Subsistence Management Regulations for Public Lands in Alaska, Subparts C & D; Board Determinations and Subsistence Taking of Fish and Wildlife Regulations; Correcting Amendments

Federal RegisterFeb 24, 1995

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DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AB43

Subsistence Management Regulations for Public Lands in Alaska,

Subparts C & D; Board Determinations and Subsistence Taking of Fish and

Wildlife Regulations; Correcting Amendments

AGENCY: Forest Service, USDA; Fish and Wildlife Service, Interior.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: These corrections amend the Subsistence Management Regulations

for Public Lands in Alaska, published in the Federal Register on May

29, 1992, and June 3, 1994, implementing the subsistence priority for

rural residents of Alaska under Title VIII of the Alaska National

Interest Lands Conservation Act (ANILCA) of 1980. These corrections

will allow rural Alaska residents to continue to harvest fish and

wildlife resources on Federal public lands.

EFFECTIVE DATE: Effective July 1, 1994.

FOR FURTHER INFORMATION CONTACT:

Richard S. Pospahala, Office of Subsistence Management, U.S. Fish and

Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska 99503;

telephone (907) 786-3447. For questions specific to National Forest

System lands, contact Norman Howse, Assistant Director, Subsistence,

USDA--Forest Service, Alaska Region, P.O. Box 21628, Juneau, Alaska

99802; telephone (907) 586-8890.

SUPPLEMENTARY INFORMATION:

Background

Title VIII of the Alaska National Interest Lands Conservation Act

(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the

Interior and the Secretary of Agriculture (Secretaries) implement a

joint program to grant a preference for subsistence uses of fish and

wildlife resources on public lands, unless the State of Alaska enacts

and implements laws of general applicability which are consistent with

ANILCA, and which provide for the subsistence definition, preference,

and participation specified in Sections 803, 804, and 805 of ANILCA.

The State implemented a program that the Department of the Interior

previously found to be consistent with ANILCA. However, in December

1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska

that the rural preference in the State subsistence statute violated the

Alaska Constitution. The court's ruling in McDowell required the State

to delete the rural preference from the subsistence statute, and

therefore, negated State compliance with ANILCA. The Court stayed the

effect of the decision until July 1, 1990.

As a result of the McDowell decision, the Department of the

Interior and the Department of Agriculture (Departments) assumed, on

July 1, 1990, responsibility for implementation of Title VIII of ANILCA

on public lands. On June 29, 1990, the Temporary Subsistence Management

Regulations for Public Lands in Alaska were published in the Federal

Register (55 FR 27114-27170). Consistent with Subparts A, B, and C of

these regulations, a Federal Subsistence Board (Board) was established

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 Area Director, U.S. Bureau of Indian

Affairs; and the Alaska Regional Forester, USDA Forest Service. Through

the Board, these agencies have participated in development of

regulations for Subparts A, B, and C, and the annual Subpart D

regulations. All Board members have reviewed these corrections and

agree with their substance. Because Subparts C and D relate to public

lands managed by an agency or agencies in both the Departments of

Agriculture and the Interior, identical correcting text will be

incorporated into 36 CFR Part 242 and 50 CFR Part 100.

Final Subpart C regulations were published on June 29, 1992, in the

Federal Register (57 FR 22957-22964) and were amended on May 27, 1994

(59 FR 27462). Proposed Subpart D regulations for the 1994-1995 seasons

and bag limits, and methods and means were published on September 2,

1993, in the Federal Register (58 FR 46678-46706). A 60-day comment

period providing for public review of the proposed Subpart D rule was

advertised by mail, radio, and newspaper. Subsequent to that 60-day

review period, the Board prepared a booklet describing all proposals

for change to [[Page 10318]] Subpart D. The public then had an

additional 60 days in which to comment on the proposals for changes to

the regulations. The Federal Subsistence Regional Advisory Councils

(Regional Councils) met in regional centers, received public comments,

and formulated recommendations to the Board on proposals for their

respective regions. The final regulations, published on June 3, 1994,

(59 FR 29032-29063) reflect Board review and consideration of Regional

Council recommendations and public comments submitted to the Board

during their April meeting. Additional Regional Council meetings were

held during October 1994, and the Board heard public testimony and

deliberated Requests for Reconsideration and Special Action in public

forum on November 14, 1994. The sections dealing with shellfish were

published on June 1, 1993, (58 FR 31252-31295) and their effective

period was revised by an interim rule published on June 27, 1994, (59

FR 32923-32925).

These correcting amendments are a result of deferred proposal from

the Board's April meeting, Requests for Reconsideration of some of the

Board's decisions in April, some requests for Special Action as a

result of resource concerns, and some administrative errors, omissions

and typographical mistakes that have been brought to our attention.

Below are summaries of each action.

Subpart C

Unit 12--Sheep--A transcription error from State records was made

in the Customary and Traditional use eligibility determination for

sheep in Unit 12. This document corrects that error.

Unit 18--Caribou--The Board acted on a request for Special Action

for a season on caribou north of the Yukon River in Unit 18.

Preliminary data indicates that a number of villages have traditionally

harvested caribou in that area. Therefore, the Board has made an

interim finding of customary and traditional use eligibility

determination for the villages of Alakanuk, Andreafsky, Emmonak,

Kotlik, Marshall, Mountain Village, Pilot Station, Pitka's Point,

Russian Mission, St. Mary's, St. Michael, Sheldon Point, and Stebbins

for caribou in Unit 18 north of the Yukon River. This action was

supported by the affected Regional Council.

Subpart D

Units 7 and 15--Black Bear--A typographic error is being corrected

identifying the Units in which sealing is required for the hide and

skull of black bears.

Unit 6(D)--Goat--A typographical error identifying a harvest area

is being corrected.

Units 6, 11-14, 16, 20 and 25(C)--Lynx--The Board acted on a

request from the Alaska Department of Fish and Game (ADF&G) to close

the trapping season for lynx in Units 6, 14 and 16, lengthen the season

in Units 11 and 13, and shorten the season in Units 12, 20 and 25(C).

This follows the Board's previous agreement to follow a harvest

tracking strategy where possible. The strategy calls for shortening or

closing trapping seasons when lynx numbers are low and lengthening or

opening seasons when lynx are abundant. The Regional Councils affected

supported this action to protect the viability of the lynx populations

in those Units.

Unit 9(C)--Caribou--The Board received a request to close Federal

lands to the non-subsistence hunting of caribou in order to ensure the

continued viability of the North Alaska Peninsula caribou herd. The

population of this herd has declined 20 percent over the last year. On

the recommendation of the Regional Council, the Board acted to close

the lands for the current regulatory year.

Unit 12--Sheep--The transcription error that was made in the

customary and traditional use eligibility determination also

incorrectly omitted a season for sheep in this Unit. This document

inserts the correct season.

Unit 18--Caribou--Upon receipt of a request for Special Action, the

Board, at its November 17, 1994, meeting deliberated the issue of

opening Unit 18 north of the Yukon River to caribou hunting. There

appears to be an influx of caribou into the area, primarily from the

Western Arctic caribou herd which currently numbers about 500,000

animals. The Board opened a season to coincide with the State season.

They also indicated that if large numbers of animals move into Unit 18,

they will further increase the harvest limit.

Unit 19(A)--Moose--This proposal was a carry-over from the April

1994 Board meeting. One of the two Regional Councils that were affected

by this 1994-95 proposal had not reviewed it prior to the April

meeting, so the Board delayed action. During the October round of

Regional Council meetings, the two Regional Councils reached consensus

and the Board passed their compromise version that established a

subarea and revised the season structure.

Unit 21(E)--Moose--This proposal was also a carry-over from the

April 1994 Board meeting. One of the two Regional Councils that were

affected by this 1994-95 proposal had not reviewed it prior to the

April meeting, so the Board delayed action. The proposal would prohibit

hunting within one-half mile of the Yukon River during the February

season. Although the two involved Regional Councils could not agree,

data indicated that harvest by residents of one region was almost

nonexistent in the affected area. The Board therefore adopted the

recommendation of the region primarily impacted and instituted the one-

half mile restriction.

Unit 26(A)--Moose--A typographic error is being corrected,

identifying a subarea of Unit 26(A).

Kodiak Area--Shellfish--The Board received a Request for

Reconsideration from the Alaska Department of Fish and Game (ADF&G) to

institute a minimum shell size on king crabs taken for subsistence

uses. A full review of the issue and a concern for the viability of the

population led the Board to close Federal waters to the non-subsistence

taking of king crab. This action was supported by the Regional Council.

Only the items described above are being changed; but for clarity,

the entire table or text section for the pertinent species in each Unit

is reproduced. The above actions were supported as indicated by the

Regional Councils in the affected areas. Notice of the Board meeting

and the subjects to be considered were widely circulated and the public

had an opportunity to comment and participate.

The Board finds that additional public notice and comment

requirements under the Administrative Procedures Act (APA) for this

extension are impracticable, unnecessary, and contrary to the public

interest. Therefore, the Board finds good cause pursuant to 5 U.S.C.

553(b)(B) to waive the public notice and comment procedures prior to

publication of this rule correction. The Board also finds good cause

under 5 U.S.C. 553(d)(3) to make this rule correction effective July 1,

1994, the effective date of the Subsistence Management Regulations for

Public Lands in Alaska.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance--A Draft Environmental

Impact Statement (DEIS) that described four alternatives for developing

a Federal Subsistence Management Program was distributed for public

comment on October 7, 1991. That document described the major issues

associated with Federal subsistence management as identified through

[[Page 10319]] public meetings, written comments and staff analysis and

examined the environmental consequences of the four alternatives.

Proposed regulations (Subparts A, B, and C) that would implement the

preferred alternative were included in the DEIS as an appendix. The

DEIS and the proposed administrative regulations presented a framework

for an annual regulatory cycle regarding subsistence hunting and

fishing regulations (Subpart D). The Final Environmental Impact

Statement (FEIS) was published on February 28, 1992.

Based on the public comment received, the analysis contained in the

FEIS, and the recommendations of the Federal Subsistence Board and the

Department of the Interior's Subsistence Policy Group, it was the

decision of the Secretary of the Interior, with the concurrence of the

Secretary of Agriculture, through the U.S. Department of Agriculture-

Forest Service, to implement Alternative IV as identified in the DEIS

and FEIS (Record of Decision on Subsistence Management for Federal

Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the

selected alternative in the FEIS defined the administrative framework

of an annual regulatory cycle for subsistence hunting and fishing

regulations. The final rule for Subsistence Management Regulations for

Public Lands in Alaska, Subparts A, B, and C (57 FR 22940-22964)

implements the Federal Subsistence Management Program and includes a

framework for an annual cycle for subsistence hunting and fishing

regulations.

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 appears in the

April 6, 1992, ROD which concluded that the Federal Subsistence

Management Program, under Alternative IV with an annual process for

setting hunting and fishing regulations, may have some local impacts on

subsistence uses, but it does not appear that the program may

significantly restrict subsistence uses.

Paperwork Reduction Act

These rules contain information collection requirements subject to

Office of Management and Budget (OMB) approval under 44 U.S.C. 3501-

3520. They apply to the use of public lands in Alaska. The information

collection requirements described above are approved by the OMB under

44 U.S.C. 3501 and have been assigned clearance number 1018-0075.

Public reporting burden for this form is estimated to average .1382

hours per response, including time for reviewing instructions,

gathering and maintaining data, and completing and reviewing the form.

Direct comments on the burden estimate or any other aspect of this form

to: Information Collection Officer, U.S. Fish and Wildlife Service,

1849 C Street, NW, MS 224 ARLSQ, Washington, DC 20240; and the Office

of Management and Budget, Paperwork Reduction Project (1018-0075),

Washington, DC 20503. Additional information collection requirements

may be imposed if Local Advisory Committees subject to the Federal

Advisory Committee Act are established under Subpart B. Such

requirements will be submitted to OMB for approval prior to their

implementation.

Economic Effects

This rule is not subject to OMB review under Executive Order 12866.

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

requires preparation of flexibility analyses for rules that will have a

significant effect on a substantial number of small entities, which

include small businesses, organizations or governmental jurisdictions.

The Departments 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. The number of small entities affected is unknown; but,

the fact that the positive effects will be seasonal in nature and will,

in most cases, merely continue preexisting uses of public lands

indicates that they will not be significant.

These regulations do not meet the threshold criteria of

``Federalism Effects'' as set forth in Executive Order 12612. 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

significant takings implication relating to any property rights as

outlined by Executive Order 12630.

Drafting Information

These regulations were drafted under the guidance of Richard S.

Pospahala, of the Office of Subsistence Management, Alaska Regional

Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional

guidance was provided by Thomas H. Boyd, Alaska State Office, Bureau of

Land Management; Lou Waller, Alaska Regional Office, National Park

Service; John Borbridge, Alaska Area Office, Bureau of Indian Affairs;

and Norman Howse, USDA-Forest Service.

List of Subjects

36 CFR Part 242

Administrative practice and procedure, Alaska, Fish, National

Forests, Public Lands, Reporting and recordkeeping requirements,

Wildlife.

50 CFR Part 100

Administrative practice and procedures, Alaska, Fish, Public Lands,

Reporting and recordkeeping requirements, Subsistence, Wildlife.

For the reasons set out in the preamble, Title 36, Part 242, and

Title 50, Part 100, of the Code of Federal Regulations, are amended 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.

2. Section __.24(a)(1) is amended in the table under ``Area,''

``Species,'' and ``Determination'' by removing the entry for ``GMU 12''

``Sheep'' and adding two new entries in its place to read as follows:

Sec. __.24 Customary and traditional use determinations.

(a) * * *

(1) * * *

[[Page 10320]]

------------------------------------------------------------------------

Area Species Determination

------------------------------------------------------------------------

* * * *

* * *

12 Tok Management area Sheep............... No subsistence.

12 Remainder.......... Sheep............... No determination.

* * * *

* * *

------------------------------------------------------------------------

* * * * *

3. Section __.24(a)(1) is amended in the table under ``Area,''

``Species,'' and ``Determination'' by removing the two entries for

``GMU 18'' ``Caribou'' and adding three new entries in their place to

read as follows:

Sec. __.24 Customary and traditional use determinations.

(a) * * *

(1) * * *

------------------------------------------------------------------------

Area Species Determination

------------------------------------------------------------------------

* * * *

* * *

18..................... Caribou (Kilbuk caribou Residents of Kwethluk.

herd only).

18 North of the Yukon Caribou (except Kilbuk Residents of Alakanuk,

River. caribou herd). Andreafsky, Emmonak,

Kotlik, Marshall,

Mountain Village,

Pilot Station,

Pitka's Point,

Russian Mission, St.

Mary's, St. Michael,

Sheldon Point, and

Stebbins.

18 Remainder.......... Caribou (except Kilbuk Residents of Kwethluk.

caribou herd).

* * * *

* * *

------------------------------------------------------------------------

* * * * *

4. Section __.25(e)(1) is revised to read as follows:

Sec. __.25 Subsistence taking of wildlife.

(e) * * *

(1) Sealing requirements for bear shall apply to brown bears taken

in all Units, except as specified below, and black bears of all color

phases taken in Units 1-7, 11-16, and 20.

* * * * *

5. Section __.25(k)(6)(iii)(B) is amended in the table under

``Hunting'' by revising the entry for Goat to read as follows:

* * * * *

(k) * * *

(6) * * *

(iii) * * *

(B) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * * * * *

Goat:

Unit 6(A), (B)--1 goat by State registration Aug. 20-Jan. 31.

permit only

Unit 6(C)................................... No open season.

Unit 6(D) (subareas RG242, RG243, RG244, Aug. 20-Jan. 31.

RG249, RG266 and RG252 only)--1 goat by

Federal registration permit only

In each of the Unit 6(D) subareas, goat

seasons will be closed when harvest limits

for that subarea are reached. Harvest

quotas are as follows: RG242--2 goats,

RG243--2 goats, RG244--2 goats, RG249--2

goats, RG266--4 goats, RG252--1 goat

Unit 6(D) (subarea RG245)--The taking of No open season.

goats is prohibited on all public lands

* * * * *............................... * * * * *

------------------------------------------------------------------------

* * * * *

6. Section __.25(k)(6)(iii)(B) is amended in the table under

``Trapping'' by revising the entry for Lynx to read as follows:

* * * * *

(k) * * *

(6) * * *

(iii) * * *

(B) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

* * * * *

Trapping:

* * * * * * * * * *

Lynx.......................................... No open season.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

7. Section __.25(k)(9)(ii)(E) is amended in the table under

``Hunting'' by revising the entry for Caribou to read as follows:

* * * * *

(k) * * *

(9) * * *

(ii) * * *

(E) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * * * * *

------------------------------------------------------------------------

[[Page 10321]]

Caribou:

Unit 9(A) and (C)--4 caribou; however, no Aug. 10-Mar. 31.

more than 2 caribou may be taken Aug. 10-

Sept. 30 and no more than 1 caribou may be

taken Oct. 1-Nov. 30. Public lands in Unit

9(C) are closed for the hunting of caribou

except by qualified rural Alaska residents

during the seasons identified above

Unit 9(B)--5 caribou; however no more than 2 Aug. 1-Apr. 15.

may be bulls

Unit 9(D)................................... No open season.

Unit 9(E)--that portion south of Seal Cape July 1-Apr. 30.

on the Pacific side of the Alaska Peninsula

divide--4 caribou; only bulls may be taken

between July 1 and Aug. 9

Remainder of Unit 9(E)--4 caribou Aug. 10-Apr. 30.

------------------------------------------------------------------------

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

8. Section ____ .25(k)(11) is amended in the table under

``Trapping'' by revising the entry for Lynx to read as follows:

* * * * *

(k) * * *

(11) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Trapping:

* * * * * * * * * *

Lynx:

No limit.................................... Dec. 1-Jan. 15.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * * *

9. Section ____ .25(k)(12) is amended in the table under

``Hunting'' by adding an entry for Sheep to read as follows:

* * * * *

(k) * * *

(12) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * * * * *

Sheep:

1 ram with full curl horn or larger Aug. 10-Sept. 20.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

10. Section ____ .25(k)(12) is amended in the table under

``Trapping'' by revising the entry for Lynx to read as follows:

* * * * *

(k) * * *

(12) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

* * * * *

Trapping:

* * * * * * * * * *

Lynx:

No limit.................................... Dec. 1-Jan. 15.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

11. Section ____ .25(k)(13)(iii) is amended in the table under

``Trapping'' by revising the entry for Lynx to read as follows:

* * * * *

(k) * * *

(13) * * *

(iii) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

* * * * *

Trapping:

* * * * * * * * * *

Lynx:

No limit.................................... Dec. 1-Jan. 15.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

12. Section ____ .25(k)(14)(iii)(B) is amended in the table under

``Trapping'' by revising the entry for Lynx to read as follows:

* * * * *

(k) * * *

(14) * * *

(iii) * * *

(B) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

* * * * *

Trapping:

* * * * * * * * * *

Lynx.......................................... No open season.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

13. Section ____ .25(k)(16) is amended in the table under

``Trapping'' by revising the entry for Lynx to read as follows:

* * * * *

(k) * * *

(16) * * *

(iii) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

* * * * * * * * * *

Trapping:

* * * * * * * * * *

Lynx.......................................... No open season.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

14. Section ______.25(k)(18)(iii) is amended in the table under

``Hunting'' by revising the entry for Caribou to read as follows:

* * * * *

(k) * * *

(18) * * *

(iii) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * * * * *

Caribou:

Unit 18--that portion south of the Yukon Dec. 15-Jan. 9.

River--Kilbuck caribou herd; rural Alaska Feb. 23-Mar. 15.

residents domiciled in Tuluksak, Akiak,

Akiachak, Kwethluk, Bethel, Oscarville,

Napaaskiak, Napakiak, Kasigiuk,

Atmauthluak, Nunapitchuk, Tuntutuliak, Eek,

Quinhagak, Goodnews Bay, Platinum, Togiak,

and Twin Hills, only. A Federal

registration permit is required. The number

of permits available for these hunts will

be determined at a later date. The taking

of caribou will be prohibited when a total

Unit harvest of 130 bulls has been reached

in either or both hunts administered by the

Board or ADF&G.

Unit 18--that portion north of the Yukon Feb. 1-Mar. 31.

River--1 caribou.

Remainder of Unit 18........................ No open season.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

15. Section ______.25(k)(19)(iii) is amended in the table under

``Hunting'' by revising the entry for Moose to read as follows:

* * * * *

(k) * * *

(19) * * *

(iii) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * * * * *

[[Page 10322]]

Moose:

Unit 19--Rural Alaska residents of Lime July 1-June 30.

Village only--No individual harvest limit,

but a village harvest quota of 40 moose

(including those taken under the State Tier

II system); either sex. Reporting will be

by a community reporting system.

Unit 19(A)--that portion north of the Sept. 1-Sept. 20.

Kuskokwim River upstream from, but not Nov. 20-Nov. 30.

including the Kolmakof River drainage and Jan. 1-Jan. 10.

south of the Kuskokwim River upstream from, Feb. 1-Feb. 10.

but not including the Holokuk River

drainage--1 moose; however, antlerless

moose may be taken only during the Feb. 1-

Feb. 10 season.

Unit 19(A)--remainder--1 bull............... Sept. 1-Sept. 20.

Nov. 20-Nov. 30.

Jan. 1-Jan. 10.

Feb. 1-Feb. 10.

Unit 19(B)--1 antlered bull................. Sept. 1-Sept. 30.

Unit 19(C)--1 antlered bull................. Sept. 1-Oct. 10.

Unit 19(D)--that portion of the Upper Sept. 1-Sept. 30.

Kuskokwim Controlled Use Area within the

North Fork drainage upstream from the

confluence of the South Fork to the mouth

of the Swift Fork--1 antlered bull.

Unit 19(D)--remainder of the Upper Kuskokwim Sept. 1-Sept. 30.

Controlled Use Area--1 bull. Dec. 1--Feb. 28.

Remainder of Unit 19(D)--1 antlered bull.... Sept. 1-Sept. 30.

Dec. 1-Dec. 15.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

16. Section ______.25(k)(20)(iii)(C) is amended in the table under

``Trapping'' by revising the entry for Lynx to read as follows:

* * * * *

(k) * * *

(20) * * *

(iii) * * *

(C) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

* * * * *

Trapping:

* * * * * * * * * *

Lynx:

No limit.................................... Dec. 1-Jan. 15.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

17. Section ____.25(k)(21)(iii)(D) is amended in the table under

``Hunting'' by revising the entry for Moose to read as follows:

* * * * *

(k) * * *

(21) * * *

(iii) * * *

(D) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * * * * *

Moose:

Unit 21(A)--1 antlered bull................. Sept. 5-Sept. 30.

Nov. 1-Nov. 30.

Unit 21 (B) and (C)--1 antlered bull........ Sept. 5-Sept. 25.

Unit 21(D)--1 moose; however, antlerless Sept. 5-Sept. 25.

moose may be taken only from Sept. 21-- Feb. 1-Feb. 5.

Sept. 25 and Feb 1--Feb. 5; moose may not

be taken within one-half mile of the Yukon

River during the February season.

Unit 21(E)--1 moose; however, only antlered Sept. 5-Sept. 25.

bulls may be taken from Sept. 5--Sept. 25; Feb. 1-Feb. 10.

moose may not be taken within one-half mile

of the Yukon River during the February

season.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

18. Section ____.25(k)(25)(iii)(b) is amended in the table under

``Trapping'' by revising the entry for Lynx to read as follows:

* * * * *

(k) * * *

(25) * * *

(iii) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

* * * * *

Trapping:

* * * * * * * * * *

Lynx:

Unit 25(C)--No limit........................ Dec. 1-Jan. 15.

Remainder of Unit 25--No limit.............. Nov. 1-Feb. 28.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

19. Section ____.25(k)(26)(iii)(B) is amended in the table under

``Hunting'' by revising the entry for Moose to read as follows:

* * * * *

(k) * * *

(26) * * *

(iii) * * *

(B) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * * * * *

Moose:

Unit 26(A)--that portion of the Colville Aug. 1-Mar. 31.

River drainage upstream from and including

the Chandler River drainage--1 moose;

however, no person may take a cow

accompanied by a calf..

Remainder of Unit 26(A)--1 moose; however, Aug. 1-Dec. 31.

no person may take a cow accompanied by a

calf..

Unit 26(B)--that portion within two miles of No open season.

the Dalton Highway.

Unit 26(B) Remainder and (C)--1 moose....... Aug. 1-Dec. 31.

* * * * * * * * * *

------------------------------------------------------------------------

* * * * *

20. Section ____.27 is amended by adding a new paragraph

(f)(3)(iv)(E) to read as follows:

Sec. ____.27 Subsistence taking of shellfish.

* * * * *

(f) * * *

(3) * * *

(iv) * * *

(E) the waters of the Pacific Ocean enclosed by the boundaries of

Womans Bay, Gibson Cove, and an area defined by a line \1/2\ mile on

either side of the mouth of the Karluk River, and extending seaward

3,000 feet, and all waters within 1,500 feet seaward of the shoreline

of Afognak Island are closed to the harvest of king crab except by

Federally-qualified rural Alaska residents;

* * * * * [[Page 10323]]

Dated: December 19, 1994.

William L. Hensley,

Chair, Federal Subsistence Board.

Dated: December 29, 1994.

Phil Janik,

Regional Forester, USDA-Forest Service.

[FR Doc. 95-4359 Filed 2-23-95; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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