(d)(5)(iii) or as otherwise provided for by this Part, an animal taken as part of a community harvest limit counts toward every community member's harvest limit for that species taken under Federal or State of Alaska regulations.

(f)

Harvest limits.

(1) The harvest limit specified for a trapping season for a species and the harvest limit set for a hunting season for the same species are separate and distinct. This means that if you have taken a harvest limit for a particular species under a trapping season, you may take additional animals under the harvest limit specified for a hunting season or vice versa.

(2) A brown/grizzly bear taken in a Unit or portion of a Unit having a harvest limit of “one brown/grizzly bear per year” counts against a “one brown/grizzly bear every four regulatory years” harvest limit in other Units. You may not take more than one brown/grizzly bear in a regulatory year.

(3) The Assistant Regional Director for Subsistence Management, FWS, is authorized to open, close, or adjust Federal subsistence lynx seasons and to set harvest and possession limits for lynx in Units 6, 7, 11, 12, 13, 14, 15, 16, 20A, 20B, 20C east of the Teklanika River, 20D, and 20E, with a maximum season of November 1-February 28. This delegation may be exercised only when it is necessary to conserve lynx populations or to continue subsistence uses, only within guidelines listed within the ADF&G Lynx Harvest Management Strategy, and only after staff analysis of the potential action, consultation with the appropriate Regional Council Chairs, and Interagency Staff Committee concurrence.

(g)

Evidence of sex and identity.

(1) If subsistence take of Dall sheep is restricted to a ram, you may not possess or transport a harvested sheep unless both horns accompany the animal.

(2) If the subsistence taking of an ungulate, except sheep, is restricted to one sex in the local area, you may not possess or transport the carcass of an animal taken in that area unless sufficient portions of the external sex organs remain attached to indicate conclusively the sex of the animal, except that in Units 1-5 antlers are also considered proof of sex for deer if the antlers are naturally attached to an entire carcass, with or without the viscera; and except in Units 11, 13, 19, 21, and 24, where you may possess either sufficient portions of the external sex organs (still attached to a portion of the carcass) or the head (with or without antlers attached; however, the antler stumps must remain attached) to indicate the sex of the harvested moose; however, this paragraph (g)(2) does not apply to the carcass of an ungulate that has been butchered and placed in storage or otherwise prepared for consumption upon arrival at the location where it is to be consumed.

(3) If a moose harvest limit requires an antlered bull, an antler size, or configuration restriction, you may not possess or transport the moose carcass or its parts unless both antlers accompany the carcass or its parts. If you possess a set of antlers with less than the required number of brow tines on one antler, you must leave the antlers naturally attached to the unbroken, uncut skull plate; however, this paragraph (g)(3) does not apply to a moose carcass or its parts that have been butchered and placed in storage or otherwise prepared for consumption after arrival at the place where it is to be stored or consumed.

(h)

Removing harvest from the field.

You must leave all edible meat on the bones of the front quarters and hind quarters of caribou and moose harvested in Units 9B, 17, 18, and 19B prior to October 1 until you remove the meat from the field or process it for human consumption. You must leave all edible meat on the bones of the front quarters, hind quarters, and ribs of moose harvested in Unit 21 prior to October 1 until you remove the meat from the field or process it for human consumption. You must leave all edible meat on the bones of the front quarters, hind quarters, and ribs of caribou and moose harvested in Unit 24 prior to October 1 until you remove the meat from the field or process it for human consumption. Meat of the front quarters, hind quarters, or ribs from a harvested moose or caribou may be processed for human consumption and consumed in the field; however, meat may not be removed from the bones for purposes of transport out of the field.

(i)

Returning of tags, marks, or collars.

If you take an animal that has been marked or tagged for scientific studies, you must, within a reasonable time, notify the ADF&G or the agency identified on the collar or marker when and where the animal was taken. You also must retain any ear tag, collar, radio, tattoo, or other identification with the hide until it is sealed, if sealing is required; in all cases, you must return any identification equipment to the ADF&G or to an agency identified on such equipment.

(j)

Sealing of bear skins and skulls.

(1) Sealing requirements for bear shall apply to brown bears taken in all Units, except as specified in this paragraph, and black bears of all color phases taken in Units 1-7, 11-17, and 20.

(2) You may not possess or transport from Alaska the untanned skin or skull of a bear unless the skin and skull have been sealed by an authorized representative of ADF&G in accordance with State or Federal regulations, except that the skin and skull of a brown bear taken under a registration permit in Units 5, 9B, 9E, 17, 18, 19A and 19B downstream of and including the Aniak River drainage, 21D, 22, 23, 24, and 26A need not be sealed unless removed from the area.

(3) You must keep a bear skin and skull together until a representative of the ADF&G has removed a rudimentary premolar tooth from the skull and sealed both the skull and the skin; however, this provision shall not apply to brown bears taken within Units 5, 9B, 9E, 17, 18, 19A and 19B downstream of and including the Aniak River drainage, 21D, 22, 23, 24, and 26A which are not removed from the Unit.

(i) In areas where sealing is required by Federal regulations, you may not possess or transport the hide of a bear that does not have the penis sheath or vaginal orifice naturally attached to indicate conclusively the sex of the bear.

(ii) If the skin or skull of a bear taken in Units 9B, 17, 18, and 19A and 19B downstream of and including the Aniak River drainage is removed from the area, you must first have it sealed by an ADF&G representative in Bethel, Dillingham, or McGrath; at the time of sealing, the ADF&G representative shall remove and retain the skin of the skull and front claws of the bear.

(iii) If you remove the skin or skull of a bear taken in Units 21D, 22, 23, 24, and 26A from the area or present it for commercial tanning within the area, you must first have it sealed by an ADF&G representative in Barrow, Galena, Nome, or Kotzebue; at the time of sealing, the ADF&G representative shall remove and retain the skin of the skull and front claws of the bear.

(iv) If you remove the skin or skull of a bear taken in Unit 5 from the area, you must first have it sealed by an ADF&G representative in Yakutat; at the time of sealing, the ADF&G representative shall remove and retain the skin of the skull and front claws of the bear.

(v) If you remove the skin or skull of a bear taken in Unit 9E from Unit 9, you must first have it sealed by an authorized sealing representative. At the time of sealing, the representative shall remove and retain the skin of the skull and front claws of the bear.

(4) You may not falsify any information required on the sealing certificate or temporary sealing form provided by the ADF&G in accordance with State regulations.

(k)

Sealing of beaver, lynx, marten, otter, wolf, and wolverine.

You may not possess or transport from Alaska the untanned skin of a marten taken in Units 1-5, 7, 13E, or 14-16 or the untanned skin of a beaver, lynx, otter, wolf, or wolverine, whether taken inside or outside the State, unless the skin has been sealed by an authorized representative in accordance with State or Federal regulations. In Unit 18, you must obtain an ADF&G seal for beaver skins only if they are to be sold or commercially tanned.

(1) You must seal any wolf taken in Unit 2 on or before the 30th day after the date of taking.

(2) You must leave the radius and ulna of the left foreleg naturally attached to the hide of any wolf taken in Units 1-5 until the hide is sealed.

(l) If you take a species listed in paragraph (k) of this section but are unable to present the skin in person, you must complete and sign a temporary sealing form and ensure that the completed temporary sealing form and skin are presented to an authorized representative of ADF&G for sealing consistent with requirements listed in paragraph (k) of this section.

(m) You may take wildlife, outside of established season or harvest limits, for food in traditional religious ceremonies, that are part of a funerary or mortuary cycle, including memorial potlatches, under the following provisions:

(1) The harvest does not violate recognized principles of wildlife conservation and uses the methods and means allowable for the particular species published in the applicable Federal regulations. The appropriate Federal land manager will establish the number, species, sex, or location of harvest, if necessary, for conservation purposes. Other regulations relating to ceremonial harvest may be found in the unit-specific regulations in § __.26(n).

(2) No permit or harvest ticket is required for harvesting under this section; however, the harvester must be a Federally qualified subsistence user with customary and traditional use in the area where the harvesting will occur.

(3) In Units 1-26 (except for Koyukon/Gwich'in potlatch ceremonies in Units 20F, 21, 24, or 25):

(i) A tribal chief, village or tribal council president, or the chief's or president's designee for the village in which the religious/cultural ceremony will be held, or a Federally qualified subsistence user outside of a village or tribal-organized ceremony, must notify the nearest Federal land manager that a wildlife harvest will take place. The notification must include the species, harvest location, and number of animals expected to be taken.

(ii) Immediately after the wildlife is taken, the tribal chief, village or tribal council president or designee, or other Federally qualified subsistence user must create a list of the successful hunters and maintain these records, including the name of the decedent for whom the ceremony will be held. If requested, this information must be available to an authorized representative of the Federal land manager.

(iii) The tribal chief, village or tribal council president or designee, or other Federally qualified subsistence user outside of the village in which the religious/cultural ceremony will be held must report to the Federal land manager the harvest location, species, sex, and number of animals taken as soon as practicable, but not more than 15 days after the wildlife is taken.

(4) In Units 20F, 21, 24, and 25 (for Koyukon/Gwich'in potlatch ceremonies only):

(i) Taking wildlife outside of established season and harvest limits is authorized if it is for food for the traditional Koyukon/Gwich'in Potlatch Funerary or Mortuary ceremony and if it is consistent with conservation of healthy populations.

(ii) Immediately after the wildlife is taken, the tribal chief, village or tribal council president, or the chief's or president's designee for the village in which the religious ceremony will be held must create a list of the successful hunters and maintain these records. The list must be made available, after the harvest is completed, to a Federal land manager upon request.

(iii) As soon as practical, but not more than 15 days after the harvest, the tribal chief, village council president, or designee must notify the Federal land

manager about the harvest location, species, sex, and number of animals taken.

(n)

Unit regulations.

You may take for subsistence unclassified wildlife, all squirrel species, and marmots in all Units, without harvest limits, for the period of July 1-June 30. Unit-specific restrictions or allowances for subsistence taking of wildlife are identified at paragraphs (n)(1) through (26) of this section.

(1)

Unit 1.

Unit 1 consists of all mainland drainages from Dixon Entrance to Cape Fairweather, and those islands east of the center line of Clarence Strait from Dixon Entrance to Caamano Point, and all islands in Stephens Passage and Lynn Canal north of Taku Inlet:

(i) Unit 1A consists of all drainages south of the latitude of Lemesurier Point including all drainages into Behm Canal, excluding all drainages of Ernest Sound;

(ii) Unit 1B consists of all drainages between the latitude of Lemesurier Point and the latitude of Cape Fanshaw including all drainages of Ernest Sound and Farragut Bay, and including the islands east of the center lines of Frederick Sound, Dry Strait (between Sergief and Kadin Islands), Eastern Passage, Blake Channel (excluding Blake Island), Ernest Sound, and Seward Passage;

(iii) Unit 1C consists of that portion of Unit 1 draining into Stephens Passage and Lynn Canal north of Cape Fanshaw and south of the latitude of Eldred Rock including Berners Bay, Sullivan Island, and all mainland portions north of Chichagof Island and south of the latitude of Eldred Rock, excluding drainages into Farragut Bay;

(iv) Unit 1D consists of that portion of Unit 1 north of the latitude of Eldred Rock, excluding Sullivan Island and the drainages of Berners Bay;

(v) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:

(A) Public lands within Glacier Bay National Park are closed to all taking of wildlife for subsistence uses;

(B) Unit 1A—in the Hyder area, the Salmon River drainage downstream from the Riverside Mine, excluding the Thumb Creek drainage, is closed to the taking of bear;

(C) Unit 1B—the Anan Creek drainage within one mile of Anan Creek downstream from the mouth of Anan Lake, including the area within a one mile radius from the mouth of Anan Creek Lagoon, is closed to the taking of bear;

(D) Unit 1C:

(

1

) You may not hunt within one-fourth mile of Mendenhall Lake, the U.S. Forest Service Mendenhall Glacier Visitor's Center, and the Center's parking area;

(

2

) You may not take mountain goat in the area of Mt. Bullard bounded by the Mendenhall Glacier, Nugget Creek from its mouth to its confluence with Goat Creek, and a line from the mouth of Goat Creek north to the Mendenhall Glacier;

(vi) You may not trap furbearers for subsistence uses in Unit 1C, Juneau area, on the following public lands:

(A) A strip within one-quarter mile of the mainland coast between the end of Thane Road and the end of Glacier Highway at Echo Cove;

(B) That area of the Mendenhall Valley bounded on the south by the Glacier Highway, on the west by the Mendenhall Loop Road and Montana Creek Road and Spur Road to Mendenhall Lake, on the north by Mendenhall Lake, and on the east by the Mendenhall Loop Road and Forest Service Glacier Spur Road to the Forest Service Visitor Center;

(C) That area within the U.S. Forest Service Mendenhall Glacier Recreation Area;

(D) A strip within one-quarter mile of the following trails as designated on U.S. Geological Survey maps: Herbert Glacier Trail, Windfall Lake Trail, Peterson Lake Trail, Spaulding Meadows Trail (including the loop trail), Nugget Creek Trail, Outer Point Trail, Dan Moller Trail, Perseverance Trail, Granite Creek Trail, Mt. Roberts Trail and Nelson Water Supply Trail, Sheep Creek Trail, and Point Bishop Trail;

(vii) Unit-specific regulations:

(A) You may hunt black bear with bait in Units 1A, 1B, and 1D between April 15 and June 15;

(B) You may not shoot ungulates, bear, wolves, or wolverine from a boat, unless you are certified as disabled.

Harvest limits

Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear

Sept. 1-June 30.

Brown Bear: 1 bear every four regulatory years by State registration permit only

Sept. 15-Dec. 31.

Mar. 15-May 31.

Deer:

Unit 1A-4 antlered deer

Aug. 1-Dec. 31.

Unit 1B-2 antlered deer

Aug. 1-Dec. 31.

Unit 1C-4 deer; however, antlerless deer may be taken only from Sept. 15—Dec. 31

Aug. 1-Dec. 31.

Goat:

Unit 1A—Revillagigedo Island only

No open season.

Unit 1B—that portion north of LeConte Bay. 1 goat by State registration permit only; the taking of kids or nannies accompanied by kids is prohibited

Aug. 1-Dec. 31.

Unit 1A and 1B, that portion on the Cleveland Peninsula south of the divide between Yes Bay and Santa Anna Inlet

No open season.

Unit 1A and 1B—remainder—2 goats; a State registration permit will be required for the taking of the first goat and a Federal registration permit for the taking of a second goat. The taking of kids or nannies accompanied by kids is prohibited

Aug. 1-Dec. 31.

Unit 1C—that portion draining into Lynn Canal and Stephens Passage between Antler River and Eagle Glacier and River, and all drainages of the Chilkat Range south of the Endicott River—1 goat by State registration permit only

Oct. 1-Nov. 30.

Unit 1C—that portion draining into Stephens Passage and Taku Inlet between Eagle Glacier and River and Taku Glacier

No open season.

Unit 1C—remainder—1 goat by State registration permit only

Aug. 1-Nov. 30.

Unit 1D—that portion lying north of the Katzehin River and northeast of the Haines highway—1 goat by State registration permit only

Sept. 15-Nov. 30.

Unit 1D—that portion lying between Taiya Inlet and River and the White Pass and Yukon Railroad

No open season.

Unit 1D—remainder—1 goat by State registration permit only

Aug. 1-Dec. 31.

Moose:

Unit 1A-1 antlered bull by Federal registration permit

Sept. 5-Oct. 15.

Unit 1B-1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler, by State registration permit only

Sept. 15-Oct. 15.

Unit 1C—that portion south of Point Hobart including all Port Houghton drainages—1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler, by State registration permit only

Sept. 15-Oct. 15.

Unit 1C—remainder, excluding drainages of Berners Bay—1 antlered bull by State registration permit only

Sept. 15-Oct. 15.

Unit 1D.

No open season.

Coyote: 2 coyotes

Sept. 1-Apr. 30.

Fox, Red (including Cross, Black, and Silver Phases): 2 foxes

Nov. 1-Feb. 15.

Hare (Snowshoe): 5 hares per day

Sept. 1-Apr. 30.

Lynx: 2 lynx

Dec. 1-Feb. 15.

Wolf: 5 wolves

Aug. 1-Apr. 30.

Wolverine: 1 wolverine

Nov. 10-Feb. 15.

Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession

Aug. 1-May 15.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 1-May 15.

Trapping

Beaver: Unit 1A, B, and C—No limit

Dec. 1-May 15.

Coyote: No limit

Dec. 1-Feb. 15.

Fox, Red (including Cross, Black, and Silver Phases): No limit

Dec. 1-Feb. 15.

Lynx: No limit

Dec. 1-Feb. 15.

Marten: No limit

Dec. 1-Feb. 15.

Mink and Weasel: No limit

Dec. 1-Feb. 15.

Muskrat: No limit

Dec. 1-Feb. 15.

Otter: No limit

Dec. 1-Feb. 15.

Wolf: No limit

Nov. 10-Apr. 30.

Wolverine: No limit

Nov. 10-Apr. 30.

(2)

Unit 2.

Unit 2 consists of Prince of Wales Island and all islands west of the center lines of Clarence Strait and Kashevarof Passage, south and east of the center lines of Sumner Strait, and east of the longitude of the westernmost point on Warren Island.

(i) Unit-specific regulations:

(A) You may use bait to hunt black bear between April 15 and June 15;

(B) You may not shoot ungulates, bear, wolves, or wolverine from a boat, unless you are certified as disabled.

(ii) [Reserved]

Harvest limits

Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear

Sept. 1-June 30.

Deer:

5 deer; however, no more than one may be an antlerless deer. Antlerless deer may be taken only during the period Oct. 15-Dec. 31. You are required to report all harvests using a joint Federal/State harvest report. The Forest Supervisor is authorized to reduce the harvest to 4 deer based on conservation concerns, in consultation with ADF&G and the Chair of the Southeast Alaska Subsistence Regional Advisory Council

July 24-Dec. 31.

The Federal public lands on Prince of Wales Island, excluding the southeast portion (lands south of the West Arm of Cholmondeley Sound draining into Cholmondeley Sound or draining eastward into Clarence Strait), are closed to hunting of deer from Aug. 1 to Aug. 15, except by Federally-qualified subsistence users hunting under these regulations

Coyote: 2 coyotes

Sept. 1-Apr. 30.

Fox, Red (including Cross, Black, and Silver Phases): 2 foxes

Nov. 1-Feb. 15.

Hare (Snowshoe): 5 hares per day

Sept. 1-Apr. 30.

Lynx: 2 lynx

Dec. 1-Feb. 15.

Wolf: 5 wolves. The Forest Supervisor (or designee) may close the Federal hunting and trapping season in consultation with ADF&G and the Chair of the Southeast Alaska Subsistence Regional Advisory Council, when the combined Federal-State harvest quota is reached

Sept. 1-Mar. 31.

Wolverine: 1 wolverine

Nov. 10-Feb. 15.

Grouse (Spruce and Ruffed): 5 per day, 10 in possession

Aug. 1-May 15.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 1-May 15.

Trapping

Beaver: No limit

Dec. 1-May 15.

Coyote: No limit

Dec. 1-Feb. 15.

Fox, Red (including Cross, Black, and Silver Phases): No limit

Dec. 1-Feb. 15.

Lynx: No limit

Dec. 1-Feb. 15.

Marten: No limit

Dec. 1-Feb. 15.

Mink and Weasel: No limit

Dec. 1-Feb. 15.

Muskrat: No limit

Dec. 1-Feb. 15.

Otter: No limit

Dec. 1-Feb. 15.

Wolf: No limit

Nov. 15-Mar. 15.

Wolverine: No limit

Nov. 10-Apr. 30.

(3)

Unit 3.

(i) Unit 3 consists of all islands west of Unit 1B, north of Unit 2, south of the center line of Frederick Sound, and east of the center line of Chatham Strait including Coronation, Kuiu, Kupreanof, Mitkof, Zarembo, Kashevarof, Woronkofski, Etolin, Wrangell, and Deer Islands.

(ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:

(A) In the Petersburg vicinity, you may not take ungulates, bear, wolves, and wolverine along a strip one-fourth mile wide on each side of the Mitkof Highway from Milepost 0 to Crystal Lake campground;

(B) You may not take black bears in the Petersburg Creek drainage on Kupreanof Island;

(C) You may not hunt in the Blind Slough draining into Wrangell Narrows and a strip one-fourth mile wide on each side of Blind Slough, from the hunting closure markers at the southernmost portion of Blind Island to the hunting closure markers one mile south of the Blind Slough bridge.

(iii) Unit-specific regulations:

(A) You may use bait to hunt black bear between April 15 and June 15;

(B) You may not shoot ungulates, bear, wolves, or wolverine from a boat, unless you are certified as disabled.

Harvest limits

Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear

Sept. 1-June 30.

Deer:

Unit 3—Mitkof, Woewodski, and Butterworth Islands—1 antlered deer

Oct. 15-Oct. 31.

Unit 3—remainder—2 antlered deer

Aug. 1-Nov. 30.

Moose: 1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler by State registration permit only

Sept. 15-Oct. 15.

Coyote: 2 coyotes

Sept. 1-Apr. 30.

Fox, Red (including Cross, Black, and Silver Phases): 2 foxes

Nov. 1-Feb. 15.

Hare (Snowshoe): 5 hares per day

Sept. 1-Apr. 30.

Lynx: 2 lynx

Dec. 1-Feb. 15.

Wolf: 5 wolves

Aug. 1-Apr. 30.

Wolverine: 1 wolverine

Nov. 10-Feb. 15.

Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession

Aug. 1-May 15.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 1-May 15.

Trapping

Beaver:

Unit 3—Mitkof Island—No limit

Dec. 1-Apr. 15.

Unit 3—except Mitkof Island—No limit

Dec. 1-May 15.

Coyote: No limit

Dec. 1-Feb. 15.

Fox, Red (including Cross, Black, and Silver Phases): No limit

Dec. 1-Feb. 15.

Lynx: No limit

Dec. 1-Feb. 15.

Marten: No limit

Dec. 1-Feb. 15.

Mink and Weasel: No limit

Dec. 1-Feb. 15.

Muskrat: No limit

Dec. 1-Feb. 15.

Otter: No limit

Dec. 1-Feb. 15.

Wolf: No limit

Nov. 10-Apr. 30.

Wolverine: No limit

Nov. 10-Apr. 30.

(4)

Unit 4.

(i) Unit 4 consists of all islands south and west of Unit 1C and north of Unit 3 including Admiralty, Baranof, Chichagof, Yakobi, Inian, Lemesurier, and Pleasant Islands.

(ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:

(A) You may not take brown bears in the Seymour Canal Closed Area (Admiralty Island) including all drainages into northwestern Seymour Canal between Staunch Point and the southernmost tip of the unnamed peninsula separating Swan Cove and King Salmon Bay including Swan and Windfall Islands;

(B) You may not take brown bears in the Salt Lake Closed Area (Admiralty Island) including all lands within one-fourth mile of Salt Lake above Klutchman Rock at the head of Mitchell Bay;

(C) You may not take brown bears in the Port Althorp Closed Area (Chichagof Island), that area within the Port Althorp watershed south of a line from Point Lucan to Salt Chuck Point (Trap Rock);

(D) You may not use any motorized land vehicle for brown bear hunting in the Northeast Chichagof Controlled Use Area (NECCUA) consisting of all portions of Unit 4 on Chichagof Island north of Tenakee Inlet and east of the drainage divide from the northwest point of Gull Cove to Port Frederick Portage, including all drainages into Port Frederick and Mud Bay.

(iii) Unit-specific regulations:

(A) You may shoot ungulates from a boat. You may not shoot bear, wolves, or wolverine from a boat, unless you are certified as disabled;

(B) Five Federal registration permits will be issued by the Sitka or Hoonah District Ranger for the taking of brown bear for educational purposes associated with teaching customary and traditional subsistence harvest and use practices. Any bear taken under an educational permit does not count in an individual's one bear every four regulatory years limit.

Harvest limits

Open season

Hunting

Brown Bear:

Unit 4—Chichagof Island south and west of a line that follows the crest of the island from Rock Point (58° N. lat., 136° 21′ W. long.) to Rodgers Point (57° 35′ N. lat., 135° 33′ W. long.) including Yakobi and other adjacent islands; Baranof Island south and west of a line which follows the crest of the island from Nismeni Point (57° 34′ N. lat., 135° 25′ W. long.) to the entrance of Gut Bay (56° 44′ N. lat. 134° 38′ W. long.) including the drainages into Gut Bay and including Kruzof and other adjacent islands—1 bear every four regulatory years by State registration permit only

Sept. 15-Dec. 31.

Mar. 15-May 31.

Unit 4—remainder—1 bear every four regulatory years by State registration permit only

Sept. 15-Dec. 31.

Mar. 15-May 20.

Deer: 6 deer; however, antlerless deer may be taken only from Sept. 15-Jan. 31

Aug. 1-Jan. 31.

Goat: 1 goat by State registration permit only

Aug. 1-Dec. 31.

Coyote: 2 coyotes.

Sept. 1-Apr. 30.

Fox, Red (including Cross, Black, and Silver Phases): 2 foxes

Nov. 1-Feb. 15.

Hare (Snowshoe): 5 hares per day

Sept. 1-Apr. 30.

Lynx: 2 lynx

Dec. 1-Feb. 15.

Wolf: 5 wolves

Aug. 1-Apr. 30.

Wolverine: 1 wolverine

Nov. 10-Feb. 15.

Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession

Aug. 1-May 15.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 1-May 15.

Trapping

Beaver:

Unit 4—that portion east of Chatham Strait—No limit

Dec. 1-May 15.

Remainder of Unit 4

No open season.

Coyote: No limit

Dec. 1-Feb. 15.

Fox, Red (including Cross, Black, and Silver Phases): No limit

Dec. 1-Feb. 15.

Lynx: No limit

Dec. 1-Feb. 15.

Marten: No limit

Dec. 1-Feb. 15.

Mink and Weasel: No limit

Dec. 1-Feb. 15.

Muskrat: No limit

Dec. 1-Feb. 15.

Otter: No limit.

Dec. 1-Feb. 15.

Wolf: No limit

Nov. 10-Apr. 30.

Wolverine: No limit

Nov. 10-Apr. 30.

(5)

Unit 5.

(i) Unit 5 consists of all Gulf of Alaska drainages and islands between Cape Fairweather and the center line of Icy Bay, including the Guyot Hills:

(A) Unit 5A consists of all drainages east of Yakutat Bay, Disenchantment Bay, and the eastern edge of Hubbard Glacier, and includes the islands of Yakutat and Disenchantment Bays;

(B) Unit 5B consists of the remainder of Unit 5.

(ii) You may not take wildlife for subsistence uses on public lands within Glacier Bay National Park.

(iii) Unit-specific regulations:

(A) You may use bait to hunt black bear between April 15 and June 15;

(B)You may not shoot ungulates, bears, wolves, or wolverine from a boat, unless you are certified as disabled;

(C) You may hunt brown bear in Unit 5 with a Federal registration permit in lieu of a State metal locking tag; if you have obtained a Federal registration permit prior to hunting.

Harvest limits

Open season

Hunting

Black Bear: 2 bears, no more than one may be a blue or glacier bear

Sept. 1-June 30.

Brown Bear: 1 bear by Federal registration permit only

Sept. 1-May 31.

Deer:

Unit 5A-1 buck

Nov. 1-Nov. 30.

Unit 5B

No open season.

Goat:

Unit 5A—that area between the Hubbard Glacier and the West Nunatak Glacier on the north and east sides of Nunatak Fjord—1 goat by Federal registration permit. The Yakutat District Ranger and ADF&G will jointly announce the harvest quota prior to the season. A minimum of two goats in the harvest quota will be reserved for Federally qualified subsistence users. The season will be closed by local announcement from the Yakutat District Ranger when the quota has been taken. The harvest quota and season announcements will be made in consultation with NPS and local residents

Aug. 1-Jan. 31.

Unit 5A—remainder—1 goat by Federal registration permit. The Yakutat District Ranger and ADF&G will jointly announce the harvest quota prior to the season. A minimum of four goats in the harvest quota will be reserved for Federally qualified subsistence users. The season will be closed by local announcement when the quota has been taken. The harvest quota and season announcements will be made in consultation with NPS and local residents

Aug. 1-Jan. 31.

Unit 5B-1 goat by Federal registration permit only

Aug. 1-Jan. 31.

Moose:

Unit 5A, Nunatak Bench—1 moose by State registration permit only. The season will be closed when 5 moose have been taken from the Nunatak Bench

Nov. 15-Feb. 15.

Unit 5A, except Nunatak Bench—1 bull by joint State/Federal registration permit only. The season will be closed when 60 bulls have been taken from the Unit. The season will be closed in that portion west of the Dangerous River when 30 bulls have been taken in that area. From Oct. 8-Oct. 21, public lands will be closed to taking of moose, except by residents of Unit 5A hunting under these regulations

Oct. 8-Nov. 15.

Unit 5B-1 antlered bull by State registration permit only. The season will be closed when 25 antlered bulls have been taken from the entirety of Unit 5B

Sept. 1-Dec. 15.

Coyote: 2 coyotes

Sept. 1-Apr. 30.

Fox, Red (including Cross, Black and Silver Phases): 2 foxes

Nov. 1-Feb. 15.

Hare (Snowshoe): 5 hares per day

Sept. 1-Apr. 30.

Lynx: 2 lynx

Dec. 1-Feb. 15.

Wolf: 5 wolves

Aug. 1-Apr. 30.

Wolverine: 1 wolverine

Nov. 10-Feb. 15.

Grouse (Spruce and Ruffed): 5 per day, 10 in possession

Aug. 1-May 15.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 1-May 15.

Trapping

Beaver: No limit

Nov. 10-May 15.

Coyote: No limit

Dec. 1-Feb. 15.

Fox, Red (including Cross, Black and Silver Phases): No limit

Dec. 1-Feb. 15.

Lynx: No limit

Dec. 1-Feb. 15.

Marten: No limit

Nov. 10-Feb. 15.

Mink and Weasel: No limit

Nov. 10-Feb. 15.

Muskrat: No limit

Dec. 1-Feb. 15.

Otter: No limit

Nov. 10-Feb. 15.

Wolf: No limit

Nov. 10-Apr. 30.

Wolverine: No limit

Nov. 10-Apr. 30.

(6)

Unit 6.

(i) Unit 6 consists of all Gulf of Alaska and Prince William Sound drainages from the center line of Icy Bay (excluding the Guyot Hills) to Cape Fairfield including Kayak, Hinchinbrook, Montague, and adjacent islands, and Middleton Island, but excluding the Copper River drainage upstream from Miles Glacier, and excluding the Nellie Juan and Kings River drainages:

(A) Unit 6A consists of Gulf of Alaska drainages east of Palm Point near Katalla including Kanak, Wingham, and Kayak Islands;

(B) Unit 6B consists of Gulf of Alaska and Copper River Basin drainages west of Palm Point near Katalla, east of the west bank of the Copper River, and east of a line from Flag Point to Cottonwood Point;

(C) Unit 6C consists of drainages west of the west bank of the Copper River, and west of a line from Flag Point to Cottonwood Point, and drainages east of the east bank of Rude River and drainages into the eastern shore of Nelson Bay and Orca Inlet;

(D) Unit 6D consists of the remainder of Unit 6.

(ii) For the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:

(A) You may not take mountain goat in the Goat Mountain goat observation area, which consists of that portion of Unit 6B bounded on the north by Miles Lake and Miles Glacier, on the south and east by Pleasant Valley River and Pleasant Glacier, and on the west by the Copper River;

(B) You may not take mountain goat in the Heney Range goat observation area, which consists of that portion of Unit 6C south of the Copper River Highway and west of the Eyak River.

(iii) Unit-specific regulations:

(A) You may use bait to hunt black bear between April 15 and June 15;

(B) You may take coyotes in Units 6B and 6C with the aid of artificial lights;

(C) One permit will be issued by the Cordova District Ranger to the Native Village of Eyak to take one bull moose from Federal lands in Units 6B or C for their annual Memorial/Sobriety Day potlatch;

(D) A Federally-qualified subsistence user (recipient) who is either blind, 65 years of age or older, at least 70 percent disabled, or temporarily disabled may designate another Federally-qualified subsistence user to take any moose, deer, black bear and beaver on his or her behalf in Unit 6, unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than one harvest limit in his or her possession at any one time;

(E) A hunter younger than 10 years old at the start of the hunt may not be issued a Federal subsistence permit to harvest black bear, deer, goat, moose, wolf, and wolverine;

(F) A hunter younger than 10 years old may harvest black bear, deer, goat, moose, wolf, and wolverine under the direct, immediate supervision of a licensed adult, at least 18 years old. The animal taken is counted against the adult's harvest limit. The adult is responsible for ensuring that all legal requirements are met.

Harvest limits

Open season

Hunting

Black Bear: 1 bear

Sept. 1-June 30.

Deer: 4 deer; however, antlerless deer may be taken only from Oct. 1-Dec. 31

Aug. 1-Dec. 31.

Goats:

Unit 6A and B—1 goat by State registration permit only

Aug. 20-Jan. 31.

Unit 6C

No open season.

Unit 6D (subareas RG242, RG243, RG244, RG249, RG266 and RG252 only)—1 goat by Federal registration permit only. In each of the Unit 6D subareas, goat seasons will be closed by the Cordova District Ranger when harvest limits for that subarea are reached. Harvest quotas are as follows: RG242—2 goats, RG243—4 goats, RG244—2 goats, RG249—4 goats, RG266—4 goats, RG252—1 goat

Aug. 20-Jan. 31.

Moose:

Unit 6C-1 cow by Federal registration permit only

Sept. 1-Oct. 31.

Unit 6C-1 bull by Federal registration permit only

Sept. 1-Dec. 31.

(In Unit 6C, only one moose permit may be issued per household. A household receiving a State permit for Unit 6C moose may not receive a Federal permit. The annual harvest quota will be announced by the U.S. Forest Service, Cordova Office, in consultation with ADF&G. The Federal harvest allocation will be 100% of the cow permits and 75% of the bull permits.)

Unit 6—remainder

No open season.

Beaver: 1 beaver per day, 1 in possession

May 1-Oct. 31.

Coyote:

Unit 6A and D—2 coyotes

Sept. 1-Apr. 30.

Unit 6B and 6C—No limit

July 1-June 30.

Fox, Red (including Cross, Black and Silver Phases)

No open season.

Hare (Snowshoe): no limit

July 1-June 30.

Lynx: 2 lynx

Nov. 10-Feb. 28.

Wolf: 5 wolves

Aug. 10-Apr. 30.

Wolverine: 1 wolverine

Sept. 1-Mar. 31.

Grouse (Spruce): 5 per day, 10 in possession

Aug. 1-May 15.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 1-May 15.

Trapping

Beaver: No limit

Dec. 1-Apr. 30.

Coyote:

Unit 6C—south of the Copper River Highway and east of the Heney Range—No limit

Nov. 10-Apr. 30.

Unit 6A, B, C remainder, and D—No limit

Nov. 10-Mar. 31.

Fox, Red (including Cross, Black and Silver Phases): No limit

Nov. 10-Feb. 28.

Marten: No limit

Nov. 10-Feb. 28.

Mink and Weasel: No limit

Nov. 10-Jan. 31.

Muskrat: No limit

Nov. 10-June 10.

Otter: No limit

Nov. 10-Mar. 31.

Wolf: No limit

Nov. 10-Mar. 31.

Wolverine: No limit

Nov. 10-Feb. 28.

(7)

Unit 7.

(i) Unit 7 consists of Gulf of Alaska drainages between Gore Point and Cape Fairfield including the Nellie Juan and Kings River drainages, and including the Kenai River drainage upstream from the Russian River, the drainages into the south side of Turnagain Arm west of and including the Portage Creek drainage, and east of 150° W. long., and all Kenai Peninsula drainages east of 150° W. long., from Turnagain Arm to the Kenai River.

(ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:

(A) You may not take wildlife for subsistence uses in the Kenai Fjords National Park;

(B) You may not hunt in the Portage Glacier Closed Area in Unit 7, which consists of Portage Creek drainages between the Anchorage-Seward Railroad and Placer Creek in Bear Valley, Portage Lake, the mouth of Byron Creek, Glacier Creek, and Byron Glacier; however, you may hunt grouse, ptarmigan, hares, and squirrels with shotguns after September 1.

(iii) Unit-specific regulations:

(A) You may use bait to hunt black bear between April 15 and June 15; except in the drainages of Resurrection Creek and its tributaries.

(B) [Reserved]

Harvest limits

Open season

Hunting

Black Bear: Unit 7—3 bears

July 1-June 30.

Moose:

Unit 7—that portion draining into Kings Bay—Public lands are closed to the taking of moose by all users

No open season.

Unit 7—remainder

No open season.

Beaver: 1 beaver per day, 1 in possession

May 1-Oct. 10.

Coyote: No limit

Sept. 1-Apr. 30.

Fox, Red (including Cross, Black and Silver Phases): 2 foxes

Nov. 1-Feb. 15.

Hare (Snowshoe): No limit

July 1-June 30.

Lynx: 2 lynx

Nov. 10-Jan. 31.

Wolf:

Unit 7—that portion within the Kenai National Wildlife Refuge—2 wolves

Aug. 10-Apr. 30.

Unit 7—Remainder—5 wolves

Aug. 10-Apr. 30.

Wolverine: 1 wolverine

Sept. 1-Mar. 31.

Grouse (Spruce): 10 per day, 20 in possession

Aug. 10-Mar. 31.

Grouse (Ruffed)

No open season.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 10-Mar. 31.

Trapping

Beaver: 20 beaver per season

Nov. 10-Mar. 31.

Coyote: No limit

Nov. 10-Mar. 31.

Fox, Red (including Cross, Black and Silver Phases): No limit

Nov. 10-Feb. 28.

Marten: No limit

Nov. 10-Jan. 31.

Mink and Weasel: No limit

Nov. 10-Jan. 31.

Muskrat: No limit

Nov. 10-May 15.

Otter: No limit

Nov. 10-Feb. 28.

Wolf: No limit

Nov. 10-Mar. 31.

Wolverine: No limit

Nov. 10-Feb. 28.

(8)

Unit 8.

Unit 8 consists of all islands southeast of the centerline of Shelikof Strait including Kodiak, Afognak, Whale, Raspberry, Shuyak, Spruce, Marmot, Sitkalidak, Amook, Uganik, and Chirikof Islands, the Trinity Islands, the Semidi Islands, and other adjacent islands.

(i) If you have a trapping license, you may take beaver with a firearm in Unit 8 from Nov. 10-Apr. 30.

(ii) [Reserved]

Harvest limits

Open season

Hunting

Brown Bear: 1 bear by Federal registration permit only. Up to 1 permit may be issued in Akhiok; up to 1 permit may be issued in Karluk; up to 3 permits may be issued in Larsen Bay; up to 2 permits may be issued in Old Harbor; up to 2 permits may be issued in Ouzinkie; and up to 2 permits may be issued in Port Lions. Permits will be issued by the Kodiak Refuge Manager

Dec. 1-Dec. 15.

Apr. 1-May 15.

Deer: Unit 8—all lands within the Kodiak Archipelago within the Kodiak National Wildlife Refuge, including lands on Kodiak, Ban, Uganik, and Afognak Islands—3 deer; however, antlerless deer may be taken only from Oct. 1-Jan. 31

Aug. 1-Jan. 31.

Elk: Kodiak, Ban, Uganik, and Afognak Islands—1 elk per household by Federal registration permit only. The season will be closed by announcement of the Refuge Manager, Kodiak National Wildlife Refuge when the combined Federal/State harvest reaches 15% of the herd

Sept. 15-Nov. 30.

Fox, Red (including Cross, Black and Silver Phases): 2 foxes

Sept. 1-Feb. 15.

Hare (Snowshoe): No limit

July 1-June 30.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 10-Apr. 30.

Trapping

Beaver: 30 beaver per season

Nov. 10-Apr. 30.

Fox, Red (including Cross, Black and Silver Phases): No limit

Nov. 10-Mar. 31.

Marten: No limit

Nov. 10-Jan. 31.

Mink and Weasel: No limit

Nov. 10-Jan. 31.

Muskrat: No limit

Nov. 10-June 10.

Otter: No limit

Nov. 10-Jan. 31.

(9)

Unit 9

. (i) Unit 9 consists of the Alaska Peninsula and adjacent islands, including drainages east of False Pass, Pacific Ocean drainages west of and excluding the Redoubt Creek drainage; drainages into the south side of Bristol Bay, drainages into the north side of Bristol Bay east of Etolin Point, and including the Sanak and Shumagin Islands:

(A) Unit 9A consists of that portion of Unit 9 draining into Shelikof Strait and Cook Inlet between the southern boundary of Unit 16 (Redoubt Creek) and the northern boundary of Katmai National Park and Preserve;

(B) Unit 9B consists of the Kvichak River drainage except those lands drained by the Kvichak River/Bay between the Alagnak River drainage and the Naknek River drainage;

(C) Unit 9C consists of the Alagnak (Branch) River drainage, the Naknek River drainage, lands drained by the Kvichak River/Bay between the Alagnak River drainage and the Naknek River drainage, and all land and water within Katmai National Park and Preserve;

(D) Unit 9D consists of all Alaska Peninsula drainages west of a line from the southernmost head of Port Moller to the head of American Bay, including the Shumagin Islands and other islands of Unit 9 west of the Shumagin Islands;

(E) Unit 9E consists of the remainder of Unit 9.

(ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:

(A) You may not take wildlife for subsistence uses in Katmai National Park;

(B) You may not use motorized vehicles, except aircraft, boats, or snowmobiles used for hunting and transporting a hunter or harvested animal parts from Aug. 1 through Nov. 30 in the Naknek Controlled Use Area, which includes all of Unit 9C within the Naknek River drainage upstream from and including the King Salmon Creek drainage; however, you may use a motorized vehicle on the Naknek-King Salmon, Lake Camp, and Rapids Camp roads and on the King Salmon Creek trail, and on frozen surfaces of the Naknek River and Big Creek.

(iii) Unit-specific regulations:

(A) If you have a trapping license, you may use a firearm to take beaver in Unit 9B from April 1 through May 31 and in the remainder of Unit 9 from April 1 through April 30;

(B) You may hunt brown bear by State registration permit in lieu of a resident tag in Unit 9B, except that portion within the Lake Clark National Park and Preserve, if you have obtained a State registration permit prior to hunting.

(C) In Unit 9B, Lake Clark National Park and Preserve, residents of Nondalton, Iliamna, Newhalen, Pedro Bay, and Port Alsworth may hunt brown bear by Federal registration permit in lieu of a resident tag; ten permits will be available with at least one permit issued in each community; however, no more than five permits will be issued in a single community. The season will be closed when four females or ten bears

have been taken, whichever occurs first. The permits will be issued and closure announcements made by the Superintendent Lake Clark National Park and Preserve;

(D) Residents of Newhalen, Nondalton, Iliamna, Pedro Bay, and Port Alsworth may take up to a total of 10 bull moose in Unit 9B for ceremonial purposes, under the terms of a Federal registration permit from July 1 through June 30. Permits will be issued to individuals only at the request of a local organization. This 10-moose limit is not cumulative with that permitted for potlatches by the State;

(E) For Units 9C and 9E only, a Federally-qualified subsistence user (recipient) of Units 9C and 9E may designate another Federally-qualified subsistence user of Units 9C and 9E to take bull caribou on his or her behalf unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report and turn over all meat to the recipient. There is no restriction on the number of possession limits the designated hunter may have in his/her possession at any one time;

(F) For Unit 9D, a Federally-qualified subsistence user (recipient) may designate another Federally-qualified subsistence user to take caribou on his or her behalf unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than four harvest limits in his/her possession at any one time;

(G) The communities of False Pass, King Cove, Cold Bay, Sand Point, and Nelson Lagoon annually may each take, from October 1 through December 31 or May 10 through May 25, one brown bear for ceremonial purposes, under the terms of a Federal registration permit. A permit will be issued to an individual only at the request of a local organization. The brown bear may be taken from either Unit 9D or Unit 10 (Unimak Island) only;

(H) You may hunt brown bear in Unit 9E with a Federal registration permit in lieu of a State locking tag if you have obtained a Federal registration permit prior to hunting.

Harvest limits

Open season

Hunting

Black Bear: 3 bears

July 1-June 30.

Brown Bear:

Unit 9B—Lake Clark National Park and Preserve—Rural residents of Nondalton, Iliamna, Newhalen, Pedro Bay, and Port Alsworth only—1 bear by Federal registration permit only

July 1-June 30.

Unit 9B, remainder—1 bear by State registration permit only

Sept. 1-May 31.

Unit 9E—1 bear by Federal registration permit

Sept. 25-Dec. 31.

Apr. 15-May 25.

Caribou:

Unit 9A—4 caribou; however, no more than 2 caribou may be taken Aug. 10-Sept. 30 and no more than 1 caribou may be taken Oct. 1-Nov. 30

Aug. 10-Mar. 31.

Unit 9B—5 caribou; however, no more than 1 bull may be taken from July 1-Nov. 30

July 1-Apr. 15.

Unit 9C, that portion within the Alagnak River drainage—1 caribou

Aug. 1-Mar. 31.

Unit 9C, remainder—Federal public lands are closed to the taking of caribou

Unit 9D—2 bulls by Federal registration permit

Aug. 1-Sept. 30.

Unit 9E—Federal public lands are closed to the taking of caribou

Nov. 15-Mar. 31.

Sheep:

Unit 9B, that portion within Lake Clark National Park and Preserve—1 ram with

3/4

curl or larger horn by Federal registration permit only. By announcement of the Lake Clark National Park and Preserve Superintendent, the summer/fall season will be closed when up to 5 sheep are taken and the winter season will be closed when up to 2 sheep are taken

July 15-Oct. 15.

Jan. 1-Apr. 1.

Unit 9B, remainder—1 ram with

7/8

curl or larger horn by Federal registration permit only

Aug. 10-Oct. 10.

Unit 9, remainder—1 ram with

7/8

curl or larger horn

Aug. 10-Sept. 20.

Moose:

Unit 9A—1 bull

Sept. 1-Sept. 15.

Unit 9B—1 bull

Aug. 20-Sept. 15.

Dec. 1-Jan. 15.

Unit 9C—that portion draining into the Naknek River from the north—1 bull

Sept. 1-Sept. 15.

Dec. 1-Dec. 31.

Unit 9C—that portion draining into the Naknek River from the south—1 bull by Federal registration permit only. Public lands are closed during December for the hunting of moose, except by Federally qualified users hunting under these regulations

Aug. 20-Sept. 15.

Dec. 1-Dec. 31.

Unit 9C—remainder—1 bull

Sept. 1-Sept. 15.

Dec. 15-Jan. 15.

Unit 9D—1 bull by Federal registration permit. Federal public lands will be closed by announcement of the Izembek Refuge Manager to the harvest of moose when a total of 10 bulls have been harvested between State and Federal hunts

Dec. 15-Jan. 20.

Unit 9E—1 bull

Aug. 20-Sept. 20.

Dec. 1-Jan. 20.

Beaver: Unit 9B and 9E—2 beaver per day

Apr. 15-May 31.

Coyote: 2 coyotes

Sept. 1-Apr. 30.

Fox, Arctic (Blue and White): No limit

Dec. 1-Mar. 15.

Fox, Red (including Cross, Black and Silver Phases): 2 foxes

Sept. 1-Feb. 15.

Hare (Snowshoe and Tundra): No limit

July 1-June 30.

Lynx: 2 lynx

Nov. 10-Feb. 28.

Wolf: 10 wolves

Aug. 10-Apr. 30.

Wolverine: 1 wolverine

Sept. 1-Mar. 31.

Grouse (Spruce): 15 per day, 30 in possession

Aug. 10-Apr. 30.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 10-Apr. 30.

Trapping

Beaver:

No limit

Oct. 10-Mar. 31.

2 beaver per day; only firearms may be used

Apr. 15-May 31.

Coyote: No limit

Nov. 10-Mar. 31.

Fox, Arctic (Blue and White): No limit

Nov. 10-Feb. 28.

Fox, Red (including Cross, Black and Silver Phases): No limit

Nov. 10-Feb. 28.

Lynx: No limit

Nov. 10-Feb. 28.

Marten: No limit

Nov. 10-Feb. 28.

Mink and Weasel: No limit

Nov. 10-Feb. 28.

Muskrat: No limit

Nov. 10-June 10.

Otter: No limit

Nov. 10-Mar. 31.

Wolf: No limit

Nov. 10-Mar. 31.

Wolverine: No limit

Nov. 10-Feb. 28.

(10)

Unit 10.

(i) Unit 10 consists of the Aleutian Islands, Unimak Island, and the Pribilof Islands.

(ii) You may not take any wildlife species for subsistence uses on Otter Island in the Pribilof Islands.

(iii) In Unit 10-Unimak Island only, a Federally-qualified subsistence user (recipient) may designate another Federally-qualified subsistence user to take caribou on his or her behalf unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than four harvest limits in his/her possession at any one time.

(iv) The communities of False Pass, King Cove, Cold Bay, Sand Point, and Nelson Lagoon annually may each take, from October 1 through December 31 or May 10 through May 25, one brown bear for ceremonial purposes, under the terms of a Federal registration permit. A permit will be issued to an individual only at the request of a local organization. The brown bear may be taken from either Unit 9D or Unit 10 (Unimak Island) only.

Harvest limits

Open season

Hunting

Caribou:

Unit 10—Unimak Island only—4 caribou by Federal registration permit only

Aug. 1-Sept. 30. Nov. 15-Mar. 31.

Unit 10—remainder—No limit

July 1-June 30.

Coyote: 2 coyotes

Sept. 1-Apr. 30.

Fox, Arctic (Blue and White Phase): No limit

July 1-June 30.

Fox, Red (including Cross, Black and Silver Phases): 2 foxes

Sept. 1-Feb. 15.

Wolf: 5 wolves

Aug. 10-Apr. 30.

Wolverine: 1 wolverine

Sept. 1-Mar. 31.

Ptarmigan (Rock and Willow): 20 per day, 40 in possession

Aug. 10-Apr. 30.

Trapping

Coyote: 2 coyotes

Sept. 1-Apr. 30.

Fox, Arctic (Blue and White Phase): No limit

July 1-June 30.

Fox, Red (including Cross, Black and Silver Phases): 2 foxes

Sept. 1-Feb. 28.

Mink and Weasel: No limit.

Nov. 10-Feb. 28.

Muskrat: No limit

Nov. 10-June 10.

Otter: No limit

Nov. 10-Mar. 31.

Wolf: No limit

Nov. 10-Mar. 31.

Wolverine: No limit

Nov. 10-Feb. 28.

(11)

Unit 11.

Unit 11 consists of that area draining into the headwaters of the Copper River south of Suslota Creek and the area drained by all tributaries into the east bank of the Copper River between the confluence of Suslota Creek with the Slana River and Miles Glacier.

(i) Unit-specific regulations:

(A) You may use bait to hunt black bear between April 15 and June 15;

(B) One moose without calf may be taken from June 20-July 31 in the Wrangell-St. Elias National Park and Preserve in Unit 11 or 12 for the Batzulnetas Culture Camp. Two hunters from either Chistochina or Mentasta Village may be designated by the Mt. Sanford Tribal Consortium to receive the Federal subsistence harvest permit. The permit may be obtained from a Wrangell-St. Elias National Park and Preserve office.

(ii) A joint permit may be issued to a pair of a minor and an elder to hunt sheep during the Sept. 21 through Oct. 20 hunt. The following conditions apply:

(A) The permittees must be a minor aged 8 to 15 years old and an accompanying adult 60 years of age or older;

(B) Both the elder and the minor must be Federally qualified subsistence users with a positive customary and traditional use determination for the area they want to hunt;

(C) The minor must hunt under the direct immediate supervision of the accompanying adult, who is responsible for ensuring that all legal requirements are met;

(D) Only one animal may be harvested with this permit. The sheep harvested will count against the harvest limits of

both the minor and accompanying adult.

Harvest limits

Open season

Hunting

Black Bear: 3 bears

July 1-June 30.

Brown Bear: 1 bear

Aug. 10-June 15.

Caribou

No open season.

Sheep:

1 sheep

Aug. 10-Sept. 20.

1 sheep by Federal registration permit only by persons 60 years of age or older

Sept. 21-Oct. 20.

Goat: Unit 11—that portion within the Wrangell-St. Elias National Park and Preserve—1 goat by Federal registration permit only. Federal public lands will be closed by announcement of the Superintendent, Wrangell-St. Elias National Park and Preserve to the harvest of goats when a total of 45 goats have been harvested between Federal and State hunts

Aug. 25-Dec. 31.

Moose: 1 antlered bull by Federal registration permit only

Aug. 20-Sept. 20.

Beaver: 1 beaver per day, 1 in possession

June 1-Oct. 10.

Coyote: 10 coyotes

Aug. 10-Apr. 30.

Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1

Sept. 1-Mar. 15.

Hare (Snowshoe): No limit

July 1-June 30.

Lynx: 2 lynx

Nov. 10-Feb. 28.

Wolf: 10 wolves

Aug. 10-Apr. 30.

Wolverine: 1 wolverine

Sept. 1-Jan. 31.

Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession

Aug. 10-Mar. 31.

Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession

Aug. 10-Mar. 31.

Trapping

Beaver: 30 beaver per season

Nov. 10-Apr. 30.

Coyote: No limit

Nov. 10-Mar. 31.

Fox, Red (including Cross, Black and Silver Phases): No limit

Nov. 10-Feb. 28.

Lynx: No limit

Dec. 1-Feb. 15.

Marten: No limit

Nov. 10-Feb. 28.

Mink and Weasel: No limit

Nov. 10-Feb. 28.

Muskrat: No limit

Nov. 10-June 10.

Otter: No limit

Nov. 10-Mar. 31.

Wolf: No limit

Nov. 10-Mar. 31.

Wolverine: No limit

Nov. 10-Jan. 31.

(12)

Unit 12.

Unit 12 consists of the Tanana River drainage upstream from the Robertson River, including all drainages into the east bank of the Robertson River, and the White River drainage in Alaska, but excluding the Ladue River drainage.

(i) Unit-specific regulations:

(A) You may use bait to hunt black bear between April 15 and June 30; you may use

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Subsistence Management Regulations for Public Lands in Alaska; 2006-2007 Subsistence Taking of Fish and Wildlife Regulations · 71 FR 37642 | Frix