# Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, C, and D, Redefinition To Include Waters Subject to Subsistence Priority > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-32345 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 17, 1997 - **Citation:** 62 FR 66216 ## Text 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. ----------------------------------------------------------------------- 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( [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-32345. Public record. Not legal advice.