Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, C, and D, Redefinition To Include Waters Subject to Subsistence Priority
Federal RegisterDec 17, 1997
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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-AD68
Subsistence Management Regulations for Public Lands in Alaska,
Subparts A, B, C, and D, Redefinition To Include Waters Subject to
Subsistence Priority
AGENCY: Forest Service, Agriculture; and Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would amend the scope and applicability of
the Federal Subsistence Management Program in Alaska 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. The amendments
being proposed also would extend the Federal Subsistence Board's
management to all Federal lands selected under the Alaska Native Claims
Settlement Act or 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 an Alaska Native
Corporation, as required by the Alaska National Interest Lands
Conservation Act (ANILCA). In addition, the amendments being proposed
would clearly specify that the Secretaries are retaining the authority
to determine when hunting, fishing or trapping activities taking place
in Alaska off the public lands interfere with the subsistence priority
on the public lands to such an extent as to result in a failure to
provide the subsistence priority and to take action to restrict or
eliminate the interference. The Departments also are proposing to
provide the Federal Subsistence Board with authority to investigate and
make recommendations to the Secretaries regarding the possible
existence of additional Federal reservations, Federal reserved water
rights or other Federal interests, including those which attach to
lands in which the United States has less than fee ownership. The
regulatory amendments being proposed would conform the Federal
subsistence management regulations to the court decree issued in State
of Alaska v. Babbitt, 72 F.3d 698 (9th Cir. 1995). The proposed rule
includes updated Customary and Traditional Use Determinations and
annual seasons and harvest limits for fisheries. This proposed
rulemaking also responds to the Petitions for Rulemaking submitted by
the Northwest Arctic Regional Council et al. on April 12, 1994, and the
Mentasta Village Council, et al. on July 15, 1993.
DATES: Written public comments on this proposed rule must be received
no later than April 20, 1998.
ADDRESSES: Comments should be sent to Chair, Federal Subsistence Board,
c/o U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office
of Subsistence Management, 1011 E. Tudor Road, Anchorage, Alaska 99503.
See Supplementary Information section for electronic filing address.
FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence
Management; telephone (907) 786-3888. For questions specific to
National Forest System lands, contact Ken Thompson, Regional
Subsistence Program Manager, USDA, Forest Service, Alaska Region, P.O.
Box 21628, Juneau, Alaska 99802-1628, telephone (907) 586-7921.
SUPPLEMENTARY INFORMATION: The Federal Subsistence Board will hold
public meetings to receive comments on this proposed rule at various
locations in Alaska. Notice of specific dates, times, and meeting
locations will be published in local and statewide newspapers prior to
the meetings. Locations and dates may need to be changed based on
weather or local circumstances.
Comments may also be submitted by sending electronic mail to:
[email protected]
Background
The Federal Subsistence Board assumed subsistence management
responsibility for public lands in Alaska in 1990, after the Alaska
Supreme Court ruled in McDowell v. State of Alaska, 785 P.2d 1 (Alaska.
1989), reh'g denied (Alaska 1990), that the rural preference contained
in the State's subsistence statute violated the Alaska Constitution.
This ruling put the State's subsistence program out of compliance with
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) and resulted in the Secretaries assuming subsistence
management on the public lands in Alaska. The ``Temporary Subsistence
Management Regulations for Public Lands in Alaska, Final Temporary
Rule'' was published in the Federal Register (55 FR 27114-27170) on
June 29, 1990. The ``Subsistence Management Regulations for Public
Lands in Alaska; Final Rule'' was published in the Federal Register (57
FR 22940-22964) on May 29, 1992.
In both cases, the rule ``generally excludes navigable waters''
from Federal subsistence management. 55 FR 27114, 27115 (1990); 57 FR
22940, 22942 (1992). In a lawsuit consolidated with Alaska v. Babbitt,
plaintiff Katie John challenged these rules, arguing that navigable
waters are properly included within the definition of ``public lands''
set out in ANILCA. At oral argument before the United States District
Court for Alaska, the United States took the position that Federal
reserved water rights which encompass the subsistence purpose are
public lands for purposes of ANILCA. The United States Court of Appeals
for the Ninth Circuit subsequently held: ``[T]he definition of public
lands includes those navigable waters in which the United States has an
interest by virtue of the reserved water rights doctrine.'' Alaska v.
Babbitt, 72 F.3d at 703-704. In the course of its decision, the Ninth
Circuit also directed: ``[T]he federal agencies that administer the
subsistence priority are responsible for identifying those waters.''
Id. at 704.
The amendments being proposed would conform the Federal subsistence
management regulations to the Ninth Circuit's ruling in Alaska v.
Babbitt. As the Ninth Circuit directed, this document identifies
Federal land units in which reserved water rights exist. These are
``public lands'' under the Ninth Circuit's decision in Alaska v.
Babbitt and thus are subject to the Federal subsistence priority in
Title VIII of ANILCA. The amendments being proposed here also provide
the Federal Subsistence Board with clear authority to administer the
subsistence priority in these waters.
On July 15, 1993, the Mentasta Village Council, Native Village of
Quinhagak, Native Village of Goodnews Bay, Alaska Federation of
Natives, Alaska Inter-tribal Council, RurAL CAP, Katie John, Doris
Charles, Louie Smith and Annie Cleveland filed a ``Petition for
Rulemaking by the Secretaries of Interior and Agriculture that
Navigable Waters and Federal Reserved Waters are `Public Lands' Subject
to Title VIII of ANILCA's Subsistence Priority.'' On April 12, 1994,
the Northwest Arctic Regional Council, Stevens Village Council,
Kawerak, Inc., Copper River Native Assoc., Alaska Federation of
Natives, Alaska Inter-tribal Council, RurAL CAP and Dinyee Corporation
filed a ``Petition for Rule-Making by the Secretaries of Interior and
Agriculture
[[Page 66217]]
that Selected But Not Conveyed Lands Are To Be Treated as Public Lands
for the Purposes of the Subsistence Priority in Title VIII of ANILCA
and that Uses on Non-Public Lands in Alaska May Be Restricted to
Protect Subsistence Uses on Public Lands in Alaska.'' A Request for
Comments on this Petition was published at 60 FR 6466 (1995). This
proposed rule also responds to both petitions for rulemaking.
The Secretaries published an Advance Notice of Proposed Rulemaking
(ANPR) (61 FR 15014) on April 4, 1996, and during May and June held ten
public hearings around Alaska to solicit comments on the Advance
Notice.
Public Review and Comment
In addition to the oral testimony received at the public hearings,
an additional 64 written comments including 1 petition representing
1,379 individuals and 1 letter submitted in behalf of 2 individuals, 6
Native organizations, and 4 local governments were received. The
comments received both in writing and during the hearings in response
to the Advance Notice provided the agencies with a sense of how the
public viewed the general jurisdictional concepts outlined in the
notice. A number of issues were raised by the public.
The Federal government should not be interfering in any
Alaska management. Previously, the Federal government managed fish and
shellfish poorly. The State should manage fishing, hunting, and
trapping throughout Alaska. The Secretaries agree that the State should
be managing the fish and wildlife resources of Alaska and will work
with the State to return management to it as soon as the State is in
compliance with Title VIII of ANILCA.
The State has failed to provide for subsistence uses; the
Federal government should take over management of all navigable waters
throughout Alaska. Federal jurisdiction should also be extended to
include all marine waters. The 9th Circuit Court has ruled that Federal
jurisdiction of subsistence fisheries management only includes those
waters in which the Federal government has reserved water rights. When
hunting, fishing, or trapping activities taking place in Alaska off of
the public lands interfere with the subsistence priority on the public
lands to such an extent as to result in a failure to provide the
subsistence priority, the Federal Subsistence Board may recommend that
Secretaries take action to restrict or eliminate the interference.
The identified waters are too extensive in scope. The
waters identified in this rulemaking comply with the court's direction
to identify those waters in which the Federal government has reserved
water rights.
Native allotments and water flowing through or past should
be included. Native allotments are small, scattered, and remote,
parcels whose boundaries are not readily identifiable on the ground.
The existence of reserved water rights would have to be determined on a
case-by-case basis. It is not practicable in the time available to
identify any Federal reserved water rights which might be associated
with individual allotments. Authority to make recommendations for
inclusion of these lands, if appropriate, may be made by the Board
under proposed Sec. ____.10(d)(xviii).
The Federal government should step in to regulate the Area
M (False Pass intercept) fishery. At the present time the Federal
government is preparing to assume jurisdiction over waters for which
the Federal government has reserved water rights. Area M waters are not
included in this jurisdiction. However, if there is interference with
the subsistence priority for fishing on public lands as a result of
activities in Area M, the proposed regulations clarify that the
Secretaries have and will retain the authority to take action.
ANILCA does not authorize the extension of Federal
jurisdiction off of Federal lands. The Federal courts have long ruled
that the Federal government may extend jurisdiction off of Federal
lands in order to protect the interests and purposes of those Federal
areas. This document clarifies that the Secretaries will retain that
authority. The Board, located in Alaska and much more familiar with the
unique situations there, will evaluate the situation and make
recommendations to the Secretaries for their action.
Congress did not intend for selected but not yet conveyed
lands to be subject to Title VIII. Section 906(o)(2) provides that
``the laws applicable to such unit'' are to apply to the Federal lands
within the unit until conveyed. Since selected lands are Federal lands,
the only question is whether ANILCA's Title VIII governing subsistence
uses is part of the body of laws ``applicable to such unit.'' This
question is easily answered in the affirmative. Each of the titles of
ANILCA that establishes or expands a conservation system unit
identifies the laws that apply to the unit. For example, new national
parks established by ANILCA ``shall be administered by the Secretary
under the laws governing the administration of such lands and under the
provisions of this Act.'' In each case, the new units established by
ANILCA are to be administered in accordance with ANILCA as well as
other applicable organic legislation. The subsistence provisions in
Title VIII are part of ANILCA and are therefore part of the body of law
applicable to the new units under ANILCA section 906(o)(2). The
statutes establishing the new units do not distinguish among the titles
of ANILCA which are applicable; they simply say that along with the
other statutes, ANILCA applies. Section 906(o)(2) applies this whole
body of law to selected but not conveyed lands.
The Federal Subsistence Board should not be granted
authority to identify additional lands for designation as public lands.
The authority to identify and include additional lands in the Federal
Subsistence Management Program remains with the Secretaries. The change
would clarify the Board's duty for identification and recommendation
and specify that any inclusion of lands in the program would remain the
authority of the Secretaries as provided under existing laws.
The ANPR violates the Alaska Statehood and Submerged Lands
Acts. Case law and subsequent legislation (e.g. Alaska Native Claims
Settlement Act, ANILCA, etc.) have modified the Statehood and Submerged
Lands Acts. This rulemaking, therefore, does not violate the Acts with
their subsequent modifications and revisions.
Some people commented that various procedural requirements
have not been fulfilled, such as complying with NEPA, the Executive
Order on Federalism, or preparing a Regulatory Flexibility Act
analysis. The preparation of an environmental assessment and an
economic analysis have been completed. The final rule will not be
promulgated prior to the completion of all procedural requirements.
Alternatives Considered in Preparing the Proposed Rule
The primary consideration in implementation of the Ninth Circuit
Court directive is the identification of inland navigable waters
considered Federal Public lands in Alaska (non-navigable waters are
currently in the Federal program). The Court directed that the Federal
Agencies responsible for administering the subsistence priority
identify those waters, which are defined as waters in which the United
States has a reserved water right. Accordingly, the responsible
agencies identified alternatives based on different interpretations of
the extent of jurisdiction associated with reserved
[[Page 66218]]
water rights. These alternatives are discussed in the Environmental
Assessment which has been prepared for this Proposed Rule. The base
case (Alternative I) is the no action alternative in which Federal
jurisdiction does not change; it is used for purposes of analysis and
is not consistent with the Court directive. Alternative II identifies a
minimal definition of jurisdiction that includes only those inland
navigable waters directly adjacent to Federal public lands. Alternative
III is a broader definition than Alternative II and includes all inland
navigable waters within the exterior boundaries of listed Parks,
Preserves, Wildlife Refuges, and other specified units managed by the
Department of the Interior and all inland navigable waters bordered by
lands owned by the Federal government within the exterior boundaries of
the two National Forests. With the exception of a few areas (National
Petroleum Reserve-Alaska, national recreation areas and wild and scenic
river corridors), navigable waters on lands managed by the Bureau of
Land Management are not included in any of these alternatives. Alaska
has a total of 196,234 miles of streams and rivers (data from the
Digital Chart of the World); under Alternative II, 80,572 miles would
be under Federal jurisdiction; and under Alternative III, 102,491 miles
would be under Federal jurisdiction.
An alternative considered but not analyzed was the extension of
Federal jurisdiction to all navigable waters in Alaska. This broad
definition of jurisdiction was advocated by the plaintiff, Katie John,
and adopted by the District Court. The court based this part of its
decision on the Federal navigational servitude. The Ninth Circuit Court
of Appeals reversed the district court's judgment on this point and
remanded the decision. The directive of the Ninth Circuit was based on
a determination that navigational servitude is not ``public land''
within the meaning of ANILCA because navigational servitude is not a
sufficient Federal interest to define public land in the context of
ANILCA. Instead, the appeals court relied upon the reserved water
rights doctrine, which holds that when the United States withdraws
lands from the public domain and reserves them for a Federal purpose,
then the United States implicitly reserves the associated,
unappropriated waters to the extent needed to accomplish the purposes
of the withdrawal. The court held that these Federal reserved waters
are a sufficient interest to constitute public lands under ANILCA.
Alternative III was chosen as the preferred alternative for this
Proposed Rule because it would fully implement the Ninth Circuit's
ruling while avoiding the serious management difficulties that would
arise from checkerboard jurisdiction over segments of rivers within
Department of Interior Conservation System Units that is contemplated
in Alternative II.
There are two issues that are common to all alternatives that were
considered: dual management and customary trade. Two underlying
premises are associated with dual management. The first is that the
Federal and State programs will cooperate in the management of
fisheries. The second premise is that a primary focus of the Federal
program will be on the existing State Fishery Management plans, which
identify parameters (harvest and escapement goals) used to make in-
season decisions. A key aspect of the Federal-State cooperation will be
the adoption of what are now the State Fishery Management plans into
the Federal program. In general, this will involve the Regional
Councils and Federal Subsistence Board in the evaluation of existing
plans, modification if necessary to adequately address and accommodate
subsistence uses, and development of new plans where necessary.
Although the Federal definition of Customary Trade was initially
drawn from the State, the current Federal and State regulations differ
in the definition and regulatory restrictions on Customary Trade. The
differences are due to changes incorporated by the State to regulations
addressing specific fisheries' issues. The proposed Federal regulations
provide additional provisions to ensure separation of commercial
markets and traditional customary trade practices. The same definition
of Customary Trade would apply to all alternatives.
Alternative I--No Action
In the base case, or No Action Alternative, the Federal government
would not extend jurisdiction to navigable waters. In this case, the
fishery allocation and harvest decisions on all navigable waters would
continue to be made by the State; the State would retain jurisdiction
over all 196,234 miles of streams and rivers in the state that are not
currently in the Federal Program (less than 1 percent of navigable
waters are currently under Federal jurisdiction). Fishery decisions by
the Federal Subsistence Board would be limited to non-navigable waters
on Federal Public Lands and those limited marine waters included in
Conservation System Units. This alternative is counter to the Ninth
Circuit's directive.
Alternative II--Limited Federal Jurisdiction
Alternative II is a restricted determination of jurisdiction. In
this case, jurisdiction would only extend to waters directly adjacent
to Federal Public lands; 80,572 miles of streams and rivers (41%) would
be under Federal subsistence jurisdiction and 115,662 (59%) would
remain under State jurisdiction. Only those navigable waters where at
least one shoreline is Federal public land would be included. Lands and
waters on selected but not yet conveyed parcels within DOI CSU's,
national conservation and recreation areas, and new national forests or
forest additions also would be included in Alternative II as well as
Alternative III.
Land status becomes paramount for determining jurisdiction and the
extent of jurisdiction could be dynamic as land ownership patterns
change. With the current pattern of land ownership within the
boundaries of CSUs managed by the Department of the Interior, Federal
Subsistence fishery management would be fragmented due to the
``checkerboard pattern'' of ``in-holdings'' within most CSUs. Navigable
waters within the boundaries of the majority of Bureau of Land
Management lands are not included.
Alternative III--Preferred Alternative
Jurisdiction in Alternative III is broader than in Alternative II
for lands managed by the Department of Interior but remains the same
for lands managed by the Department of Agriculture (Forest Service
lands). In Alternative III, all inland navigable waters within and
adjacent to exterior boundaries of DOI Conservation System Units would
be included under Federal jurisdiction. As in Alternative II, however,
navigable waters on most BLM lands would not be included. Of the
196,234 miles of rivers and streams in the State, 102,491 (52%) would
be under Federal subsistence jurisdiction and 93,743 (48%) would remain
under State jurisdiction.
Land ownership patterns are the same as discussed in Alternative
II, however, the extent of jurisdiction differs significantly. The
difference is due to the inclusion of inland waters within the outer
perimeter of DOI CSU's. The inclusion of these waters avoids the
problems associated with the checkerboard pattern of land ownership
within lands managed by the Department of the Interior. Jurisdiction on
Forest Service lands remains the same as in Alternative II. The
[[Page 66219]]
regulations proposed in this document would implement this alternative.
Economic Impacts for All Alternatives
For all three alternatives, economic impacts are expected to be
insignificant. Such impacts would only occur due to shifts in harvest
allocations between user categories (i.e. from commercial or sport
allocations to subsistence allocations). The State's existing fisheries
management program already accommodates most subsistence users. No
major new groups of users would be added as a result of federal
management. Significant shifts in allocations are not proposed or
expected under any alternative.
For Alternative I (No Action) there would be no change in
allocations and therefore no economic impacts.
For Alternative II, most subsistence fisheries that pose potential
conflicts with sport or commercial fisheries would continue under State
jurisdiction and management. The State of Alaska has exceptionally
abundant fishery resources, and subsistence harvests of salmon are
relatively low (about 1 percent of all salmon harvested statewide)
compared to other uses. Therefore, any redirection of allocations to
subsistence fisheries under Federal jurisdiction would likely be
minimal, and would not result in significant reductions to commercial
or sport fisheries. Moreover, subsistence uses would remain the highest
priority even under State management, even though State law precludes a
preference for rural residents. The practical difference between State
and Federal management in this Alternative would be minimal. Therefore,
Alternative II would not result in any significant economic impacts.
For Alternative III, Federal Subsistence jurisdiction would be more
expansive. This expansion may lead to some increases in harvest
allocations in subsistence fisheries under Federal jurisdiction. This
in turn could possibly lead to some reallocation of harvests from
commercial or sport fisheries in the future, though none are
contemplated in the current proposed rule. The potential for impacts to
commercial and sport fisheries are highest (1) where relatively large
subsistence harvests are occurring, such as the Yukon, Kuskokwim, and
Copper rivers; (2) in certain locations where a run or species of fish
are prized for their subsistence use, such as sockeye salmon in several
Southeast and Southcentral Alaska river systems or steelhead in the
Situk River; or (3) in certain locations where subsistence uses are
relatively common but access to fish is limited, such as at or near
some village sites in headwater and tributary stream systems in
Alaska's interior. In general, however, any increases in subsistence
allocations would have little, if any, effects on commercial or sport
fisheries, because fishery resources are generally abundant and
subsistence harvests are quite low (1% of salmon harvests statewide)
compared to commercial and sport harvests.
Fisheries with the greatest potential for conflict include the
Yukon, Kuskokwim, and Copper rivers. However, the Yukon and Kuskokwim
rivers both have state-appointed advisory groups in place that provide
recommendations for State management. These groups are made up of local
users and have been effective in addressing and resolving drainage-wide
issues. An important dynamic in balancing concerns between user groups
in these drainages is that the subsistence users and commercial users
are largely the same group of people (83% of the commercial permits on
the Yukon River and 98 percent on the Kuskokwim are held by local rural
residents). As an example, the current Yukon River Fall Chum Management
Plan was developed through consultation with the Yukon River Drainage
Fisheries Association. The YRDFA is made up of both commercial and
subsistence users throughout the drainage. This existing plan maintains
a subsistence priority at all escapement levels--commercial, sport, and
personal use fisheries are opened by emergency order only at higher
escapement levels, and the subsistence fishery is larger than the in-
river commercial fishery. Effective local involvement would also be
important to the Federal program, which would seek to incorporate input
from organizations such as YRDFA. A second example, the Copper River
Management Plan (5 AAC 01.249), already requires a large escapement
that provides for all upriver uses including subsistence. Generally,
subsistence needs are already being met through the subsistence and
personal use fisheries (60% of the personal use permits were held by
local, rural residents) in the Copper River. Therefore, no significant
shifts in allocations and therefore no significant economic impacts are
anticipated under Alternative III.
Federal Subsistence Regional Advisory Councils
Alaska has been divided into ten subsistence resource regions, each
of which is represented by a Federal Subsistence Regional Advisory
Council. The Regional Councils provide a forum for rural residents with
personal knowledge of local conditions and resource requirements to
have a meaningful role in the subsistence management of fish and
wildlife on Alaska public lands. The Regional Council members represent
geographical, cultural, and user diversity within each region.
The Regional Councils have a substantial role in reviewing the
proposed rule and making recommendations for the final rule.
Summary of Proposed Changes
The following sections are proposed to have major revisions:
Sec. ____ .3(b)--Text is inserted to identify scope of the Federal
Subsistence Management Program to include the waters in which the
Federal government has reserved water rights.
Sec. ____.4 ``Federal lands''--The definition is revised to conform
to the decision of the 9th Circuit Court of Appeals.
Sec. ____.4 ``Inland waters''--A new definition is inserted.
Sec. ____.4 ``Public lands or public lands''--The definition is
revised to include the selected but not yet conveyed lands located
within the boundaries of conservation system units, national recreation
areas, national conservation areas, new additions to the national
forests, and new national forests.
Sec. ____.4 ``Regulatory year''--A change in the regulatory year
for fish and shellfish is needed in order to avoid having regulations
change in the middle of a fishing season.
Sec. ____.4 ``Reserved water right(s)''--The definition is added to
conform to the decision of the 9th Circuit Court of Appeals.
Sec. ____.6--Language is inserted to clarify that the subsistence
user must possess an Alaska resident hunting or trapping license. (No
license is required for subsistence fishing.) The language in this
section is also reorganized and simplified and some of the text is
moved to Sec. ____.10(d).
Sec. ____.10(a)--Language is added clarifying the Secretaries'
existing authority to extend jurisdiction off of Federal lands to
protect subsistence uses occurring on Federal lands.
Sec. ____.10(d)(4)(xvii)--Language is added clarifying Board's
authority to evaluate situations where there is a failure to provide
the subsistence priority and make recommendations to the Secretaries
for their action.
Sec. ____.10(d)(4)(xviii)--Language is added clarifying Board's
authority to identify additional lands where Federal interests exist
and to recommend for
[[Page 66220]]
inclusion of those lands in the Federal Subsistence Management Program.
Sec. ____.10(d)(5)--Language is added to allow delegation of the
authority to open or close established harvest seasons or harvest
limits or open areas to field officials (i.e. Park Superintendents,
Refuge Managers, etc).
Sec. ____.24(a)(2)--The proposed language in this section is based
on the last Alaska Department of Fish and Game customary and
traditional use determinations that were in compliance with Title VIII
(January 1990). Additionally, proposed changes have been added to
address backlogged proposals relating to fish in the Kuskokwim and
Bristol Bay Areas and Regional Council suggestions in the Southeastern
Alaska Area. In these three areas, suggestions were made to include in
the Customary and Traditional Use Determinations positive findings for
the use of additional species by local residents.
Sec. ____.26 and .27--The proposed wording of these sections is
based on the existing State subsistence regulations with some
exceptions. The primary modifications are to:
accommodate past Federal Subsistence Board actions (making
rod and reel a legal method of subsistence harvest, allowing the 24-
hour taking of salmon in Kodiak, and restricting the method and harvest
of king crab in the Kodiak Area);
provide for ongoing customary trade practices. In this
case, the modification would recognize and legalize the common (and
previously prohibited, though unenforced) practice of selling or
trading small quantities of subsistence-taken fish by rural residents;
eliminate specific references to State ``non-subsistence
areas'' or other items clearly inconsistent with the Federal Program;
replace references to the ``Commissioner'' with ``Board';
remove Board of Fish management guidance to the Department
of Fish and Game; and,
specify a different fin to be removed from subsistence-
taken salmon in Southeast to accommodate traditional fish drying
practices in response to a request from the Southeast Regional Advisory
Council.
For the purpose of clarity and ease of understanding, the entire
text of the proposed rule for subparts A, B, and C, and sections
____.26, and ____.27 of subpart D is being printed. The unpublished
section (Section ____.25) relates to wildlife regulations that are
revised annually. Because this proposed rule relates to public lands
managed by an agency or agencies in both the Departments of Agriculture
and the Interior, identical text would be incorporated into 36 CFR Part
242 and 50 CFR Part 100.
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 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,
published May 29, 1992) implemented the Federal Subsistence Management
Program and included a framework for an annual cycle for subsistence
hunting and fishing regulations.
A preliminary environmental assessment has been prepared on the
expansion of Federal jurisdiction and is available by contacting the
office listed under ``Addresses.''
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, 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.
An evaluation of the effects of the Proposed Rule was conducted in
accordance with section 810 and it does not appear that the Proposed
Rule, if adopted as currently written, would significantly restrict
subsistence users.
Paperwork Reduction Act
This rule contains information collection requirements subject to
Office of Management and Budget (OMB) approval under the Paperwork
Reduction Act of 1995. The information collection requirements are a
revision of the collection requirements already approved by OMB under
Clearance Number 1018-0075. This revision is being submitted to OMB for
approval. A comment period through April 20, 1998, is open on these
collection requirements.
Currently, information is being collected by the use of a Federal
Subsistence Registration Permit and Designated Hunter Application. The
information collected on these two permits establishes whether an
applicant qualifies to participate in a Federal subsistence hunt on
public land in Alaska and provides a report of harvest and the location
of harvest. The collected information is necessary to determine harvest
success, harvest location, and population health in order to make
management decisions relative to the conservation of healthy wildlife
populations. Additional harvest information is obtained from harvest
reports submitted to the State of Alaska. The recordkeeping burden for
this aspect of the program is negligible (one hour or less). This
information is accessed via computer data base. The current overall
annual burden of reporting and recordkeeping is estimated to average
0.25 hours per response, including time for reviewing
[[Page 66221]]
instructions, gathering and maintaining data, and completing and
reviewing the form. The estimated number of likely respondents under
the existing rule is less than 5,000, yielding a total annual reporting
and recordkeeping burden of 1,250 hours or less.
The proposed collection of information will be achieved through the
use of a Federal Subsistence Registration Permit Application, which
would be the same form as currently approved and used for the hunting
program. This collection information will establish whether the
applicant qualifies to participate in a Federal subsistence fishery on
public land in Alaska and will provide a report of harvest and location
of harvest.
The likely respondents to this collection of information are rural
Alaska residents who wish to participate in specific subsistence
fisheries on Federal land. The collected information is necessary to
determine harvest success and harvest location in order to make
management decisions relative to the conservation of healthy fish
populations. The annual burden of reporting and recordkeeping is
estimated to average 0.50 hours per response, including time for
reviewing instructions, gathering and maintaining data, and completing
and reviewing the form. The estimated number of likely respondents
under this rule is less than 10,000, yielding a total annual reporting
and recordkeeping burden of 5,000 hours or less.
As required by OMB regulations at 5 CFR 1320.8(d)(1), public
comments are solicited as to:
a. whether the collection of information is necessary for the
proper performance of the function of the program, including whether
the information will have practical utility;
b. the accuracy of the estimate of the burden of the collection of
information, including the validity of the methodology and assumptions
used;
c. the quality, utility, and clarity of the information to be
collected; and
d. how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated
electronic, mechanical, or other forms of information technology.
Direct comments on the burden estimate or any other aspect of this
collection to: Information Collection Officer, U.S. Fish and Wildlife
Service, 1849 C Street, NW, MS 224 ARLSQ, Washington, D.C. 20240; and
the Desk Officer for the Interior Department, Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, D.C.
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 was classified as non-significant under Executive Order
12866 and was not submitted to OMB for review.
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, such as ammunition, snowmachine, and gasoline dealers.
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.
In general, the resources harvested under this rule will be
consumed by the local harvester and do not result in a dollar benefit
to the economy. However, it is estimated that 24 million pounds of fish
(including 8.3 million pounds of salmon) are harvested by the local
subsistence users annually and, if given a dollar value of $3.00 per
pound for salmon and $0.58 per pound for other fish, would equate to
about $34 million State wide.
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 takings of private property implications
as defined by Executive Order 12630.
The Departments have determined that these proposed regulations
meet the applicable standards provided in sections 3(a) and 3(b)(2) of
Executive Order 12988.
The Departments have determined and certify pursuant to the
Unfunded Mandates 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.
Drafting Information
These regulations were drafted by William Knauer under the guidance
of Thomas H. Boyd, of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional guidance was provided by Peggy Fox, Alaska State Office,
Bureau of Land Management; Sandy Rabinowitch, Alaska Regional Office,
National Park Service; Ida Hildebrand, Alaska Area Office, Bureau of
Indian Affairs; and Ken Thompson, 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 procedure, Alaska, Fish, Public lands,
Reporting and recordkeeping requirements, Wildlife.
For the reasons set out in the preamble, the Departments propose to
amend 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.
2. Revise subparts A, B, and C of 36 CFR part 242 and 50 CFR part
100 to read as follows:
Subpart A--General Provisions
Sec.
____.1 Purpose.
____.2 Authority.
____.3 Applicability and scope.
____.4 Definitions.
____.5 Eligibility for subsistence use.
____.6 Licenses, permits, harvest tickets, tags, and reports.
____.7 Restriction on use.
____.8 Penalties.
____.9 Information collection requirements.
Subpart B--Program Structure
____.10 Federal Subsistence Board.
____.11 Regional advisory councils.
[[Page 66222]]
____.12 Local advisory committees.
____.13 Board/agency relationships.
____.14 Relationship to State procedures and regulations.
____.15 Rural determination process.
____.16 Customary and traditional use determination process.
____.17 Determining priorities for subsistence uses among rural
Alaska residents.
____.18 Regulation adoption process.
____.19 Closures and other special actions.
____.20 Request for reconsideration.
____.21 [Reserved].
Subpart C--Board Determinations
____.22 Subsistence resource regions.
____.23 Rural determinations.
____.24 Customary and traditional use determinations.
Subpart A--General Provisions
Sec. ______.1 Purpose.
The regulations in this part implement the Federal Subsistence
Management Program on public lands within the State of Alaska.
Sec. ______.2 Authority.
The regulations in this part are issued pursuant to authority
designated in this part, and specifically the authority vested in the
Secretary of the Interior and Secretary of Agriculture specified in
section 814 of the Alaska National Interest Lands Conservation Act
(ANILCA), 16 U.S.C. 3124.
Sec. ______.3 Applicability and scope.
(a) The regulations in this part implement the provisions of Title
VIII of ANILCA relevant to the taking of fish and wildlife on public
lands in the State of Alaska. The regulations in this part do not
permit subsistence uses in Glacier Bay National Park, Kenai Fjords
National Park, Katmai National Park, and that portion of Denali
National Park established as Mt. McKinley National Park prior to
passage of ANILCA, where subsistence taking and uses are prohibited.
The regulations in this part do not supersede agency specific
regulations.
(b) The regulations contained in this part apply:
(1) On all public lands including all non-navigable waters located
on these lands, on all navigable and non-navigable water within the
exterior boundaries of the following areas, and on inland waters
adjacent to the exterior boundaries of the following areas:
(i) Alaska Maritime National Wildlife Refuge;
(ii) Alaska Peninsula National Wildlife Refuge;
(iii) Aniakchak National Monument and Preserve;
(iv) Arctic National Wildlife Refuge;
(v) Becharof National Wildlife Refuge;
(vi) Bering Land Bridge National Preserve;
(vii) Cape Krusenstern National Monument;
(viii) Denali National Preserve and the 1980 additions to Denali
National Park;
(ix) Gates of the Arctic National Park and Preserve;
(x) Glacier Bay National Preserve;
(xi) Innoko National Wildlife Refuge;
(xii) Izembek National Wildlife Refuge;
(xiii) Katmai National Preserve;
(xiv) Kanuti National Wildlife Refuge;
(xv) Kenai National Wildlife Refuge;
(xvi) Kobuk Valley National Park;
(xvii) Kodiak National Wildlife Refuge;
(xviii) Koyukuk National Wildlife Refuge;
(xix) Lake Clark National Park and Preserve;
(xx) National Petroleum Reserve in Alaska;
(xxi) Noatak National Preserve;
(xxii) Nowitna National Wildlife Refuge;
(xxiii) Selawik National Wildlife Refuge;
(xxiv) Steese National Conservation Area;
(xxv) Tetlin National Wildlife Refuge;
(xxvi) Togiak National Wildlife Refuge;
(xxvii) White Mountain National Recreation Area;
(xxviii) Wrangell-St. Elias National Park and Preserve;
(xxix) Yukon-Charley Rivers National Preserve;
(xxx) Yukon Delta National Wildlife Refuge;
(xxxi) Yukon Flats National Wildlife Refuge;
(xxxii) All components of the Wild and Scenic River System located
outside the boundaries of National Parks, National Preserves or
National Wildlife Refuges, including segments of the Alagnak River,
Beaver Creek, Birch Creek, Delta River, Fortymile River, Gulkana River,
and Unalakle River.
(2) On all public lands including all inland waters, located on or
bordered by other public lands, within or adjacent to the exterior
boundaries of the following reservations:
(i) Chugach National Forest;
(ii) Tongass National Forest, including Admiralty Island National
Monument and Misty Fjords National Monument.
(c) The public lands described in paragraph (b) of this section
remain subject to change through rulemaking pending a Department of the
Interior review of title and jurisdictional issues regarding certain
submerged lands beneath navigable waters in Alaska.
Sec. ______.4 Definitions.
The following definitions apply to all regulations contained in
this part:
Agency means a subunit of a cabinet level Department of the Federal
government having land management authority over the public lands
including, but not limited to, the U.S. Fish & Wildlife Service, Bureau
of Indian Affairs, Bureau of Land Management, National Park Service,
and USDA Forest Service.
ANILCA means the Alaska National Interest Lands Conservation Act,
Pub. L. 96-487, 94 Stat. 2371, (December 2, 1980) (codified, as
amended, in scattered sections of 16 U.S.C. and 43 U.S.C.)
Barter means the exchange of fish or wildlife or their parts taken
for subsistence uses; for other fish, wildlife or their parts; or, for
other food or for nonedible items other than money, if the exchange is
of a limited and noncommercial nature.
Board means the Federal Subsistence Board as described in
Sec. ____.10.
Commissions means the Subsistence Resource Commissions established
pursuant to section 808 of ANILCA.
Conservation of healthy populations of fish and wildlife means the
maintenance of fish and wildlife resources and their habitats in a
condition that assures stable and continuing natural populations and
species mix of plants and animals in relation to their ecosystem,
including the recognition that local rural residents engaged in
subsistence uses may be a natural part of that ecosystem; minimizes the
likelihood of irreversible or long-term adverse effects upon such
populations and species; ensures the maximum practicable diversity of
options for the future; and recognizes that the policies and legal
authorities of the managing agencies will determine the nature and
degree of management programs affecting ecological relationships,
population dynamics, and the manipulation of the components of the
ecosystem.
Customary and traditional use means a long-established, consistent
pattern of use, incorporating beliefs and customs which have been
transmitted from generation to generation. This use plays an important
role in the economy of the community.
Customary trade means cash sale of fish and wildlife resources
regulated herein, not otherwise prohibited by Federal law or
regulation, to support personal and family needs; and does not include
trade which constitutes a significant commercial enterprise.
FACA means the Federal Advisory Committee Act, Pub.L. 92-463, 86
Stat.
[[Page 66223]]
770 (October 6, 1972) (codified as amended, at 5 U.S.C. Appendix II, 1-
15).
Family means all persons related by blood, marriage or adoption, or
any person living within the household on a permanent basis.
Federal Advisory Committees or Federal Advisory Committee means the
Federal Local Advisory Committees as described in Sec. ____.12
Federal lands means lands and waters and interests therein the
title to which is in the United States, including navigable and non-
navigable waters in which the United States has reserved water rights.
Fish and wildlife means any member of the animal kingdom, including
without limitation any mammal, fish, bird (including any migratory,
nonmigratory or endangered bird for which protection is also afforded
by treaty or other international agreement), amphibian, reptile,
mollusk, crustacean, arthropod, or other invertebrate, and includes any
part, product, egg, or offspring thereof, or the carcass or part
thereof.
Game Management Unit or GMU means one of the 26 geographical areas
listed under game management units in the codified State of Alaska
hunting and trapping regulations and the Game Unit Maps of Alaska.
Inland Waters means, for the purposes of this part, those waters
located landward of the mean high tide line or the waters located
upstream of the straight line drawn from headland to headland across
the mouths of rivers or other waters as they flow into the sea. Inland
waters include, but are not limited to, lakes, reservoirs, ponds,
streams, and rivers.
Person means an individual and does not include a corporation,
company, partnership, firm, association, organization, business, trust
or society.
Public lands or public land means:
(1) Lands situated in Alaska which are Federal lands, except--
(i) Land selections of the State of Alaska which have been
tentatively approved or validly selected under the Alaska Statehood Act
and lands which have been confirmed to, validly selected by, or granted
to the Territory of Alaska or the State under any other provision of
Federal law;
(ii) Land selections of a Native Corporation made under the Alaska
Native Claims Settlement Act, 43 U.S.C. 1601 et seq., which have not
been conveyed to a Native Corporation, unless any such selection is
determined to be invalid or is relinquished; and
(iii) Lands referred to in section 19(b) of the Alaska Native
Claims Settlement Act, 43 U.S.C. 1618(b).
(2) Notwithstanding the exceptions in paragraphs (1) (i) through
(iii) in this definition, until conveyed, all Federal lands within the
boundaries of any unit of the National Park System, National Wildlife
Refuge System, National Wild and Scenic Rivers Systems, National Forest
Monument, National Recreation Area, National Conservation Area, new
National forest or forest addition shall be treated as public lands for
the purposes of the regulations in this part pursuant to section
906(o)(2) of ANILCA.
Regional Councils or Regional Council means the Regional Advisory
Councils as described in Sec. ____.11.
Regulatory year means July 1 through June 30, except for fish and
shellfish where it means March 1 through the last day of February.
Reserved water right(s) means the Federal right to use
unappropriated appurtenant water necessary to accomplish the purposes
for which a Federal reservation was established. Reserved water rights
include nonconsumptive and consumptive uses.
Resident means any person who has his or her primary, permanent
home within Alaska and whenever absent from this primary, permanent
home, has the intention of returning to it. Factors demonstrating the
location of a person's primary, permanent home may include, but are not
limited to: the address listed on an Alaska license to drive, hunt,
fish, or engage in an activity regulated by a government entity;
affidavit of person or persons who know the individual; voter
registration; location of residences owned, rented or leased; location
of stored household goods; residence of spouse, minor children or
dependents; tax documents; or whether the person claims residence in
another location for any purpose.
Rural means any community or area of Alaska determined by the Board
to qualify as such under the process described in Sec. ____.15.
Secretary means the Secretary of the Interior, except that in
reference to matters related to any unit of the National Forest System,
such term means the Secretary of Agriculture.
State means the State of Alaska.
Subsistence uses means the customary and traditional uses by rural
Alaska residents of wild, renewable resources for direct personal or
family consumption as food, shelter, fuel, clothing, tools, or
transportation; for the making and selling of handicraft articles out
of nonedible byproducts of fish and wildlife resources taken for
personal or family consumption; for barter, or sharing for personal or
family consumption; and for customary trade.
Take or taking as used with respect to fish or wildlife, means to
pursue, hunt, shoot, trap, net, capture, collect, kill, harm, or
attempt to engage in any such conduct.
Year means calendar year unless another year is specified.
Sec. ______.5 Eligibility for subsistence use.
(a) The taking of fish and wildlife on public lands for subsistence
uses is restricted to Alaskans who are residents of rural areas or
communities. Other individuals, including Alaskans who are residents of
non-rural areas or communities listed in Sec. ____.23, are prohibited
from taking fish and wildlife on public lands for subsistence uses
under the regulations in this part.
(b) Where the Board has made a customary and traditional use
determination regarding subsistence use of a specific fish stock or
wildlife population, in accordance with, and as listed in,
Sec. ____.24, only those Alaskans who are residents of rural areas or
communities so designated are eligible for subsistence taking of that
population or stock, on public lands for subsistence uses, under the
regulations in this part. All other individuals are prohibited from
taking fish or wildlife from that population under the regulations in
this part.
(c) Where customary and traditional use determinations for a fish
stock or wildlife population within a specific area have not yet been
made by the Board (e.g. ``no determination''), all Alaskans who are
residents of rural areas or communities are eligible to participate in
subsistence taking of that stock or population under the regulations in
this part.
(d) This section does not limit the authority of the National Park
Service to regulate further the eligibility of those individuals
qualified to engage in subsistence uses on National Park Service lands
in accordance with specific authority in ANILCA, and National Park
Service regulations at 36 CFR part 13.
Sec. ______.6 Licenses, permits, harvest tickets, tags, and reports.
(a) To take fish and wildlife on public lands for subsistence uses,
subsistence users must:
(1) Possess the pertinent valid Alaska resident hunting and
trapping licenses (no license required to take fish) unless Federal
licenses are required or unless otherwise provided for in subpart D of
this part;
(2) Possess and comply with the provisions of any pertinent Federal
[[Page 66224]]
permits (Federal Subsistence Registration Permit or Federal Designated
Hunter Permit) required by subpart D of this part; and
(3) Possess and comply with the provisions of any pertinent
permits, harvest tickets, or tags required by the State unless
superseded by the requirements in subpart D of this part.
(b) Individuals designated on a permit to take fish and wildlife
must have that permit in their possession during the taking and must
comply with all requirements of the permit and the regulations in this
section pertaining to validation and reporting and to regulations in
subpart D of this part pertaining to methods and means, possession and
transportation, and utilization. Licenses, permits, harvest tickets,
tags or other documents required by this section must be produced by
individuals upon the request of a State or Federal law enforcement
agent. Persons engaged in taking fish and wildlife under these
regulations must allow State or Federal law enforcement agents to
inspect any apparatus designed to be used, or capable of being used to
take fish or wildlife, or any fish or wildlife in possession.
(c) The subsistence user must validate the harvest tickets, tags,
permits, or other required documents before removing the kill from the
harvest site. Persons engaged in taking fish and wildlife under these
regulations must comply with all reporting provisions as set forth is
subpart D of this part.
(d) When a community takes fish and wildlife under a community
harvest system, the harvest activity must be reported in accordance
with regulations specified for that community in subpart D of this
part, and as required by any applicable permit conditions. Individuals
may be responsible for particular reporting requirements in the
conditions permitting a specific community's harvest. Failure to comply
with these conditions is a violation of these regulations. Community
harvests are reviewed annually under the regulations in subpart D of
this part.
(e) To make a fraudulent application for Federal or State licenses,
permits, harvest tickets or tags or intentionally file an incorrect
harvest report is prohibited.
Sec. ______.7 Restriction on use.
(a) When fish and wildlife are taken pursuant to the regulations in
this part, trade of the fish and wildlife, other than for customary
trade or barter, is prohibited.
(b) When fish and wildlife are taken pursuant to the regulations in
this part, use or trade of the fish and wildlife which constitutes a
significant commercial enterprise is prohibited.
Sec. ______.8 Penalties.
A person convicted of violating any provision of 50 CFR part 100 or
36 CFR part 242 may be punished by a fine or by imprisonment in
accordance with the penalty provisions applicable to the public land
where the violation occurred.
Sec. ______.9 Information collection requirements.
(a) The rules in this part contain information collection
requirements subject to Office of Management and Budget (OMB) approval
under 44 U.S.C. 3501-3520. They apply to fish and wildlife harvest
activities on public lands in Alaska. Subsistence users will not be
required to respond to an information collection request unless a valid
OMB number is displayed on the information collection form.
(1) Section ____.20, Request for reconsideration. The information
collection requirements contained in Sec. ____.20 provide a
standardized process to allow individuals the opportunity to appeal
decisions of the Board. Submission of a request for reconsideration is
voluntary but required to receive a final determination by the Board.
The Department of the Interior estimates that a request for
reconsideration will take 4 hours to prepare and submit.
(2) Section ______.6, Licenses, permits, harvest tickets, tags, and
reports. The information collection requirements contained in
Sec. ____.6 (Federal Subsistence Registration Permit or Federal
Designated Hunter Permit forms) provide for permit-specific subsistence
activities not authorized through the general adoption of State
regulations. Identity and location of residence are required to
determine eligibility for a harvest and report of success is required
after a harvest attempt. These requirements are not duplicative with
the requirements of paragraph (a)(3) of this section. The regulations
in Sec. ____.6 require this information before a rural Alaska resident
may engage in subsistence uses on public lands. The Department
estimates that the average time necessary to obtain and comply with
this permit information collection requirement is 0.25 hours.
(3) The remaining information collection requirements contained in
this part imposed upon subsistence uses are those adopted from State
regulations. These collection requirements would exist in the absence
of Federal subsistence regulations and are not subject to the Paperwork
Reduction Act. The burden in this situation is negligible and
information gained from these reports are systematically available to
Federal managers by routine computer access requiring less than one
hour.
(b) Direct comments on the burden estimate or any other aspect of
the burden estimate to: Information Collection Officer, U.S. Fish and
Wildlife Service, 1849 C Street, N.W., MS 224 ARLSQ, Washington, D.C.
20240; and the Desk Officer for the Interior Department, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, D.C. 20503. Additional information requirements may be
imposed if Local Advisory Committees or additional Regional Councils,
subject to the Federal Advisory Committee Act (FACA), are established
under subpart B of this part. Such requirements will be submitted to
OMB for approval prior to their implementation.
Subpart B--Program Structure
Sec. ______.10 Federal Subsistence Board.
(a) The Secretary of the Interior and Secretary of Agriculture
hereby establish a Federal Subsistence Board, and assign them
responsibility for, administering the subsistence taking and uses of
fish and wildlife on public lands, and the related promulgation and
signature authority for regulations of subparts C and D of this part.
The Secretaries, however, retain their existing authority to restrict
or eliminate hunting, fishing, or trapping activities which occur on
lands or waters in Alaska other than public lands when such activities
interfere with subsistence hunting, fishing, or trapping on the public
lands to such an extent as to result in a failure to provide the
subsistence priority.
(b) Membership. (1) The voting membership of the Board shall
consist of a Chair to be appointed by the Secretary of the Interior
with the concurrence of the Secretary of Agriculture; the Alaska
Regional Director, U.S. Fish and Wildlife Service; Alaska Regional
Director, National Park Service; Alaska Regional Forester, USDA Forest
Service; the Alaska State Director, Bureau of Land Management; and the
Alaska Area Director, Bureau of Indian Affairs. Each member of the
Board may appoint a designee.
(2) [Reserved]
(c) Liaisons to the Board shall consist of a State liaison, and the
Chairpersons of each Regional Council. The State liaison and the
Chairpersons of each
[[Page 66225]]
Regional Council may attend public sessions of all Board meetings and
be actively involved as consultants to the Board.
(d) Powers and duties. (1) Meetings shall occur at least twice per
year and at such other times as deemed necessary by the Board. Meetings
shall occur at the call of the Chair, but any member may request a
meeting.
(2) A quorum shall consist of four members.
(3) No action may be taken unless a majority of voting members are
in agreement.
(4) The Board is empowered, to the extent necessary, to implement
Title VIII of ANILCA, to:
(i) Promulgate regulations for the management of subsistence taking
and uses of fish and wildlife on public lands;
(ii) Determine which communities or areas of the State are rural or
non-rural;
(iii) Determine which rural Alaska areas or communities have
customary and traditional subsistence uses of specific fish and
wildlife populations;
(iv) Allocate subsistence uses of fish and wildlife populations on
public lands;
(v) Ensure that the taking on public lands of fish and wildlife for
nonwasteful subsistence uses shall be accorded priority over the taking
on such lands of fish and wildlife for other purposes;
(vi) Close public lands to the non-subsistence taking of fish and
wildlife;
(vii) Establish priorities for the subsistence taking of fish and
wildlife on public lands among rural Alaska residents;
(viii) Restrict or eliminate taking of fish and wildlife on public
lands;
(ix) Determine what types and forms of trade of fish and wildlife
taken for subsistence uses constitute allowable customary trade;
(x) Authorize the Regional Councils to convene;
(xi) Establish a Regional Council in each subsistence resource
region and recommend to the Secretaries, appointees to the Regional
Councils, pursuant to the FACA;
(xii) Establish Federal Advisory Committees within the subsistence
resource regions, if necessary and recommend to the Secretaries that
members of the Federal Advisory Committees be appointed from the group
of individuals nominated by rural Alaska residents;
(xiii) Establish rules and procedures for the operation of the
Board, and the Regional Councils;
(xiv) Review and respond to proposals for regulations, management
plans, policies, and other matters related to subsistence taking and
uses of fish and wildlife;
(xv) Enter into cooperative agreements or otherwise cooperate with
Federal agencies, the State, Native corporations, local governmental
entities, and other persons and organizations, including international
entities to effectuate the purposes and policies of the Federal
subsistence management program;
(xvi) Develop alternative permitting processes relating to the
subsistence taking of fish and wildlife to ensure continued
opportunities for subsistence;
(xvii) Evaluate whether hunting, fishing, or trapping activities
which occur on lands or waters in Alaska other than public lands
interfere with subsistence hunting, fishing, or trapping on the public
lands to such an extent as to result in a failure to provide the
subsistence priority, and after appropriate consultation with the State
of Alaska, the Regional Councils, and other Federal agencies, make
recommendation to the Secretaries for their action;
(xviii) Identify, in appropriate specific instances, whether there
exists additional Federal reservations, Federal reserved water rights
or other Federal interests in lands or waters, including those in which
the United States holds less than a fee ownership, to which the Federal
subsistence priority attaches, and make appropriate recommendation to
the Secretaries for inclusion of those interests within the Federal
Subsistence Management Program; and
(xix) Take other actions authorized by the Secretaries to implement
Title VIII of ANILCA.
(5) The Board may implement one or more of the following harvest
and harvest reporting or permit systems:
(i) The fish and wildlife is taken by an individual who is required
to obtain and possess pertinent State harvest permits, tickets, or
tags, or Federal permit (Federal Subsistence Registration Permit);
(ii) A qualified subsistence user may designate another qualified
subsistence user (by using the Federal Designated Hunter Permit) to
take fish and wildlife on his or her behalf;
(iii) The fish and wildlife is taken by individuals or community
representatives permitted (via a Federal Subsistence Registration
Permit) a one-time or annual harvest for special purposes including
ceremonies and potlatches; or
(iv) The fish and wildlife is taken by representatives of a
community permitted to do so in a manner consistent with the
community's customary and traditional practices.
(6) The Board may delegate to agency field officials the authority
to set harvest limits, define harvest areas, and open or close specific
fish or wildlife harvest seasons within frameworks established by the
Board.
(7) The Board shall establish a Staff Committee composed of a
member from the U.S. Fish and Wildlife Service, National Park Service,
U.S. Bureau of Land Management, Bureau of Indian Affairs, and USDA
Forest Service for analytical and administrative assistance. The U.S.
Fish and Wildlife Service representative shall serve as Chair of the
Staff Committee.
(8) The Board may establish and dissolve additional committees as
necessary for assistance.
(9) The U.S. Fish and Wildlife Service shall provide appropriate
administrative support for the Board.
(10) The Board shall authorize at least two meetings per year for
each Regional Council.
(e) Relationship to Regional Councils. (1) The Board shall consider
the reports and recommendations of the Regional Councils concerning the
taking of fish and wildlife on public lands within their respective
regions for subsistence uses. The Board may choose not to follow any
Regional Council recommendation which it determines is not supported by
substantial evidence, violates recognized principles of fish and
wildlife conservation, would be detrimental to the satisfaction of
subsistence needs, or in closure situations, for reasons of public
safety or administration or to assure the continued viability of a
particular fish or wildlife population. If a recommendation is not
adopted, the Board shall set forth the factual basis and the reasons
for the decision, in writing, in a timely fashion.
(2) The Board shall provide available and appropriate technical
assistance to the Regional Councils.
Sec. ______.11 Regional advisory councils.
(a) The Board shall establish a Regional Council for each
subsistence resource region to participate in the Federal subsistence
management program. The Regional Councils shall be established, and
conduct their activities, in accordance with the FACA. The Regional
Councils shall provide a regional forum for the collection and
expression of opinions and recommendations on matters related to
subsistence taking and uses of fish and wildlife resources on public
lands. The Regional Councils shall provide for public participation in
the Federal regulatory process.
[[Page 66226]]
(b) Establishment of Regional Councils; membership. (1) The number
of members for each Regional Council shall be established by the Board,
and shall be an odd number. A Regional Council member must be a
resident of the region in which he or she is appointed and be
knowledgeable about the region and subsistence uses of the public lands
therein. The Board shall accept nominations and recommend to the
Secretaries that representatives on the Regional Councils be appointed
from those nominated by subsistence users. Appointments to the Regional
Councils shall be made by the Secretaries.
(2) Regional Council members shall serve 3 year terms and may be
reappointed. Initial members shall be appointed with staggered terms up
to three years.
(3) The Chair of each Regional Council shall be elected by the
applicable Regional Council, from its membership, for a one year term
and may be reelected.
(c) Powers and Duties. (1) The Regional Councils are authorized to:
(i) Hold public meetings related to subsistence uses of fish and
wildlife within their respective regions, after the Chair of the Board
or the designated Federal Coordinator has called the meeting and
approved the meeting agenda;
(ii) Elect officers;
(iii) Review, evaluate, and make recommendations to the Board on
proposals for regulations, policies, management plans, and other
matters relating to the subsistence take of fish and wildlife under
these regulations within the region;
(iv) Provide a forum for the expression of opinions and
recommendations by persons interested in any matter related to the
subsistence uses of fish and wildlife within the region;
(v) Encourage local and regional participation, pursuant to the
provisions of the regulations in this part in the decisionmaking
process affecting the taking of fish and wildlife on the public lands
within the region for subsistence uses;
(vi) Prepare and submit to the Board an annual report containing--
(A) An identification of current and anticipated subsistence uses
of fish and wildlife populations within the region;
(B) An evaluation of current and anticipated subsistence needs for
fish and wildlife populations from the public lands within the region;
(C) A recommended strategy for the management of fish and wildlife
populations within the region to accommodate such subsistence uses and
needs related to the public lands; and
(D) Recommendations concerning policies, standards, guidelines, and
regulations to implement the strategy;
(vii) Appoint members to each Subsistence Resource Commission
(Commission) within their region in accordance with the requirements of
section 808 of ANILCA;
(viii) Make recommendations on determinations of customary and
traditional use of subsistence resources;
(ix) Make recommendations on determinations of rural status;
(x) Make recommendations regarding the allocation of subsistence
uses among rural Alaska residents pursuant to Sec. ______.17;
(xi) Develop proposals pertaining to the subsistence taking and use
of fish and wildlife under these regulations, and review and evaluate
such proposals submitted by other sources;
(xii) Provide recommendations on the establishment and membership
of Federal Advisory Committees.
(2) The Regional Councils shall:
(i) Operate in conformance with the provisions of FACA and comply
with rules of operation established by the Board;
(ii) Perform other duties specified by the Board.
Sec. ______.12 Local advisory committees.
(a) The Board shall establish such Federal Advisory Committees
within each region as necessary at such time that it is determined,
after notice and hearing and consultation with the State, that the
existing State fish and game advisory committees do not adequately
provide advice to, and assist, the particular Regional Council in
carrying out its function as set forth in Sec. ____.11.
(b) Federal Advisory Committees, if established by the Board, shall
operate in conformance with the provisions of the FACA, and comply with
rules of operation established by the Board.
Sec. ______.13 Board/agency relationships.
(a) General. (1) The Board, in making decisions or recommendations,
shall consider and ensure compliance with specific statutory
requirements regarding the management of resources on public lands,
recognizing that the management policies applicable to some public
lands may entail methods of resource and habitat management and
protection different from methods appropriate for other public lands.
(2) The Board shall promulgate regulations for subsistence taking
of fish and wildlife on public lands. The Board is the final
administrative authority on the promulgation of subpart C and D
regulations relating to the subsistence taking of fish and wildlife on
public lands.
(3) Nothing in the regulations in this part shall enlarge or
diminish the authority of any agency to promulgate regulations
necessary for the proper management of public lands under their
jurisdiction in accordance with ANILCA and other existing laws.
(b) Section 808 of ANILCA establishes National Park and Park
Monument Subsistence Resource Commissions. Nothing in the regulations
in this part affects the duties or authorities of these commissions.
Sec. ______.14 Relationship to State procedures and regulations.
(a) State fish and game regulations apply to public lands and such
laws are hereby adopted and made a part of the regulations in this part
to the extent they are not inconsistent with, or superseded by the
regulations in this part.
(b) The Board may close public lands to hunting and fishing, or
take actions to restrict the taking of fish and wildlife despite any
State authorization for taking fish and wildlife on public lands. The
Board may review and adopt State closures or restrictions which serve
to achieve the objectives of the regulations in this part.
(c) The Board may enter into agreements with the State in order to
coordinate respective management responsibilities.
(d) Petition for repeal of subsistence rules and regulations. (1)
The State of Alaska may petition the Secretaries for repeal of the
subsistence rules and regulations in this part when the State has
enacted and implemented subsistence management and use laws which:
(i) Are consistent with sections 803, 804, and 805 of ANILCA; and
(ii) Provide for the subsistence definition, preference, and
participation specified in sections 803, 804, and 805 of ANILCA.
(2) The State's petition shall:
(i) Be submitted to the Secretary of the Interior, U.S. Department
of the Interior, Washington, D.C. 20240, and the Secretary of
Agriculture, U.S. Department of Agriculture, Washington, D.C. 20240.
(ii) Include the entire text of applicable State legislation
indicating compliance with sections 803, 804, and 805 of ANILCA; and
(iii) Set forth all data and arguments available to the State in
support of legislative compliance with sections 803, 804, and 805 of
ANILCA.
(3) If the Secretaries find that the State's petition contains
adequate
[[Page 66227]]
justification, a rulemaking proceeding for repeal of the regulations in
this part will be initiated. If the Secretaries find that the State's
petition does not contain adequate justification, the petition will be
denied by letter or other notice, with a statement of the ground for
denial.
Sec. ______.15 Rural determination process.
(a) The Board shall determine if an area or community in Alaska is
rural. In determining whether a specific area of Alaska is rural, the
Board shall use the following guidelines:
(1) A community or area with a population of 2500 or less shall be
deemed to be rural unless such a community or area possesses
significant characteristics of a non-rural nature, or is considered to
be socially and economically a part of an urbanized area.
(2) Communities or areas with populations above 2500 but not more
than 7000 will be determined to be rural or non-rural.
(3) A community with a population of more than 7000 shall be
presumed non-rural, unless such a community or area possesses
significant characteristics of a rural nature.
(4) Population data from the most recent census conducted by the
United States Bureau of Census as updated by the Alaska Department of
Labor shall be utilized in this process.
(5) Community or area characteristics shall be considered in
evaluating a community's rural or non-rural status. The characteristics
may include, but are not limited to:
(i) Use of fish and wildlife;
(ii) Development and diversity of the economy;
(iii) Community infrastructure;
(iv) Transportation; and
(v) Educational institutions.
(6) Communities or areas which are economically, socially and
communally integrated shall be considered in the aggregate.
(b) The Board shall periodically review rural determinations. Rural
determinations shall be reviewed on a ten year cycle, commencing with
the publication of the year 2000 U.S. census. Rural determinations may
be reviewed out-of-cycle in special circumstances. Once the Board makes
a determination that a community has changed from rural to non-rural, a
waiting period of five years shall be required before the non-rural
determination becomes effective.
(c) Current determinations are listed at Sec. ____.23.
Sec. ______.16 Customary and traditional use determination process.
(a) The Board shall determine which fish stocks and wildlife
populations have been customarily and traditionally used for
subsistence. These determinations shall identify the specific
community's or area's use of specific fish stocks and wildlife
populations. For areas managed by the National Park Service, where
subsistence uses are allowed, the determinations may be made on an
individual basis.
(b) A community or area shall generally exhibit the following
factors, which exemplify customary and traditional use. The Board shall
make customary and traditional use determinations based on application
of the following factors:
(1) A long-term consistent pattern of use, excluding interruptions
beyond the control of the community or area;
(2) A pattern of use recurring in specific seasons for many years;
(3) A pattern of use consisting of methods and means of harvest
which are characterized by efficiency and economy of effort and cost,
conditioned by local characteristics;
(4) The consistent harvest and use of fish or wildlife as related
to past methods and means of taking; near, or reasonably accessible
from the community or area;
(5) A means of handling, preparing, preserving, and storing fish or
wildlife which has been traditionally used by past generations,
including consideration of alteration of past practices due to recent
technological advances, where appropriate;
(6) A pattern of use which includes the handing down of knowledge
of fishing and hunting skills, values and lore from generation to
generation;
(7) A pattern of use in which the harvest is shared or distributed
within a definable community of persons; and
(8) A pattern of use which relates to reliance upon a wide
diversity of fish and wildlife resources of the area and which provides
substantial cultural, economic, social, and nutritional elements to the
community or area.
(c) The Board shall take into consideration the reports and
recommendations of any appropriate Regional Council regarding customary
and traditional uses of subsistence resources.
(d) Current determinations are listed in Sec. ______.24.
Sec. ______.17 Determining priorities for subsistence uses among rural
Alaska residents.
(a) Whenever it is necessary to restrict the subsistence taking of
fish and wildlife on public lands in order to protect the continued
viability of such populations, or to continue subsistence uses, the
Board shall establish a priority among the rural Alaska residents after
considering any recommendation submitted by an appropriate Regional
Council.
(b) The priority shall be implemented through appropriate
limitations based on the application of the following criteria to each
area, community, or individual determined to have customary and
traditional use, as necessary:
(1) Customary and direct dependence upon the populations as the
mainstay of livelihood;
(2) Local residency; and
(3) The availability of alternative resources.
(c) If allocation on an area or community basis is not achievable,
then the Board shall allocate subsistence opportunity on an individual
basis through application of the criteria in paragraphs (b)(1) through
(3) of this section.
(d) In addressing a situation where prioritized allocation becomes
necessary, the Board shall solicit recommendations from the Regional
Council in the area affected.
Sec. ______.18 Regulation adoption process.
(a) Proposals for changes to the Federal subsistence regulations in
subpart D of this part shall be accepted by the Board according to a
published schedule, but at least once a year. The Board shall develop
and publish proposed regulations in the Federal Register and publish
notice in local newspapers. Comments on the proposed regulations in the
form of proposals shall be distributed for public review.
(1) Proposals shall be made available for at least a thirty (30)
day review by the Regional Councils. Regional Councils shall forward
their recommendations on proposals to the Board. Such proposals with
recommendations may be submitted in the time period as specified by the
Board or as a part of the Regional Council's annual report described in
Sec. ____.11, whichever is earlier.
(2) The Board shall publish notice throughout Alaska of the
availability of proposals received.
(3) The public shall have at least thirty (30) days to review and
comment on proposals.
(4) After the comment period the Board shall meet to receive public
testimony and consider the proposals. The Board shall consider
traditional use patterns when establishing harvest levels and seasons,
and methods and
[[Page 66228]]
means. The Board may choose not to follow any recommendation which the
Board determines is not supported by substantial evidence, violates
recognized principles of fish and wildlife conservation, or would be
detrimental to the satisfaction of subsistence needs. If a
recommendation approved by a Regional Council is not adopted by the
Board, the Board shall set forth the factual basis and the reasons for
their decision in writing to the Regional Council.
(5) Following consideration of the proposals the Board shall
publish final regulations pertaining to subpart D of this part in the
Federal Register.
(b) Proposals for changes to subpart C of this part shall be
accepted by the Board according to a published schedule. The Board
shall develop and publish proposed regulations in the Federal Register
and publish notice in local newspapers. Comments on the proposed
regulations in the form of proposals shall be distributed for public
review.
(1) Public and governmental proposals shall be made available for a
thirty (30) day review by the regional councils. Regional Councils
shall forward their recommendations on proposals to the Board. Such
proposals with recommendations may be submitted in the time period as
specified by the Board or as a part of the Regional Council's annual
report described in Sec. ____.11, whichever is earlier.
(2) The Board shall publish notice throughout Alaska of the
availability of proposals received.
(3) The public shall have at least thirty (30) days to review and
comment on proposals.
(4) After the comment period the Board shall meet to receive public
testimony and consider the proposals. The Board may choose not to
follow any recommendation which the Board determines is not supported
by substantial evidence, violates recognized principles of fish and
wildlife conservation, or would be detrimental to the satisfaction of
subsistence needs. If a recommendation approved by a Regional Council
is not adopted by the Board, the Board shall set forth the factual
basis and the reasons for their decision in writing to the Regional
Council.
(5) Following consideration of the proposals the Board shall
publish final regulations pertaining to subpart C of this part in the
Federal Register. A Board decision to change a community's or area's
status from rural to non-rural will not become effective until five
years after the decision has been made.
(c) [Reserved]
(d) Proposals for changes to subparts A and B of this part shall be
accepted by the Secretary of the Interior in accordance with 43 CFR
part 14.
Sec. ______.19 Closures and other special actions.
(a) The Board may make or direct restriction or closure of the
taking of fish and wildlife for non-subsistence uses on public lands
when necessary to assure the continued viability of particular fish or
wildlife population, to continue subsistence uses of a fish or wildlife
population, or for reasons of public safety or administration.
(b) After consulting with the State of Alaska, providing adequate
notice to the public, and holding at least one public hearing in the
vicinity of the affected communities, the Board may make or direct
temporary closures to subsistence uses of a particular fish or wildlife
population on public lands to assure the continued viability of a fish
or wildlife population, or for reasons of public safety or
administration. A temporary closure will not extend beyond the
regulatory year in which it is promulgated.
(c) In an emergency situation, the Board may direct immediate
closures related to subsistence or non-subsistence uses of fish and
wildlife on public lands, if necessary to assure the continued
viability of a fish or wildlife population, or for public safety
reasons. The Board shall publish notice and reasons justifying the
emergency closure in the Federal Register and in newspapers of any area
affected. The emergency closure shall be effective when directed by the
Board, may not exceed 60 days, and may not be extended unless it is
determined by the Board, after notice and hearing, that such closure
should be extended.
(d) The Board may make or direct a temporary change to open or
adjust the seasons or to increase the bag limits for subsistence uses
of fish and wildlife populations on public lands. An affected rural
resident, community, Regional Council, or administrative agency may
request a temporary change in seasons or bag limits. Prior to
implementing a temporary change, the Board shall consult with the
State, shall comply with the provisions of 5 U.S.C. 551-559
(Administrative Procedure Act or APA), and shall provide adequate
notice and opportunity to comment. The length of any temporary change
shall be confined to the minimum time period or bag limit determined by
the Board to be necessary to satisfy subsistence uses. In addition, a
temporary change may be made only after the Board determines that the
proposed temporary change will not interfere with the conservation of
healthy fish and wildlife populations. The decision of the Board shall
be the final administrative action.
(e) Regulations authorizing any individual agency to direct
temporary or emergency closures on public lands managed by the agency
remain unaffected by these regulations, which authorize the Board to
make or direct restrictions, closures, or temporary changes for
subsistence uses on public lands.
(f) Taking fish and wildlife in violation of a restriction, or
temporary change authorized by the Board is prohibited.
Sec. ______.20 Request for reconsideration.
(a) Regulations in subparts C and D of this part published in the
Federal Register are subject to requests for reconsideration.
(b) Any aggrieved person may file a request for reconsideration
with the Board.
(c) To file a request for reconsideration, the requestor must
notify the Board in writing within sixty (60) days of the effective
date or date of publication of the notice, whichever is earliest, for
which reconsideration is requested.
(d) It is the responsibility of a requestor to provide the Board
with sufficient narrative evidence and argument to show why the action
by the Board should be reconsidered. The following information must be
included in the request for reconsideration:
(1) The requestor's name, and mailing address;
(2) The action for which reconsideration is requested and the date
of Federal Register publication of that action;
(3) A detailed statement of how the requestor is adversely affected
by the action;
(4) A detailed statement of the facts of the dispute, the issues
raised by the request, and specific references to any law, regulation,
or policy that the requestor believes to be violated and the reason for
such allegation;
(5) A statement of how the requestor would like the action changed.
(e) Upon receipt of a request for reconsideration, the Board shall
transmit a copy of such request to any appropriate Regional Council for
review and recommendation. The Board shall consider any Regional
Council recommendations in making a final decision.
(f) If the request is justified, the Board shall implement a final
decision on a request for reconsideration after
[[Page 66229]]
compliance with 5 U.S.C. 551-559 (APA).
(g) If the request is denied, the decision of the Board represents
the final administrative action.
Sec. ______.21 [Reserved]
Subpart C--Board Determinations
Sec. ______.22 Subsistence resource regions.
(a) The following areas are hereby designated as subsistence
resource regions:
(1) Southeast Region;
(2) Southcentral Region;
(3) Kodiak/Aleutians Region;
(4) Bristol Bay Region;
(5) Yukon-Kuskokwim Delta Region;
(6) Western Interior Region;
(7) Seward Peninsula Region;
(8) Northwest Arctic Region;
(9) Eastern Interior Region;
(10) North Slope Region.
(b) Maps delineating the boundaries of subsistence resources
regions are available from the U.S. Fish and Wildlife Service, 1011
East Tudor Road, Anchorage, Alaska 99503.
Sec. ______.23 Rural determinations.
(a)(1) All communities and areas have been determined by the Board
to be rural in accordance with Sec. ____.15 except the following:
Adak;
Fairbanks North Star Borough;
Homer area--including Homer, Anchor Point, Kachemak City, and Fritz
Creek;
Juneau area--including Juneau, West Juneau and Douglas;
Kenai area--including Kenai, Soldotna, Sterling, Nikiski, Salamatof,
Kalifornsky, Kasilof, and Clam Gulch;
Ketchikan area--including Ketchikan City, Clover Pass, North Tongass
Highway, Ketchikan East, Mountain Pass, Herring Cove, Saxman East,
and parts of Pennock Island;
Municipality of Anchorage;
Seward area--including Seward and Moose Pass; Valdez; and
Wasilla area--including Palmer, Wasilla, Sutton, Big Lake, Houston,
and Bodenberg Butte.
(2) Maps delineating the boundaries of non-rural areas listed in
paragraph (a)(1) of this section are available from the U.S. Fish and
Wildlife Service.
(b) [Reserved]
Sec. ______.24 Customary and traditional use determinations.
(a) Rural Alaska residents of the listed communities and areas have
been determined to have customary and traditional subsistence use of
the specified species on Federal public lands in the specified areas.
When there is a determination for specific communities or areas of
residence in a Unit, all other communities not listed for that species
in that Unit have no Federal subsistence for that species in that Unit.
If no determination has been made for a species in a Unit, all rural
Alaska residents are eligible to harvest fish or wildlife under this
part.
(1) Wildlife determinations.
----------------------------------------------------------------------------------------------------------------
Area Species Determination
----------------------------------------------------------------------------------------------------------------
Unit 1(C).......................... Black Bear................. Rural residents of Unit 1(C) and Haines,
Gustavus, Klukwan, and Hoonah.
1(A)............................... Brown Bear................. Rural residents of Unit 1(A) except no
subsistence for residents of Hyder.
1(B)............................... Brown Bear................. Rural residents of Unit 1(A), Petersburg, and
Wrangell, except no subsistence for residents
of Hyder.
1(C)............................... Brown Bear................. Rural residents of Unit 1(C), Haines, Hoonah,
Klukwan, Skagway, and Wrangell, except no
subsistence for residents of Gustavus.
1(D)............................... Brown Bear................. Residents of 1(D).
1(A)............................... Deer....................... Rural residents of 1(A) and 2.
1(B)............................... Deer....................... Rural residents of Unit 1(A), residents of
1(B), 2 and 3.
1(C)............................... Deer....................... Rural residents of 1(C) and (D), and residents
of Hoonah and Gustavus.
1(D)............................... Deer....................... No Federal subsistence priority.
1(B)............................... Goat....................... Rural residents of Units 1(B) and 3.
1(C)............................... Goat....................... Residents of Haines, Klukwan, and Hoonah.
1(B)............................... Moose...................... Rural residents of Units 1, 2, 3, and 4.
1(C) Berner's Bay.................. Moose...................... No Federal subsistence priority.
1(D)............................... Moose...................... Residents of Unit 1(D).
Unit 2............................. Brown Bear................. No Federal subsistence priority.
2.................................. Deer....................... Rural residents of Unit 1(A) and residents of
Units 2 and 3.
Unit 3............................. Deer....................... Residents of Unit 1(B) and 3, and residents of
Port Alexander, Port Protection, Pt. Baker,
and Meyer's Chuck.
3, Wrangell and Mitkof Islands..... Moose...................... Rural residents of Units 1(B), 2, and 3.
Unit 4............................. Brown Bear................. Residents of Unit 4 and Kake,
4.................................. Deer....................... Residents of Unit 4 and residents of 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 5(A).
5.................................. Brown Bear................. Residents of Yakutat.
5.................................. Deer....................... Residents of Yakutat.
5.................................. Moose...................... Residents of Unit 5(A).
Unit 6(A).......................... Black Bear................. Residents of Yakutat and residents of 6(C) and
6(D), except no subsistence for Whittier.
6, Remainder....................... Black Bear................. Residents of Unit 6(C) and 6(D), except no
subsistence for Whittier.
6.................................. Brown Bear................. No Federal subsistence priority.
6(C) and (D)....................... Goat....................... Rural residents of Unit 6(C) and (D).
6.................................. Moose...................... No Federal subsistence priority.
6.................................. 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 English Bay.
[[Page 66230]]
7, that portion draining into Kings Moose...................... Residents of Chenega Bay and Tatitlek.
Bay.
7, Remainder....................... Moose...................... No Federal subsistence priority.
7.................................. Sheep...................... 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 9(D).......................... Bison...................... No Federal subsistence priority.
9(A) and (B)....................... Black Bear................. Residents of Units 9(A) and (B), and 17(A),
(B), and (C).
9(A), (C) and (D).................. Brown Bear................. No Federal subsistence priority.
9(B)............................... Brown Bear................. Residents of Unit 9(B).
9(E)............................... Brown Bear................. Residents of Chignik Lake, Egegik, Ivanof Bay,
Perryville, and Port Heiden/Meshik.
9(A) and (B)....................... Caribou.................... Residents of Units 9(B), 9(C) and 17.
9(C)............................... Caribou.................... Residents of Units 9(B), 9(C), 17 and
residents of Egegik.
9(D)............................... Caribou.................... Residents of Unit 9(D), and residents of False
Pass.
9(E)............................... Caribou.................... Residents of Units 9(B), (C), (E), 17, and
residents of Nelson Lagoon and Sand Point.
9(A), (B), (C) and (E)............. Moose...................... Residents of Unit 9(A), (B), (C) and (E).
9(D)............................... Moose...................... No Federal subsistence priority.
9(B)............................... Sheep...................... Residents of Iliamna, Newhalen, Nondalton,
Pedro Bay, and Port Alsworth.
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.
9(A), (B), (C), & (E).............. Beaver..................... Residents of Units 9(A), (B), (C), (E), and
17.
Unit 10 Unimak Island.............. Caribou.................... Residents of False Pass.
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................................. Brown Bear................. No Federal subsistence priority.
11, north of the Sanford River..... Caribou.................... Residents of Units 11, 12, and 13 (A)-(D) and
the residents of Chickaloon and Dot Lake.
11, remainder...................... Caribou.................... Residents of Units 11 and 13 (A)-(D) and the
residents of Chickaloon.
11................................. Goat....................... Residents of Unit 11 and the residents of
Chitina, Chistochina, Copper Center, Gakona,
Gulkana, Mentasta Lake, Tazlina, Tonsina, and
Dot Lake.
11, north of the Sanford River..... Moose...................... Residents of Units 11, 12, and 13 (A)-(D) and
the residents of Chickaloon and Dot Lake.
11, remainder...................... Moose...................... Residents of Unit 11 and Unit 13 (A)-(D) and
the residents of Chickaloon.
11, north of the Sanford River..... Sheep...................... Residents of Unit 12 and the communities and
areas of Chistochina, Chitina, Copper Center,
Dot Lake, Gakona, Glennallen, Gulkana, Kenny
Lake, Mentasta Lake, Slana, McCarthy/South
Wrangell/South Park, Tazlina and 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 the communities and areas of
Chisana, Chistochina, Chitina, Copper Center,
Dot Lake, Gakona, Glennallen, Gulkana, Kenny
Lake, Mentasta Lake, Slana, McCarthy/South
Wrangell/South Park, Tazlina and Tonsina;
Residents along the Tok Cuttoff--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, Residents of Units 11, 12, 13 and the
Ruffed and Sharp-tailed). residents of Chickaloon, 15, 16, 20(D), 22
and 23.
11................................. Ptarmigan (Rock, Willow and Residents of Units 11, 12, 13 and the
White-tailed). residents of Chickaloon, 15, 16, 20(D), 22
and 23.
Unit 12............................ Brown Bear................. Residents of Unit 12 and Dot Lake.
12................................. Caribou.................... Residents of Unit 12 and residents of Dot Lake
and Mentasta Lake.
12, South of a line from Noyes Moose...................... Residents of Unit 11 north of 62nd parallel
Mountain, southeast of the (excluding North Slana Homestead and South
confluence of Tatschunda Creek to Slana Homestead); and residents of Unit 12,
Nabesna River. 13 (A)-(D) and the residents of Chickaloon
and residents of Dot Lake.
12, East of the Nabesna River and Moose...................... Residents of Unit 12.
Nabesna Glacier, south of the
Winter Trail from Pickerel Lake to
the Canadian Border.
[[Page 66231]]
12, Remainder...................... Moose...................... Residents of Unit 12 and residents of Dot Lake
and Mentasta Lake.
12................................. Sheep...................... Residents of Unit 12 and residents of
Chistochina 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................. No Federal subsistence priority.
13................................. Caribou Nelchina Herd...... Residents of Units 11, 13 and the residents of
Chickaloon, and 12 (along Nabesna Road).
13(E).............................. Caribou.................... Residents of McKinley Village, and the area
along the Parks Highway between milepost 216
and 239 (except no subsistence for residents
of Denali National Park headquarters).
13(D).............................. Goat....................... No Federal subsistence priority.
13(A), (B), and (D)................ Moose...................... Residents of Unit 13 and the residents of
Chickaloon.
13(C).............................. Moose...................... Residents of Units 12, 13 and the residents of
Chickaloon and Dot Lake.
13(E).............................. Moose...................... Residents of McKinley Village, and the area
along the Parks Highway between milepost 216
and 239 (except no subsistence for residents
of Denali National Park headquarters).
13(D).............................. 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, Residents of Units 11, 13 and the residents of
Ruffed & Sharp-tailed). Chickaloon, 15, 16, 20(D), 22 & 23.
13................................. Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of
White-tailed). Chickaloon, 15, 16, 20(D), 22 & 23.
Unit 14(B) and (C)................. Brown Bear................. No Federal subsistence priority.
14................................. Goat....................... No Federal subsistence priority.
14................................. Moose...................... No Federal subsistence priority.
14(A) and (C)...................... Sheep...................... No Federal subsistence priority.
Unit 15(C)......................... 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(C), Port Graham and English Bay Goat....................... Residents of Port Graham and Nanwalek.
hunt areas.
15(C), Seldovia hunt area.......... Goat....................... Residents Seldovia area.
15................................. Moose...................... Residents of Ninilchik, Nanwalek, Port Graham,
and Seldovia.
15................................. Sheep...................... No Federal subsistence priority.
15................................. Ptarmigan (Rock, Willow and Residents of Unit 15.
White-tailed).
15................................. Grouse (Spruce)............ Residents of Unit 15.
15................................. Grouse (Ruffed)............ No Federal subsistence priority.
Unit 16............................ Brown Bear................. No Federal subsistence priority.
16(A).............................. Moose...................... No Federal subsistence priority.
16(B).............................. Moose...................... Residents of Unit 16(B).
16................................. Sheep...................... No Federal subsistence priority.
16................................. Wolf....................... Residents of Units 6, 9, 10 (Unimak Island
only), 11-13 and the residents of Chickaloon,
and 16-26.
16................................. Grouse (Spruce, Blue, Residents of Units 11, 13 and the residents of
Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22 and 23.
16................................. Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of
White-tailed). Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 17............................ Black Bear................. Residents of Units 9(A) and (B), and 17(A),
(B), and (C).
17(A).............................. Brown Bear................. Residents of Unit 17, and residents of
Goodnews Bay and Platinum.
17(A) and (B) Those portions north Brown Bear................. Residents of Kwethluk.
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.
17(B) and (C)...................... Brown Bear................. Residents of Unit 17.
17................................. Caribou.................... Residents of Units 9(B), 17 and residents of
Lime Village and Stony River.
[[Page 66232]]
17(A) and (B) Those portions north Caribou.................... Residents of Kwethluk.
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.
17(A) and (B) Those portions north Moose...................... Residents of Kwethluk.
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.
17(A).............................. Moose...................... Residents of Unit 17 and residents of Goodnews
Bay and Platinum; however, no subsistence for
residents of Akiachak, Akiak and Quinhagak.
17(B) and (C)...................... Moose...................... Residents of Unit 17, and residents of
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 9(A), (B), (C), (E), and
17.
Unit 18............................ Black Bear................. Residents of Unit 18, residents of Unit 19(A)
living downstream of the Holokuk River, and
residents of Chuathbaluk, Aniak, Lower
Kalskag, Holy Cross, Stebbins, St. Michael,
and Togiak.
18................................. Brown Bear................. Residents of Akiachak, Akiak, Eek, Goodnews
Bay, Kwethluk, Mt. Village, Napaskiak,
Platinum, Quinhagak, St. Mary's, and
Tuluksak.
18................................. Caribou (Kilbuck caribou INTERIM DETERMINATION BY FEDERAL SUBSISTENCE
herd only). BOARD (12/18/91): residents of Tuluksak,
Akiak, Akiachak, Kwethluk, Bethel,
Oscarville, Napaskiak, Napakiak, Kasigluk,
Atmanthluak, Nunapitchuk, Tuntutliak, Eek,
Quinhagak, Goodnews Bay, Platinum, Togiak,
and Twin Hills.
18, North of the Yukon River....... Caribou (except Kilbuck Residents of Alakanuk, Andreafsky, Chevak,
caribou herd). Emmonak, Hooper Bay, Kotlik, Kwethluk,
Marshall, Mountain Village, Pilot Station,
Pitka's Point, Russian Mission, St. Mary's,
St. Michael, Scammon Bay, Sheldon Point, and
Stebbins.
18, Remainder...................... Caribou (except Kilbuck Residents of Kwethluk.
caribou herd).
18, that portion of the Yukon River Moose...................... Residents of Unit 18 and residents of Upper
drainage upstream of Russian Kalskag, Lower Kalskag, Aniak, and
Mission and that portion of the Chuathbaluk.
Kuskokwim River drainage upstream
of, but not including the Tuluksak
River drainage..
18, remainder...................... Moose...................... Residents of Unit 18 and residents of 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 19(C), (D).................... Bison...................... No Federal subsistence priority.
19(A).............................. Brown Bear................. Residents of Unit 19(A), (D), and Residents of
Tuluksak, Lower Kalskag and Kwethluk.
19(B).............................. Brown Bear................. Residents of Kwethluk.
19(C).............................. Brown Bear................. No Federal subsistence priority.
19(D).............................. Brown Bear................. Residents of Unit 19(A) and (D), and residents
of Tulusak and Lower Kalskag.
19(A) and (B)...................... Caribou.................... Residents of Unit 19(A) and (B) and Kwethluk;
and residents of Unit 18 in Kuskokwim
Drainage and Kuskokwim Bay during the winter
season.
19(C).............................. Caribou.................... Residents of Unit 19(C), and residents of Lime
Village, McGrath, Nikolai, and Telida.
19(D).............................. Caribou.................... Residents of Unit 19(D), and residents of Lime
Village, Sleetmute and Stony River.
19(A) and (B)...................... Moose...................... Residents of Unit 18 within Kuskokwim River
drainage upstream from and including the
Johnson River, and Unit 19.
19(C).............................. Moose...................... Residents of Unit 19.
19(D).............................. Moose...................... Residents of Unit 19 and residents of Lake
Minchumina.
[[Page 66233]]
19................................. Wolf....................... Residents of Units 6, 9, 10 (Unimak Island
only), 11-13 and the residents of Chickaloon
and 16-26.
Unit 20(D)......................... Bison...................... No Federal subsistence priority.
20(F).............................. Black Bear................. Residents of Unit 20(F) and residents of
Stevens Village and Manley.
20(E).............................. Brown Bear................. Residents of Unit 12 and Dot Lake.
20(F).............................. Brown Bear................. Residents of Unit 20(F) and residents of
Stevens Village and Manley.
20(A), (C) (Delta, Yanert, and Caribou.................... No determination, except no subsistence for
20(C) herds) and (D). residents of households of the Denali
National Park Headquarters.
20(D) and 20(E).................... Caribou 40-Mile Herd....... Residents of Unit 12 north of Wrangell Park-
Preserve, rural residents of 20(D) and
residents of 20(E).
20(A).............................. Moose...................... Residents of Cantwell, Minto, and Nenana,
McKinley Village, the area along the Parks
Highway between mileposts 216 and 239, except
no subsistence for residents of households of
the Denali National Park Headquarters.
20(B).............................. Moose...................... Minto Flats Management Area--residents of
Minto and Nenana.
20(B).............................. Moose...................... Remainder--rural residents of Unit 20(B), and
residents of Nenana and Tanana.
20(C).............................. Moose...................... Rural residents of Unit 20(C) (except that
portion within Denali National Park and
Preserve and that portion east of the
Teklanika River), and residents of Cantwell,
Manley, Minto, Nenana, the Parks Highway from
milepost 300-309, Nikolai, Tanana, Telida,
McKinley 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.
20(D).............................. Moose...................... Rural residents of Unit 20(D) and residents of
Tanacross.
20(F).............................. Moose...................... Residents of Unit 20(F), Manley, Minto and
Stevens Village.
20(F).............................. Wolf....................... Residents of Unit 20(F) and residents of
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.
20(D).............................. Grouse (Spruce, Blue, Residents of Units 11, 13 and the residents of
Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22 and 23.
20(D).............................. Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of
White-tailed). Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 21............................ Brown Bear................. Rural residents of Unit 21 and 23.
21................................. Caribou, Western Arctic Residents of Unit 21(D) west of the Koyukuk
Caribou Herd only. and Yukon Rivers, and residents of 23 and 24.
21(A) and (E)...................... Caribou.................... Residents of Unit 21(A) and Aniak,
Chuathbaluk, Crooked Creek, Grayling, Holy
Cross, McGrath, Shageluk and Takotna.
21(A).............................. Moose...................... Residents of Unit 21(A), (E), Takotna,
McGrath, Aniak and Crooked Creek.
21(B) and (C)...................... Moose...................... Residents of Unit 21(B) and (C), residents of
Tanana and Galena.
21(D).............................. Moose...................... Residents of Unit 21(D), and residents of
Huslia and Ruby.
21(E).............................. Moose...................... Residents of Unit 21(E) and residents of
Russian Mission.
21................................. Wolf....................... Residents of Units 6, 9, 10 (Unimak Island
only), 11-13 and the residents of Chickaloon,
and 16-26.
Unit 22(A)......................... Black Bear................. Residents of Unit 22(A) and Koyuk.
22(B).............................. Black Bear................. Residents of Unit 22(B).
22(C), (D), and (E)................ Black Bear................. No Federal subsistence priority.
22................................. Brown Bear................. Residents of Unit 22
22(A).............................. Caribou.................... Residents of Unit 21(D) west of the Koyukuk
and Yukon Rivers, and residents of Units 22
(except residents of St. Lawrence Island),
23, 24, and residents of Kotlik, Emmonak,
Hooper Bay, Scammon Bay, Chevak, Marshall,
Mountain Village, Pilot Station, Pitka's
Point, Russian Mission, St. Mary's Sheldon
Point, and Alakanuk.
22, Remainder...................... Caribou.................... Residents of Unit 21(D) west of the Koyukuk
and Yukon Rivers, and residents of Units 22
(except residents of St. Lawrence Island),
23, 24.
22................................. Moose...................... Residents of Unit 22.
22(B).............................. Muskox..................... Residents of Unit 22(B).
22(C).............................. Muskox..................... Residents of Unit 22(C).
22(D).............................. Muskox..................... Residents of Unit 22(D) excluding St. Lawrence
Island.
22(E).............................. Muskox..................... Resident of Unit 22(E) excluding Little
Diomede Island.
22................................. Wolf....................... Residents of Units 23, 22, 21(D) north and
west of the Yukon River, and residents of
Kotlik.
22................................. Brouse (Spruce, Blue, Residents of Units 11, 13 and the residents of
Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22 and 23.
22................................. Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of
White-tailed). Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 23............................ Brown Bear................. Rural residents of Units 21 and 23.
23................................. Caribou.................... Residents of Unit 21(D) west of the Koyukuk
and Yukon Rivers, residents of Galena, and
residents of Units 22, 23, 24 including
residents of Wiseman but not including other
residents of the Dalton Highway Corridor
Management Area, and 26(A).
23................................. Moose...................... Residents of Unit 23.
[[Page 66234]]
23 South of Kotzebue Sound and west Muskox..................... Residents of Unit 23 South of Kotzebue Sound
of and including the Buckland and west of and including the Buckland River
River drainage. drainage.
23, Remainder...................... Muskox..................... Residents of Unit 23 east and north of the
Buckland River drainage.
23................................. Sheep...................... Residents of 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, Blue, Resident of Units 11, 13 and the residents of
Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22 and 23.
23................................. Ptarmigan (Rock, Willow and Residents of Units 11, 13 and the residents of
White-tailed). Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 24, that portion south of Black Bear................. Residents of Stevens Village and residents of
Caribou Mountain, and within the Unit 24 and Wiseman, but not including any
public lands composing or other residents of the Dalton Highway
immediately adjacent to the Dalton Corridor Management Area.
Highway Corridor Management.
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 Brown Bear................. Residents of Stevens Village and residents of
Mountain, and within the public Unit 24 and Wiseman, but not including any
lands composing or immediately other residents of the Dalton Highway
adjacent to the Dalton Highway Corridor Management Area.
Corridor Management Area.
24, remainder...................... Brown Bear................. Residents of Unit 24 including Wiseman, but
not including any other residents of the
Dalton Highway Corridor Management Area
24................................. Caribou.................... Residents of Unit 24 including Wiseman, but
not including any other residents of the
Dalton Highway Corridor Management Area;
residents of Galena, Kobuk, Koyukuk, Stevens
Village, and Tanana.
24................................. Moose...................... Residents of Unit 24, and residents of Koyukuk
and Galena.
24................................. Sheep...................... Residents of Unit 24 residing north of the
Arctic Circle and residents of 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 25(D)......................... Black Bear................. Residents of Unit 25(D).
25(D).............................. Brown Bear................. Residents of Unit 25(D).
25, remainder...................... Brown Bear................. No Federal subsistence priority.
25(A).............................. Moose...................... Residents of Unit 25(A) and 25(D).
25(D) West......................... Moose...................... Residents of Beaver, Birch Creek and Stevens
Village.
25(D), Remainder................... Moose...................... Residents of Remainder of Unit 25.
25(A).............................. Sheep...................... Residents of Arctic Village, Chalkytsik, Fort
Yukon, Kaktovik and Venetie.
25 (B) and (C)..................... Sheep...................... No Federal subsistence priority.
25(D).............................. Wolf....................... Residents of Unit 25(D).
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) and residents
of Anaktuvuk Pass and Point Hope.
26(A).............................. Caribou.................... Residents of Unit 26 and the residents of
Anaktuvuk Pass and Point Hope.
26(B).............................. Caribou.................... Residents of Unit 26 and the residents of
Anaktuvuk Pass, Point Hope, and Wiseman.
26(C).............................. Caribou.................... Residents of Unit 26 and the residents of
Anaktuvuk Pass and Point Hope.
26................................. Moose...................... Residents of Unit 26 (except the Prudhoe Bay-
Deadhorse Industrial Complex) and residents
of Point Hope and Anaktuvuk Pass.
26(A).............................. Muskox..................... Residents of Anaktuvuk Pass, Atqasuk, Barrow,
Nuiqsut, Point Hope, Point Lay, and
Wainwright.
26(B).............................. Muskox..................... Residents of Anaktuvuk Pass, Nuiqsut, and
Kaktovik.
26(C).............................. Muskox..................... Residents of Kaktovik.
26(A).............................. Sheep...................... Residents of Unit 26, Anaktuvuk Pass, and
Point Hope.
26(B).............................. Sheep...................... Residents of Anaktuvuk Pass, Point Hope, and
Wiseman.
26(C).............................. Sheep...................... Residents of Unit 26, Arcti Village,
Chalkytsik, 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.
----------------------------------------------------------------------------------------------------------------
(2) Fish and shellfish determinations.
[[Page 66235]]
----------------------------------------------------------------------------------------------------------------
Area Species Determination
----------------------------------------------------------------------------------------------------------------
KOTZEBUE-NORTHERN AREA--Northern All fish................... Residents of the Northern District, except for
District. those domiciled in State of Alaska Unit 26-B.
Kotzebue District.................. Salmon, sheefish, char..... Residents of the Kotzebue District.
NORTON SOUND-PORT CLARENCE AREA.... Salmon..................... Residents of the Norton Sound-Port Clarence
Area.
YUKON AREA......................... Salmon..................... Residents of the Yukon Area, including the
community of Stebbins.
Yukon River Fall chum Residents of the Yukon River drainage,
salmon. including the communities of Stebbins,
Scammon Bay, Hooper Bay, and Chevak.
Freshwater fish species, Residents of the Yukon Area.
including sheefish,
whitefish, lamprey,
burbot, sucker, grayling,
pike, char, and blackfish.
KUSKOKWIM AREA..................... Salmon..................... Residents of the Kuskokwim Area, except those
persons residing on the United States
military installation located on Cape
Newenham, Sparevohn USAFB, and Tatalina
USAFB.
Rainbow trout.............. Residents of the communities of Quinhagak,
Goodnews Bay, Kwethluk, Eek, Akiachak, Akiak,
and Platinum.
Pacific cod................ Residents of the communities of Chevak,
Newtok, Tununak, Toksook Bay, Nightmute,
Chefornak, Kipnuk, Mekoryuk, Kwigillingok,
Kongiganak, Eek, and Tuntutuliak.
Waters adjacent to the western-most Herring and herring roe.... Residents within 20 miles of the coast between
tip of the Naskonant Peninsula and the westernmost tip of the Naskonant
the terminus of the Ishowik River Peninsula and the terminus of the Ishowik
and around Nunivak Island. River and on Nunivak Island.
BRISTOL BAY AREA--Nushagak Salmon and other freshwater Residents of the Nushagak District and
District, including drainages fish. freshwater drainages flowing into the
flowing into the district. district.
Naknek-Kvichek District--Naknek Salmon and other freshwater Residents of the Naknek and Kvichek River
River drainage. fish. drainages.
Naknek-Kvichek District--Iliamna- Salmon and other freshwater Residents of the Iliamna-Lake Clark drainage.
Lake Clark drainage. fish.
Togiak District, including Salmon and other freshwater Residents of the Togiak District, freshwater
drainages flowing into the fish. drainages flowing into the district, and the
district. community of Manokotak.
KODIAK AREA--except the Mainland Salmon..................... Residents of the Kodiak Island Borough, except
District, all waters along the those residing on the Kodiak Coast Guard
southside of the Alaska Peninsula Base.
bounded by the latitude of Cape
Douglas (58 deg.52' North
latitude) midstream Shelikof
Strait, and west of the longitude
of the southern entrance of Kmuya
Bay near Kilokak Rocks (57
deg.11'22'' North latitude, 156
deg.20'30'' W longitude).
KODIAK AREA--except the Semidi King crab.................. Residents of the Kodiak Island Borough except
Island, the North Mainland, and those residents on the Kodiak Coast Guard
the South Mainland Sections. base.
COOK INLET AREA--Port Graham Dolly Varden............... Residents of Port Graham and English Bay.
Subdistrict.
Port Graham Subdistrict and Salmon..................... Residents of Port Graham and English Bay.
Koyuktolik Subdistrict.
Tyonek Subdistrict................. Salmon..................... Residents of the village of Tyonek.
PRINCE WILLIAM SOUND AREA--South- Salmon..................... Residents of the Southwestern District which
Western District and Green Island. is mainland waters from the outer point on
the north shore of Granite Bay to Cape
Fairfield, and Knight Island, Chenega Island,
Bainbridge Island, Evans Island, Elrington
Island, Latouche Island and adjacent islands.
PRINCE WILLIAM SOUND AREA--North of Salmon..................... Residents of the villages of Tatitlek and
a line from Porcupine Point to Ellamar.
Granite Point, and south of a line
from Point Lowe to Tongue Point.
YAKUTAT AREA--Freshwater upstream Salmon..................... Residents of the area east of Yakutat Bay,
from the terminus of streams and including the islands within Yakutat Bay,
rivers of the Yakutat Area from west of the Situk River drainage, and south
the Doame River to the Tsiu River. of and including Knight Island.
Freshwater upstream from the Dolly Varden char, Residents of the area east of Yakutat Bay,
terminus of streams and rivers of steelhead trout, and smelt. including the islands within Yakutat Bay,
the Yakutat Area from the Doame west of the Situk River drainage, and south
River to Point Manby. of and including Knight Island.
[[Page 66236]]
SOUTH-EASTERN ALASKA AREA--District Salmon, Dolly Varden char, Residents of the City of Saxman.
1--Section 1-E in waters of the trout, smelt and eulachon.
Naha River and Roosevelt Lagoon.
District 1--Section 1-F in Boca de Salmon, Dolly Varden char, Residents of the City of Saxman.
Quadra in waters of Sockeye Creek trout, smelt and eulachon.
and Hugh Smith Lake within 500
yards of the terminus of Sockeye
Creek.
District 2--North of the latitude Salmon, Dolly Varden char, Residents of the City of Kasaan and in the
of the northern-most tip of trout, smelt and eulachon. drainage of the southeastern shore of the
Chasina Point and west of a line Kasaan Peninsula west of 132 deg.20' W. long.
from the northern-most tip of and east of 132 deg.25' W. long.
Chasina Point to the eastern-most
tip of Grindall Island to the
eastern-most tip of the Kasaan
Peninsula.
District 3--Section 3-A............ Salmon, Dolly Varden char, Residents of the townsite of Hydaburg.
trout, smelt and eulachon.
District 3--Section 3-B in waters Salmon, Dolly Varden char, Residents of the City of Klawock and on Prince
east of a line from Point trout, smelt and eulachon. of Wales Island within the boundaries of the
Ildefonso to Tranquil Point. Klawock Heenya Corporation land holdings as
they exist in January 1989, and those
residents of the City of Craig and on Prince
of Wales Island within the boundaries of the
Shan Seet Corporation land holdings as they
exist in January 1989.
District 3--Section 3-C in waters Salmon, Dolly Varden char, Residents of the City of Klawock and on Prince
of Sarkar Lakes. trout, smelt and eulachon. of Wales Island within the boundaries of the
Klawock Heenya Corporation land holdings as
they exist in January 1989, and those
residents of the City of Craig and on Prince
of Wales Island within the boundaries of the
Shan Seet Corporation land holdings as they
exist in January 1989.
District 5--North of a line from Salmon, Dolly Varden char, Residents of the City of Kake and in Kupreanof
Point Barrie to Boulder Point. trout, smelt and eulachon. Island drainages emptying into Keku Strait
south of Point White and north of the Portage
Bay boat harbor.
District 9--Section 9-A............ Salmon, Dolly Varden char, Residents of the City of Kake and in Kupreanof
trout, smelt and eulachon. Island drainages emptying into Keku Strait
south of Point White and north of the Portage
Bay boat harbor.
District 9--Section 9-B north of Salmon, Dolly Varden char, Residents of the City of Kake and in Kupreanof
the latitude of Swain Point. trout, smelt and eulachon. Island drainages emptying into Keku Strait
south of Point White and north of the Portage
Bay boat harbor.
District 10--West of a line from Salmon, Dolly Varden char, Residents of the City of Kake and in Kupreanof
Pinta Point to False Point Pybus. trout, smelt and eulachon. Island drainages emptying into Keku Strait
south of Point White and north of the Portage
Bay boat harbor.
District 12--South of a line from Salmon, Dolly Varden char, Residents of the City of Angoon and along the
Fishery Point to south Passage trout, smelt and eulachon. western shore of Admiralty Island, north of
Point and north of the latitude of the latitude of Sand Island, south of the
Point Caution. latitude of Thayer Creek, and west of 134
deg.30' W. long., including Killisnoo Island.
District 13--Section 13-A south of Salmon, Dolly Varden char, Residents of the City of Borough of Sitka in
the latitude of Cape Edward. trout, smelt and eulachon. drainages which empty into Section 13-B north
of the latitude of Dorothy Narrows.
District 13--Section 13-B north of Salmon, Dolly Varden char, Residents of the City and Borough of Sitka in
the latitude of Redfish Cape. trout, smelt and eulachon. drainages which empty into Section 13-B north
of the latitude of Dorothy Narrows.
District 13--Section 13-C.......... Salmon, Dolly Varden char, Residents of the City and Borough of Sitka in
trout, smelt and eulachon. drainages which empty into Section 13-B north
of the latitude of Dorothy Narrows.
District 13--Section 13-C east of Salmon, Dolly Varden char, Residents of the City of Angoon and along the
the longitude of Point Elizabeth. trout, smelt and eulachon. western shore of Admiralty Island north of
the latitude of Sand Island, south of the
latitude of Thayer Creek, and west of 134
deg.30' W. long., including Killisnoo Island.
District 14--Section 14-B and 14-C. Salmon, Dolly Varden char, Residents of the City of Hoonah and in
trout, smelt and eulachon. Chichagof Island drainages on the eastern
shore of Port Frederick from Gartina Creek to
Point Sophia.
District 15--Chilkat and Chilkoot Salmon, Dolly Varden char, Residents west of the Haines highway between
Rivers. trout, smelt and eulachon. Mile 20 and Mile 24 and east of the Chilkat
River, but not elsewhere in Klukwan; and,
those residents of other areas of the city
and borough of Haines, excluding residents in
the drainage of Excursion Inlet.
----------------------------------------------------------------------------------------------------------------
Subpart D--Subsistence Taking of Fish and Wildlife
3. In subpart D, revise Secs. ____.26 and ____.27 of 36 CFR part
242 and 50 CFR part 100 to read as follows:
Sec. ____.26 Subsistence taking of fish.
(a) Applicability. (1) Regulations in this section apply to the
taking of fish or their parts for subsistence uses.
(2) Fish may be taken for subsistence uses at any time by any
method unless restricted by the subsistence fishing regulations found
in this section.
(b) Definitions. The following definitions shall apply to all
regulations contained in this section and Sec. ____.27:
Abalone Iron means a flat device which is used for taking abalone
and
[[Page 66237]]
which is more than one 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.
Anchor means a device used to hold a salmon fishing vessel
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