Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D1999-2000; Subsistence Taking of Fish and Wildlife Regulations

Federal RegisterAug 17, 1998

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SUMMARY: This proposed rule would revise regulations for seasons,

harvest limits, methods, and means related to taking of wildlife for

subsistence uses during the 1999-2000 regulatory year. The rulemaking

is necessary because Subpart D is subject to an annual public review

cycle. When final, this rulemaking will replace the wildlife

regulations included in the ``Subsistence Management Regulations for

Public Lands in Alaska, Subpart D--1998-1999 Subsistence Taking of Fish

and Wildlife Regulations,'' which expire on June 30, 1999. This rule

would also amend the Customary and Traditional Use Determinations of

the Federal Subsistence Board (Section ______.24 of Subpart C).

DATES: The Federal Subsistence Board must receive your written public

comments and proposals to change this proposed rule no later than

October 23, 1998. Federal Subsistence Regional Advisory Councils

(Regional Councils) will hold public meetings to receive proposals to

change regulations contained in this proposed rule from September 9-

October 23, 1998, at various locations in Alaska. See SUPPLEMENTARY

INFORMATION for additional information on meetings.

ADDRESSES: You may submit written comments and proposals to the Office

of Subsistence Management, 1011 E. Tudor Road, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o

U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of

Subsistence Management; (907) 786-3888. For questions specific to

National Forest System lands, contact Ken Thompson, Regional

Subsistence Program Manager, USDA, Forest Service, Alaska Region, (907)

271-2540.

SUPPLEMENTARY INFORMATION:

Meeting Locations and Written Comment Procedures

The Federal Subsistence Board (Board) will hold meetings on this

proposed rule at the following locations in Alaska:

Southeast Regional Council--Haines

Southcentral Regional Council--Anchorage

Kodiak/Aleutians Regional Council--King Cove

Bristol Bay Regional Council--Naknek

Yukon-Kuskokwim Delta Regional Council--Kwigillingok

Western Interior Regional Council--Allakaket or Galena

Seward Peninsula Regional Council--Nome

Northwest Arctic Regional Council--Kotzebue

Eastern Interior Regional Council--Minto or Venetie

North Slope Regional Council--Barrow

We will publish notice of specific dates, times, and meeting

locations in local and statewide newspapers prior to the meetings. We

may need to change locations and dates based on weather or local

circumstances. The amount of work on each Regional Council's agenda

will determine the length of the Regional Council meetings. We will

compile and distribute for additional public review during early

November 1998 the written proposals to change Subpart D hunting and

trapping regulations and customary and traditional use determinations

in Subpart C. A 30-day public comment period will follow distribution

of the compiled proposal packet. Written public comments on distributed

proposals will be accepted during the public comment period. You may

present comments on published proposals to change hunting and trapping

and customary and traditional use determination regulations to the

Regional Councils at their winter meetings; locations, dates, and times

to be announced. The Board will deliberate and take final action on

proposals received that request changes to this proposed rule at a

public meeting to be held in Anchorage during April 1999.

Our review of your comments would be facilitated by your providing

the following information: (a) The name, address, and telephone number

of the individual or organization submitting the proposal; (b) The

section and/or paragraph of the proposed rule for which the change is

being suggested; (c) A statement explaining why the change is

necessary; (d) A proposed solution; (e) Suggested wording for the

regulation addition or change; and (f) Any additional information you

believe will be helpful to the Board in evaluating your proposal.

Public Review Process--Regulation Comments, Proposals, and Public

Meetings

You may submit written comments or proposed regulation changes in

writing to the address identified at the beginning of this rulemaking

by October 23, 1998. You may also present comments or proposals at

Regional Council meetings to be held from September 9-October 23, 1998.

The Board Will Not Consider Proposals for Changes Relating to Fish

or Shellfish Regulations, and Changes to the Overall Program at This

Time. Fish and shellfish regulations are currently extended through

December 31, 1999, pending further development of a separate rulemaking

process resulting from the consolidated ``Katie John'' litigation and

petitions to the Secretaries regarding extended jurisdiction.

Following public distribution of proposals for changes to the 1999-

2000 proposed regulations, we will provide a comment period to allow

public review of those proposals that will be considered by the Board.

We will also hold a second series of Regional Council meetings in

February and March 1999, to assist the Regional Councils in developing

recommendations to the Board. Submit written comments on proposals to

the U.S. Fish and Wildlife Service before conclusion of the comment

period which is presently scheduled to end on January 8, 1999. The

Board will discuss and evaluate proposed changes to this rule during a

public meeting scheduled to be held in Anchorage, April 1999. The

public may provide additional oral testimony on specific proposals

before the Board at that time.

We also invite your comments on how to make this rule easier to

understand, including answers to questions such as the following: (1)

Are the requirements in the rule clearly stated? (2) Does the rule

contain technical language or jargon that interferes with its clarity?

(3) Does the format of the rule (grouping and order of sections, use of

headings, paragraphing, etc.) aid or reduce its clarity? (4) Would the

rule be easier to understand if it were divided into more (but shorter)

sections? (A ``section'' appears in bold type and is preceded by the

symbol ``Sec. '' and a numbered heading; for example, Sec. [______.24

Customary and traditional determinations.]) (5) Is the description of

the rule in the ``Supplementary Information'' section of the preamble

helpful in understanding the rule? What else could we do to make the

rule easier

[[Page 43991]]

to understand. Send a copy of any comments that concern how we could

make this rule easier to understand to: Office of Regulatory Affairs,

Department of the Interior, Room 7229, 1849 C Street, NW, Washington,

DC 20240. You may also e-mail the comments to this address:

E[email protected].

Background

Title VIII of the Alaska National Interest Lands Conservation Act

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

Interior and the Secretary of Agriculture (Secretaries) implement a

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

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

and implements laws of general applicability which are consistent with

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

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

The State implemented a program that the Department of the Interior

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

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

that the rural preference in the State subsistence statute violated the

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

to delete the rural preference from the subsistence statute, and

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

effect of the decision until July 1, 1990.

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

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

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

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

Regulations for Public Lands in Alaska were published in the Federal

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

these regulations, the Departments established a Federal Subsistence

Board to administer the Federal subsistence management program. The

Board's composition includes a Chair appointed by the Secretary of the

Interior with concurrence of the Secretary of Agriculture; the Alaska

Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional

Director, U.S. National Park Service; the Alaska State Director, U.S.

Bureau of Land Management; the Alaska Area Director, U.S. Bureau of

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

Through the Board, these agencies have participated in development of

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

regulations. All Board members have reviewed this rule and agree with

its substance. Because this 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.

Applicability of Subparts A, B, and C

Subparts A, B, and C (unless otherwise amended) of the Subsistence

Management Regulations for Public Lands in Alaska, 50 CFR Secs. 100.1

to 100.23 and 36 CFR Secs. 242.1 to 242.23, remain effective and apply

to this rule. Therefore, all definitions located at 50 CFR Sec. 100.4

and 36 CFR Sec. 242.4 apply to regulations found in this subpart.

Navigable Waters

At this time, Federal subsistence management program regulations

apply to all non-navigable waters located on public lands and to

navigable waters located on the public lands identified at 50 CFR

Sec. 100.3(b) and 36 CFR Sec. 242.3(b) of the Subsistence Management

Regulations for Public Lands in Alaska, Subparts A, B, and C (57 FR

22940-22964) published May 29, 1992. Nothing in these regulations is

intended to enlarge or diminish authorities of the Departments to

manage submerged lands, title to which is held by the United States

government.

The Board recognizes Judge Holland's order granting preliminary

relief to the plaintiffs in the case of the Native Village of Quinhagak

et al. v. United States of America et al. Therefore, to the extent that

these regulations would continue any existing restrictions on the

taking of rainbow trout by the residents of Quinhagak and Goodnews Bay

in the Kanektok, Arolik, and Goodnews Rivers, those regulations will

not be enforced pending completion of proceedings in that case.

However, in light of the continuation of the proceedings in the

consolidated ``Katie John'' litigation, a petition to the Secretaries

of the Interior and Agriculture addressing jurisdiction in navigable

waters, and activities in the State Legislature, no attempt is being

made to alter the fish and shellfish portions of the regulations

(Sections ______.26 and ______.27) until final guidance has been

received regarding the jurisdictional authority of the Federal

government over navigable waters in general, and specifically with

respect to the waters at issue in Native Village of Quinhagak et al. v.

United States of America et al.

Federal Subsistence Regional Advisory Councils

Pursuant to the Record of Decision, Subsistence Management

Regulations for Federal Public Lands in Alaska, April 6, 1992, and the

Subsistence Management Regulations for Federal Public Lands in Alaska,

36 CFR 242.11 (1992) and 50 CFR 100 (1992), and for the purposes

identified therein, we divide Alaska into ten subsistence resource

regions, each of which is represented by a Federal Subsistence Regional

Advisory Council (Regional Council). The Regional Councils provide a

forum for rural residents with personal knowledge of local conditions

and resource requirements to have a meaningful role in the subsistence

management of fish and wildlife on Alaska pubic lands. The Regional

Council members represent varied 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. Moreover,

the Council Chairs, or their designated representatives, will present

their Council's recommendations at the Board meeting in April 1999.

Proposed Changes From 1998-1999 Seasons and Bag Limit Regulations

Subpart D regulations are subject to an annual cycle and require

development of an entire new rule each year. Customary and traditional

use determinations are also subject to an annual review process

providing for modification each year. Regulations contained in this

proposed rule will take effect on July 1, 1999, unless elements are

changed by subsequent Board action following the public review process

outlined herein.

The text of the 1998-1999 Subparts C and D Final Rule served as the

foundation for the 1999-2000 Subparts C and D proposed rule. We have

reworded much of the text to improve readability.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

The Departments distributed a Draft Environmental Impact Statement

(DEIS) that described four alternatives for developing a Federal

Subsistence Management Program 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

[[Page 43992]]

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

Departments published a Final Environmental Impact Statement (FEIS) 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, the Secretary of

the Interior, with the concurrence of the Secretary of Agriculture,

through the U.S. Department of Agriculture-Forest Service, decided 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.

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. As part of the FEIS process, we completed a Section 810

analysis. 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.

Paperwork Reduction Act

These rules contain information collection requirements subject to

Office of Management and Budget (OMB) approval under the Paperwork

Reduction Act of 1995. They apply to the use of public lands in Alaska.

The information collection requirements described below have been

approved by OMB under 44 U.S.C. 3501 and have been assigned clearance

number 1018-0075, which expires 5/31/2000. The Board may not conduct or

sponsor, and a person is not required to respond to, a collection of

information unless it displays a current OMB control number.

We will achieve the collection of information through the use of

the Federal Subsistence Hunt Permit Application. This collection

information will establish whether the applicant qualifies to

participate in a Federal subsistence hunt 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 hunts

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 wildlife populations.

The annual burden of reporting and recordkeeping is estimated to

average 0.25 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 5,000, yielding a total annual reporting and

recordkeeping burden of 1,250 hours or less.

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

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

Service, 1849 C Street, NW, MS 224 ARLSQ, Washington, D.C. 20240; and

the Office of Management and Budget, Paperwork Reduction Project

(Subsistence), Washington, D.C. 20503. The Board may impose additional

information collection requirements if Local Advisory Committees

subject to the Federal Advisory Committee Act are established under

Subpart B.

Economic Effects

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

Executive Order 12866 requires each agency to write regulations that

are easy to understand.

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

requires the 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 2 million pounds of meat

are harvested by the local subsistence users annually and, if given a

dollar value of $3.00 per pound, would equate to $6 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. Therrefore, these

regulations have no potential takings of private property implications

as defined by Executive Order 12630.

The Service has determined and certifies 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. The implementation of this rule

is by Federal agencies and there is no cost imposed on any State or

local entities or tribal governments.

The Service has determined that these regulations meet the

applicable standards provided in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

In accordance with Executive Order 12612, the rule does not have

sufficient federalism implications to warrant the preparation of a

Federalism Assessment. Title VIII of ANILCA specifically provides for

Federal management of a subsistence priority for fish and wildlife

resources on Federal lands.

Drafting Information

William Knauer drafted these regulations 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 Curt Wilson, Alaska State

Office, Bureau of Land

[[Page 43993]]

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, National

forests, Public lands, Reporting and recordkeeping requirements,

Wildlife.

For the reasons set out in the preamble, the Federal Subsistence

Board proposes 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 is proposed to continue to read as follows:

Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.

3551-3586; 43 U.S.C. 1733.

Subpart C--Board Determinations

2. In Subpart C of 36 CFR part 242 and 50 CFR part 100,

Sec. ______.24 is proposed to be revised to read as follows:

Sec. ______.24 Customary and traditional use determinations.

(a) The Federal Subsistence Board has determined that rural Alaska

residents of the listed communities and areas 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....... Residents of Unit

1(C), 1(D), 3, and

residents of Hoonah,

Pelican, Point

Baker, Sitka, and

Tenakee Springs.

1(A).......................... Brown Bear....... Residents of Unit

1(A) except no

subsistence for

residents of Hyder.

1(B).......................... Brown Bear....... Residents of Unit

1(A), Petersburg,

and Wrangell, except

no subsistence for

residents of Hyder.

1(C).......................... Brown Bear....... Residents of Unit

1(C), Haines,

Hoonah, Kake,

Klukwan, Skagway,

and Wrangell, except

no subsistence for

residents of

Gustavus.

1(D).......................... Brown Bear....... Residents of 1(D).

1(A).......................... Deer............. Residents of 1(A) and

2.

1(B).......................... Deer............. Residents of Unit

1(A), residents of

1(B), 2 and 3.

1(C).......................... Deer............. Residents of 1(C) and

(D), and residents

of Hoonah, Kake, and

Petersburg.

1(D).......................... Deer............. No Federal

subsistence

priority.

1(B).......................... Goat............. Residents of Units

1(B) and 3.

1(C).......................... Goat............. Residents of Haines,

Kake, Klukwan,

Petersburg, and

Hoonah.

1(B).......................... Moose............ 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............. 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............ 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............................. Goat............. Residents of Unit

5(A).

5............................. Moose............ Residents of Unit

5(A).

5............................. Wolf............. 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(A).......................... Goat............. Residents of Unit

5(A), 6(C), Chenega

Bay and Tatitlek.

6(C) and (D).................. Goat............. Residents of Unit

6(C) and (D).

6(A).......................... Moose............ Unit 6(A)--Residents

of Units 5(A), 6(A),

6(B) and 6(C).

6(B) and (C).................. Moose............ Residents of Units

6(A), 6(B) and 6(C).

[[Page 43994]]

6(D).......................... Moose............ No Federal

subsistence

priority.

6(A).......................... Wolf............. Residents of Units

5(A), 6, 9, 10

(Unimak Island

only), 11-13 and the

Residents of

Chickaloon, and 16-

26.

6, remainder.................. Wolf............. Residents of Units 6,

9, 10 (Unimak Island

only), 11-13 and the

residents of

Chickaloon and 16-

26.

Unit 7........................ Brown Bear....... No Federal

subsistence

priority.

7............................. Caribou.......... No Federal

subsistence

priority.

7, Brown Mountain hunt area... Goat............. Residents of Port

Graham and English

Bay.

7, that portion draining into Moose............ Residents of Chenega

Kings Bay. Bay and Tatitlek.

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).......................... Brown Bear....... Residents of Pedro

Bay.

9(B).......................... Brown Bear....... Residents of Unit

9(B).

9(C) and (D).................. Brown Bear....... No Federal

subsistence

priority.

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 Unit

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, King Cove, and

Sand Point.

10, remainder................. Caribou.......... No determination.

10............................ Wolf............. Residents of Units 6,

9, 10 (Unimak Island

only), 11-13 and the

residents of

Chickaloon and 16-

26.

Unit 11....................... Bison............ No Federal

subsistence

priority.

11, north of the Sanford River Black Bear....... Residents of

Chistochina,

Chitina, Copper

Center, Gakona,

Glennallen, Gulkana,

Kenny Lake, Mentasta

Lake, Tazlina,

Tonsina, and Units

11 and 12.

11, remainder................. Black Bear....... Residents of

Chistochina,

Chitina, Copper

Center, Gakona,

Glennallen, Gulkana,

Kenny Lake, Mentasta

Lake, Tazlina,

Tonsina, and Unit

11.

11, north of the Sanford River Brown Bear....... Residents of

Chistochina,

Chitina, Copper

Center, Gakona,

Glennallen, Gulkana,

Kenny Lake, Mentasta

Lake, Tazlina,

Tonsina, and Units

11 and 12.

11, remainder................. Brown Bear....... Residents of

Chistochina,

Chitina, Copper

Center, Gakona,

Glennallen, Gulkana,

Kenny Lake, Mentasta

Lake, Tazlina,

Tonsina, and Unit

11.

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,

Glennallen, 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.

[[Page 43995]]

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, Gakona,

Glennallen, Gulkana,

Kenny Lake, Mentasta

Lake, Slana,

McCarthy/South

Wrangell/South Park,

Tazlina and Tonsina;

Residents along the

Tok Cutoff--Milepost

79-110 (Mentasta

Pass), residents

along the Nabesna

Road--Milepost 0-46

(Nabesna Road), and

residents along the

McCarthy Road--

Milepost 0-62

(McCarthy Road).

11............................ Wolf............. Residents of Units 6,

9, 10 (Unimak Island

only), 11-13 and the

residents of

Chickaloon and 16-

26.

11............................ Grouse (Spruce, Residents of Units

Blue, Ruffed and 11, 12, 13 and the

Sharp-tailed). residents of

Chickaloon, 15, 16,

20(D), 22 and 23.

11............................ Ptarmigan (Rock, Residents of Units

Willow and White- 11, 12, 13 and the

tailed). residents of

Chickaloon, 15, 16,

20(D), 22 and 23.

Unit 12....................... Brown Bear....... Residents of Unit 12

and Dot Lake,

Chistochina, Gakona,

Mentasta Lake, and

Slana.

12............................ Caribou.......... Residents of Unit 12

and residents of Dot

Lake, Healy Lake,

and Mentasta Lake.

12, south of a line from Noyes Moose............ Residents of Unit 11

Mountain, southeast of the north of 62nd

confluence of Tatschunda parallel (excluding

Creek to Nabesna River. North Slana

Homestead and South

Slana Homestead);

and residents of

Unit 12, 13(A)-(D)

and the residents of

Chickaloon, Dot

Lake, and Healy

Lake.

12, east of the Nabesna River Moose............ Residents of Unit 12

and Nabesna Glacier, south of and Healy Lake.

the Winter Trail from

Pickerel Lake to the Canadian

Border.

12, remainder................. Moose............ Residents of Unit 12

and residents of Dot

Lake, Healy Lake,

and Mentasta Lake.

12............................ Sheep............ Residents of Unit 12

and residents of

Chistochina, Dot

Lake, Healy Lake,

and Mentasta Lake.

12............................ Wolf............. Residents of Units 6,

9, 10 (Unimak Island

only), 11-13 and the

residents of

Chickaloon and 16-

26.

Unit 13....................... Brown Bear....... Residents of Unit 13.

13(B)......................... Caribou.......... Residents of Units

11, 12 (along the

Nabesna Road), 13,

residents of Unit

20(D) except Fort

Greely, and the

residents of

Chickaloon.

13(C)......................... Caribou.......... Residents of Units

11, 12 (along the

Nabesna Road), 13,

and the residents of

Chickaloon, Dot Lake

and Healy Lake.

13(A) & (D)................... Caribou.......... Residents of Units

11, 12 (along the

Nabesna Road), 13,

and the residents of

Chickaloon.

13(E)......................... Caribou.......... Residents of Units

11, 12 (along the

Nabesna Road), 13,

and the residents of

Chickaloon, 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 Unit 13

and the residents of

Chickaloon and 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, Residents of Units

Blue, Ruffed & 11, 13 and the

Sharp-tailed). residents of

Chickaloon, 15, 16,

20(D), 22 & 23.

13............................ Ptarmigan (Rock, Residents of Units

Willow and White- 11, 13 and the

tailed). residents of

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.

[[Page 43996]]

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 Goat............. Residents of Port

Bay hunt areas. Graham and Nanwalek.

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, Residents of Unit 15.

Willow and White-

tailed).

15............................ Grouse (Spruce).. Residents of Unit 15.

15............................ Grouse (Ruffed).. No Federal

subsistence

priority.

Unit 16(B).................... Black Bear....... Residents of Unit

16(B).

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, Residents of Units

Blue, Ruffed and 11, 13 and the

Sharp-tailed). residents of

Chickaloon, 15, 16,

20(D), 22 and 23.

16............................ Ptarmigan (Rock, Residents of Units

Willow and White- 11, 13 and the

tailed). residents of

Chickaloon, 15, 16,

20(D), 22 and 23.

Unit 17(A) and that portion of Black Bear....... Residents of Units

17(B) draining into Nuyakuk 9(A) and (B), 17,

Lake and Tikchik Lake. and residents of

Akaik and Akiachak.

17, remainder................. Black Bear....... Residents of Units

9(A) and (B), and

17.

17(A)......................... Brown Bear....... Residents of Unit 17,

and residents of

Akiak, Akiachak,

Goodnews Bay and

Platinum.

17(A) and (B), those portions Brown Bear....... Residents of

north and west of a line Kwethluk.

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), that portion draining Brown Bear....... Residents of Akaik

into Nuyakuk Lake and Tikchik and Akiachak.

Lake.

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.

17(A) and (B), those portions Caribou.......... Residents of

north and west of a line Kwethluk.

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 Moose............ Residents of

north and west of a line Kwethluk.

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 Holy

Cross, Stebbins, St.

Michael, Twin Hills,

and Togiak.

18............................ Brown Bear....... Residents of

Akiachak, Akiak,

Eek, Goodnews Bay,

Kwethluk, Mt.

Village, Napaskiak,

Platinum, Quinhagak,

St. Mary's, and

Tuluksak.

18............................ Caribou (Kilbuck INTERIM DETERMINATION

caribou herd BY FEDERAL

only). SUBSISTENCE 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.

[[Page 43997]]

18, north of the Yukon River.. Caribou (except Residents of

Kilbuck caribou Alakanuk,

herd). Andreafsky, Chevak,

Emmonak, Hooper Bay,

Kotlik, Kwethluk,

Marshall, Mountain

Village, Pilot

Station, Pitka's

Point, Russian

Mission, St. Marys,

St. Michael, Scammon

Bay, Sheldon Point,

and Stebbins.

18, remainder................. Caribou (except Residents of

Kilbuck caribou Kwethluk.

herd).

18, that portion of the Yukon Moose............ Residents of Unit 18

River drainage upstream of and residents of

Russian Mission and that Upper Kalskag, Lower

portion of the Kuskokwim Kalskag, Aniak, and

River drainage upstream of, Chuathbaluk.

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) and (B)................. Brown Bear....... Residents of Units 19

and 18 within the

Kuskokwim River

drainage upstream

from, and including,

the Johnson River.

19(C)......................... Brown Bear....... No Federal

subsistence

priority.

19(D)......................... Brown Bear....... Residents of Units

19(A) and (D), and

residents of Tulusak

and Lower Kalskag.

19(A) and (B)................. Caribou.......... Residents of Units

19(A) and 19(B),

residents of Unit 18

within the Kuskokwim

River drainage

upstream from, and

including, the

Johnson River, and

residents of St.

Marys, Marshall,

Pilot Station,

Russian Mission.

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.

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)......................... Caribou.......... Residents of

Cantwell, Nenana,

and those domiciled

between milepost 216

and 239 of the Parks

Highway. No

subsistence priority

for residents of

households of the

Denali National Park

Headquarters.

20(B)......................... Caribou.......... Residents of Unit

20(B), Nenana, and

Tanana.

20(C)......................... Caribou.......... Residents of Unit

20(C) living east of

the Teklanika River,

residents of

Cantwell, Lake

Minchumina, Manley

Hot Springs, Minto,

Nenena, Nikolai,

Tanana, Talida, and

those domiciled

between milepost 216

and 239 of the Parks

Highway and between

milepost 216 and 239

of the Parks Highway

and between milepost

300 and 309. No

subsistence priority

for residents of

households of the

Denali National Park

Headquarters.

20(D) and (E)................. Caribou.......... Residents of 20(D),

20(E), and Unit 12

north of the

Wrangell-St. Elias

National Park and

Preserve.

20(F)......................... Caribou.......... Residents of 20(F),

25(D), and Manley.

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--residents

of Unit 20(B), and

residents of Nenana

and Tanana.

[[Page 43998]]

20(C)......................... Moose............ 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............ 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, Residents of Units

Blue, Ruffed and 11, 13 and the

Sharp-tailed). residents of

Chickaloon, 15, 16,

20(D), 22, and 23.

20(D)......................... Ptarmigan (Rock, Residents of Units

Willow and White- 11, 13 and the

tailed). residents of

Chickaloon, 15, 16,

20(D), 22, and 23.

Unit 21....................... Brown Bear....... Residents of Units 21

and 23.

21(A)......................... Caribou.......... Residents of Units

21(A), 21(D), 21(E),

Aniak, Chuathbaluk,

Crooked Creek,

McGrath, and

Takotna.

21(B) & (C)................... Caribou.......... Residents of Units

21(B), 21(C), 21(D),

and Tanana.

21(D)......................... Caribou.......... Residents of Units

21(B), 21(C), 21(D),

and Huslia.

21(E)......................... Caribou.......... Residents of Units

21(A), 21(E) and

Aniak, Chuathbaluk,

Crooked Creek,

McGrath, and

Takotna.

21(A)......................... Moose............ Residents of Units

21(A), (E), Takotna,

McGrath, Aniak, and

Crooked Creek.

21(B) and (C)................. Moose............ Residents of Units

21(B) and (C),

Tanana, Ruby, and

Galena.

21(D)......................... Moose............ Residents of Units

21(D), 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. Marys,

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........... Residents of Unit

22(E) excluding

Little Diomede

Island.

22............................ Wolf............. Residents of Units

23, 22, 21(D) north

and west of the

Yukon River, and

residents of Kotlik.

22............................ Grouse (Spruce, Residents of Units

Blue, Ruffed and 11, 13 and the

Sharp-tailed). residents of

Chickaloon, 15, 16,

20(D), 22, and 23.

22............................ Ptarmigan (Rock, Residents of Units

Willow and White- 11, 13 and the

tailed). residents of

Chickaloon, 15, 16,

20(D), 22, and 23.

Unit 23....................... Black Bear....... Residents of Unit 23,

Alatna, Allakaket,

Bettles, Evansville,

Galena, Hughes,

Huslia, and Koyukuk.

23............................ Brown Bear....... Residents of Units 21

and 23.

23............................ Caribou.......... Residents of Unit

21(D) west of the

Koyukuk and Yukon

Rivers, residents of

Galena, and

residents of Units

22, 23, 24 including

residents of Wiseman

but not including

other residents of

the Dalton Highway

Corridor Management

Area, and 26(A).

23............................ Moose............ Residents of Unit 23.

23, south of Kotzebue Sound Muskox........... Residents of Unit 23

and west of and including the South of Kotzebue

Buckland River drainage. Sound and west of

and including the

Buckland River

drainage.

[[Page 43999]]

23, remainder................. Muskox........... Residents of Unit 23

east and north of

the Buckland River

drainage.

23............................ Sheep............ Residents of Point

Lay and Unit 23

north of the Arctic

Circle.

23............................ Wolf............. Residents of Units 6,

9, 10 (Unimak Island

only), 11-13 and the

residents of

Chickaloon, and 16-

26.

23............................ Grouse (Spruce, Residents of Units

Blue, Ruffed and 11, 13 and the

Sharp-tailed). residents of

Chickaloon, 15, 16,

20(D), 22, and 23.

23............................ Ptarmigan (Rock, Residents of Units

Willow and White- 11, 13 and the

tailed). residents of

Chickaloon, 15, 16,

20(D), 22, and 23.

Unit 24, that portion south of Black Bear....... Residents of Stevens

Caribou Mountain, and within Village and

the public lands composing or residents of Unit 24

immediately adjacent to the and Wiseman, but not

Dalton Highway Corridor including any other

Management Area. residents of the

Dalton Highway

Corridor Management

Area.

24, remainder................. Black Bear....... Residents of Unit 24

and Wiseman, but not

including any other

residents of the

Dalton Highway

Corridor Management

Area.

24, that portion south of Brown Bear....... Residents of Stevens

Caribou Mountain, and within Village and

the public lands composing or residents of Unit 24

immediately adjacent to the and Wiseman, but not

Dalton Highway Corridor including any other

Management Area. residents of the

Dalton Highway

Corridor Management

Area.

24, remainder................. Brown Bear....... Residents of Unit 24

including Wiseman,

but not including

any other residents

of the Dalton

Highway Corridor

Management Area.

24............................ Caribou.......... Residents of Unit 24

including Wiseman,

but not including

any other residents

of the Dalton

Highway Corridor

Management Area;

residents of Galena,

Kobuk, Koyukuk,

Stevens Village, and

Tanana.

24............................ Moose............ Residents of Unit 24,

Koyukuk, and Galena.

24............................ Sheep............ Residents of Unit 24

residing north of

the Arctic Circle

and residents of

Allakaket, Alatna,

Hughes, and Huslia.

24............................ Wolf............. Residents of Units 6,

9, 10 (Unimak Island

only), 11-13 and the

residents of

Chickaloon and 16-

26.

Unit 25(D).................... Black Bear....... Residents of Unit 25

(D).

25(D)......................... Black Bear....... Residents of Unit 25

(D).

25, remainder................. Brown Bear....... No Federal

subsistence

priority.

25(D)......................... Caribou.......... Residents of 20(F),

25(D), and Manley.

25(A)......................... Moose............ Residents of Units

25(A) and 25(D).

25(D) West.................... Moose............ Residents of Beaver,

Birch Creek, and

Stevens Village.

25(D), remainder.............. Moose............ Residents of

Remainder of Unit

25.

25(A)......................... Sheep............ Residents of Arctic

Village, Chalkytsik,

Fort Yukon, Kaktovik

and Venetie.

25(B) and (C)................. Sheep............ No Federal

subsistence

priority.

25(D)......................... Wolf............. Residents of Unit 25

(D).

25, remainder................. Wolf............. Residents of Units 6,

9, 10 (Unimak Island

only), 11-13 and the

residents of

Chickaloon and 16-

26.

Unit 26....................... Brown Bear....... Residents of Unit 26

(except the Prudhoe

Bay- Deadhorse

Industrial Complex)

and residents of

Anaktuvuk Pass and

Point Hope.

26(A)......................... Caribou.......... Residents of Unit 26,

Anaktuvuk Pass and

Point Hope.

26(B)......................... Caribou.......... Residents of Unit 26,

Anaktuvuk Pass,

Point Hope, and

Wiseman.

26(C)......................... Caribou.......... Residents of Unit 26,

Anaktuvuk Pass and

Point Hope.

26............................ Moose............ Residents of Unit 26,

(except the Prudhoe

Bay- Deadhorse

Industrial Complex),

and residents of

Point Hope and

Anaktuvuk Pass.

26(A)......................... Muskox........... Residents of

Anaktuvuk Pass,

Atqasuk, Barrow,

Nuiqsut, Point Hope,

Point Lay, and

Wainwright.

26(B)......................... Muskox........... Residents of

Anaktuvuk Pass,

Nuiqsut, and

Kaktovik.

26(C)......................... Muskox........... Residents of

Kaktovik.

26(A)......................... Sheep............ Residents of Unit 26,

Anaktuvuk Pass, and

Point Hope.

26(B)......................... Sheep............ Residents of Unit 26,

Anaktuvuk Pass,

Point Hope, and

Wiseman.

26(C)......................... Sheep............ Residents of Unit 26,

Anaktuvuk Pass,

Arctic Village,

Chalkytsik, Fort

Yukon, Point Hope,

and Venetie.

26............................ Wolf............. Residents of Units 6,

9, 10 (Unimak Island

only), 11-13 and the

residents of

Chickaloon and 16-

26.

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

(2) Fish and shellfish determinations.

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

Area Species Determination

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KOTZEBUE-NORTHERN AREA-- All finfish...... Residents of the

Northern District. Northern District,

except for those

domiciled in State

of Alaska Unit 26-B.

[[Page 44000]]

Kotzebue District............. Salmon........... Residents of Kotzebue

District.

NORTON SOUND-PORT CLARENCE Salmon........... Residents of Norton

AREA. Sound-Port Clarence

Area.

YUKON AREA.................... Salmon........... Residents of the

Yukon Area,

including the

community of

Stebbins.

Yukon River Fall Residents of the

chum salmon. Yukon River

drainage, including

the communities of

Stebbins, Scammon

Bay, Hooper Bay, and

Chevak.

Freshwater fish Residents of the

species, Yukon Area.

including

sheefish,

whitefish,

lamprey, burbot,

sucker,

grayling, pike,

char, and

blackfish.

KUSKOKWIM AREA................ Salmon........... Residents of the

Kuskokwim Area,

except those persons

residing on the

United States

military

installation located

on Cape Newenham,

Sparevohn USAFB, and

Tatalina USAFB.

Rainbow trout.... Residents of the

communities of

Quinhagak, Goodnews

Bay, Kwethluk, Eek,

Akiak, and Platinum.

Pacific cod...... Residents of the

communities of

Chevak, Newtok,

Tununak, Toksook

Bay, Nightmute,

Chefornak, Kipnuk,

Mekoryuk,

Kwigillingok,

Kongiganak, Eek, and

Tuntutuliak.

Waters adjacent to the western- Herring and Residents within 20

most tip of the Naskonant herring roe. miles of the coast

Peninsula and the terminus of between the

the Ishowik River and around westernmost tip of

Nunivak Island. the Naskonant

Peninsula and the

terminus of the

Ishowik River and on

Nunivak Island.

BRISTOL BAY AREA--Nushagak Salmon........... Residents of the

District, including drainages Nushagak District

flowing into the district. and freshwater

drainages flowing

into the district.

Naknek-Kvichek District-- Salmon........... Residents of the

Naknek River drainage. Naknek and Kvichek

River drainages.

Naknek-Kvichek District- Salmon........... Residents of the

Iliamna-Lake Clark drainage. Iliamna-Lake Clark

drainage.

Togiak District, including Salmon and other Residents of the

drainages flowing into the freshwater Togiak District,

district. finfish. freshwater drainages

flowing into the

district, and the

community of

Manokotak.

KODIAK AREA--except the Salmon........... Residents of the

Mainland District, which is Kodiak Island

all waters along the south Borough, except

side of the Alaska Peninsula those residing on

bounded by the latitude of the Kodiak Coast

Cape Douglas (58 deg.52' Guard Base.

North Latitude) mid-stream

Shelikof Strait, and west of

the longitude of the southern

entrance of Imuya Bay near

Kilokak Rocks (57 deg.11'22''

North latitude, 156

deg.20'30'' W longitude).

KOKIAK AREA--except the Semidi King crab........ Residents of the

Island, the North Mainland, Kodiak Island

and the South Mainland Borough except those

Sections. residents on the

Kodiak Coast Guard

Base.

COOK INLET AREA--Port Graham Dolly Varden..... Residents of Port

Subdistrict. Graham and English

Bay.

Port Graham Subdistrict and Salmon........... Residents of Port

Koyuktolik Subdistrict. Graham and English

Bay.

Tyonek Subdistrict............ Salmon........... Residents of the

village of Tyonek.

PRINCE WILLIAM SOUND AREA-- Salmon........... Residents of the

South-Western District and Southwestern

Green Island. District which is

mainland waters from

the outer point on

the north shore of

Granite Bay to Cape

Fairfield, and

Knight Island,

Chenega Island,

Bainbridge Island,

Evans Islands,

Elrington Island,

Latouche Island and

adjacent islands.

PRINCE WILLIAM SOUND AREA-- Salmon........... Residents of the

north of a line from village of Tatitlek

Porcupine Point to Granite and Ellamar.

Point, and south of a line

from Point Lowe to Tongue

Point.

YAKUTAK AREA--freshwater Salmon........... Residents of the area

upstream from the terminus of east of Yakutat Bay,

streams and rivers of the including the

Yakutat Area from the Doame islands within

River to the Tsiu River. Yakutat Bay, west of

the Situk River

drainage, and south

of and including

Knight Island.

Freshwater upstream from the Dolly Varden Residents of the area

terminus of streams and char, steelhead east of Yakutat Bay,

rivers of the Yakutat Area trout, and smelt. including the

from the Doame River of Point islands within

Manby. Yakutat Bay, west of

the Situk River

drainage, and south

of and including

Knight Island.

SOUTH-EASTERN ALASKA AREA-- Salmon and Dolly Residents of the City

District 1--Section 1-E in Varden char. of Saxman.

waters of the Naha River and

Roosevelt Lagoon.

District 1--Section 1-F in Salmon and Dolly Residents of the City

Boca de Quadra in waters of Varden char. of Saxman.

Sockeye Creek and Hugh Smith

Lake within 500 yards of the

terminus of Sockeye Creek.

District 2--north of the Salmon and Dolly Residents of the City

latitude of the northern-most Varden char. of Kasaan and the

tip of Chasina Point and west drainage of the

of a line from the northern- southeastern shore

most tip of Chasina Point to of the Kasaan

the eastern-most tip of Peninsula west of

Grindall Island to the 132 deg.20'W. long.

eastern-most tip of the and east of 132

Kasaan Peninsula. deg.25'W. long.

District 3--Section 3-A....... Salmon and Dolly Residents of the

Varden char. townsite of

Hydaburg.

[[Page 44001]]

District 3--Section 3-B in Salmon, Dolly Residents of the City

waters east of a line from Varden char, and of Klawock and on

Point Ildefonso to Tranquil steelhead trout. Prince of Wales

Point. Island within the

boundaries of the

Klawock Heenya

Corporation land

holdings as they

exist in January

1989, and those

residents of the

City of Craig and on

Prince of Wales

Island within the

boundaries of the

Shan Seet

Corporation land

holdings as they

exist in January

1989.

District 3--Section 3-C in Salmon, Dolly Residents of the City

waters of Sarkar Lakes. Varden char, and of Klawock and on

steelhead trout. Prince of Wales

Island within the

boundaries of the

Klawock Heenya

Corporation land

holdings as they

exist in January

1989, and those

residents of the

City of Craig and on

Prince of Wales

Island within the

boundaries of the

Shan Seet

Corporation land

holdings as they

exist in January

1989.

District 5--north of a line Salmon and Dolly Residents of the City

from Point Barrie to Boulder Varden char. of Kake and in

Point. Kupreanof Island

drainages emptying

into Keku Strait

south of Point White

and north of the

Portage Bay boat

harbor.

District 9--Section 9-A....... Salmon and Dolly Residents of the City

Varden char. of Kake and in

Kupreanof Island

drainages emptying

into Keku Strait

south of Point White

and north of the

Portage Bay boat

harbor.

District 9--Section 9-B north Salmon and Dolly Residents of the City

of the latitude of Swain Varden char. of Kake and in

Point. Kupreanof Island

drainages emptying

into Keku Strait

south of Point White

and north of the

Portage Bay boat

harbor.

District 10--west of a line Salmon and Dolly Residents of the City

from Pinta Point to False Varden char. of Kake and in

Point Pybus. Kupreanof Island

drainages emptying

into Keku Strait

south of Point White

and north of the

Portage Bay boat

harbor.

District 12--south of a line Salmon and Dolly Residents of the City

from Fishery Point to south Varden char. of Angoon and along

Passage Point and north of the western shore of

the latitude of Point Caution. Admiralty Island

north of the

latitude of Sand

Island, south of the

latitude of Thayer

Creek, and west of

134 deg.30' W.

long., including

Killisnoo Island.

District 13--Section 13-A Sockeye salmon... Residents of the City

south of the latitude of Cape and Borough of Sitka

Edward. in drainages which

empty into Section

13-B north of the

latitude of Dorothy

Narrows.

District 13--Section 13-B Sockeye salmon... Residents of the City

north of the latitude of and Borough of Sitka

Redfish Cape. in drainages which

empty into Section

13-B north of the

latitude of Dorothy

Narrows.

District 13--Section 13-C..... Sockeye salmon... Residents of the City

and Borough of Sitka

in drainages which

empty into Section

13-B north of the

latitude of Dorothy

Narrows.

District 13--Section 13-C east Salmon and Dolly Residents of the City

of the longitude of Point Varden char. of Angoon and along

Elizabeth. the western shore of

Admiralty Island

north of the

latitude of Sand

Island, south of the

latitude of Thayer

Creek, and west of

134 deg. 30' W.

long., including

Killisnoo Island.

District 14--Section 14-B and Salmon, smelt and Residents of the City

14-C. Dolly Varden of Hoonah and in

char. Chichagof Island

drainages on the

eastern shore of

Port Frederick from

Gartina Creek to

Point Sophia.

District 15--Chilkat and Samon and smelt.. Residents west of the

Chilkoot Rivers. Haines highway

between Mile 20 and

Mile 24 and east of

the Chilkat River,

but not elsewhere in

Klukwan; and those

residents of other

areas of the city

and borough of

Haines, excluding

residents in the

drainage of

Excursion Inlet. Hai

of Haines, excluding

residents in the

drainage of

Excursion Inlet.

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(b) [Reserved]

Subpart D--Subsistence Taking of Fish and Wildlife

3. In Subpart D of 36 CFR part 242 and 50 CFR part 100,

Sec. ______.25 is proposed to be revised effective July 1, 1999,

through June 30, 2000, to read as follows:

Sec. ______.25 Subsistence taking of wildlife.

(a) Definitions. The following definitions shall apply to all

regulations contained in this section:

ADF&G means the Alaska Department of Fish and Game.

Aircraft means any kind of airplane, glider, or other device used

to transport people or equipment through the air, excluding

helicopters.

Airport means an airport listed in the Federal Aviation

Administration, Alaska Airman's Guide and chart supplement.

Animal means those species with a vertebral column (backbone).

Antler means one or more solid, horn-like appendages protruding

from the head of a caribou, deer, elk, or moose.

Antlered means any caribou, deer, elk, or moose having at least one

visible antler.

Antlerless means any caribou, deer, elk, or moose not having

visible antlers attached to the skull.

Bear means black bear, or brown or grizzly bear.

Bow means a longbow, recurve bow, or compound bow, excluding a

crossbow, or any bow equipped with a

[[Page 44002]]

mechanical device that holds arrows at full draw.

Broadhead means an arrowhead that is not barbed and has two or more

steel cutting edges having a minimum cutting diameter of not less than

seven-eighths inch.

Brow tine means a tine on the front portion of a moose antler,

typically projecting forward from the base of the antler toward the

nose.

Buck means any male deer.

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

Closed season means the time when wildlife may not be taken.

Cub bear means a brown or grizzly bear in its first or second year

of life, or a black bear (including cinnamon and blue phases) in its

first year of life.

Designated hunter means a Federally qualified, licensed hunter who

may take all or a portion of another Federally qualified, licensed

hunter's harvest limit(s) only under situations approved by the Board.

Edible meat means the breast meat of ptarmigan and grouse, and,

those parts of black bear, brown and grizzly bear, caribou, deer, elk,

mountain goat, moose, musk oxen, and Dall sheep that are typically used

for human consumption, which are: the meat of the ribs, neck, brisket,

front quarters as far as the juncture of the humerus and radius-ulna

(elbow), hindquarters as far as the distal joint (bottom) of the tibia-

fibula (hock) and that portion of the animal between the front and

hindquarters; however, edible meat of species listed above does not

include: meat of the head, meat that has been damaged and made inedible

by the method of taking, bones, sinew, and incidental meat reasonably

lost as a result of boning or close trimming of the bones, or viscera.

Federally-qualified subsistence user means a rural Alaska resident

qualified to harvest fish or wildlife on Federal public lands in

accordance with the Federal Subsistence Management Regulations in this

part.

Fifty-inch (50-inch) moose means a bull moose with an antler spread

of 50 inches or more.

Full curl horn means the horn of a Dall sheep ram; the tip of which

has grown through 360 degrees of a circle described by the outer

surface of the horn, as viewed from the side, or that both horns are

broken, or that the sheep is at least 8 years of age as determined by

horn growth annuli.

Furbearer means a beaver, coyote, arctic fox, red fox, lynx,

marten, mink, weasel, muskrat, river (land) otter, red squirrel, flying

squirrel, ground squirrel, marmot, wolf, or wolverine.

Grouse collectively refers to all species found in Alaska,

including spruce grouse, ruffed grouse, blue grouse and sharp-tailed

grouse.

Hare or hares collectively refers to all species of hares (commonly

called rabbits) in Alaska and includes snowshoe hare and tundra hare.

Harvest limit means the number of any one species permitted to be

taken by any one person in a Unit or portion of a Unit in which the

taking occurs.

Highway means the driveable surface of any constructed road.

Household means that group of people residing in the same

residence.

Hunting means the taking of wildlife within established hunting

seasons with archery equipment or firearms, and as authorized by a

required hunting license.

Marmot collectively refers to all species of marmot that occur in

Alaska including the hoary marmot, Alaska marmot, and the woodchuck.

Motorized vehicle means a motor-driven land, air, or water

conveyance.

Open season means the time when wildlife may be taken by hunting or

trapping; an open season includes the first and last days of the

prescribed season period.

Otter means river or land otter only, excluding sea otter.

Permit hunt means a hunt for which State or Federal permits are

issued by registration or other means.

Poison means any substance which is toxic, or poisonous upon

contact or ingestion.

Possession means having direct physical control of wildlife at a

given time or having both the power and intention to exercise dominion

or control of wildlife either directly or through another person or

persons.

Ptarmigan collectively refers to all species found in Alaska,

including white-tailed ptarmigan, rock ptarmigan, and willow ptarmigan.

Ram means a male Dall sheep.

Registration permit means a permit which authorizes hunting and is

issued to a person who agrees to the specified hunting conditions.

Hunting permitted by a registration permit begins on an announced date

and continues throughout the open season, or until the season is closed

by Board action. Registration permits are issued in the order

applications are received and/or are based on priorities as determined

by 50 CFR 100.17 and 36 CFR 242.17.

Sealing means placing a mark or tag on a portion of a harvested

animal by an authorized representative of the ADF&G; sealing includes

collecting and recording information about the conditions under which

the animal was harvested, and measurements of the specimen submitted

for sealing or surrendering a specific portion of the animal for

biological information.

Seven-eighths curl horn means the horn of a male Dall sheep, the

tip of which has grown through seven-eights (315 degrees) of a circle,

described by the outer surface of the horn, as viewed from the side, or

with both horns broken.

Skin, hide, pelt, or fur means any tanned or untanned external

covering of an animal's body; excluding bear. The skin, hide, fur, or

pelt of a bear shall mean the entire external covering with claws

attached.

Spike-fork moose means a bull moose with only one or two tines on

either antler; male calves are not spike-fork bulls.

Take or Taking means to pursue, hunt, shoot, trap, net, capture,

collect, kill, harm, or attempt to engage in any such conduct.

Tine or antler point refers to any point on an antler, the length

of which is greater than its width and is at least one inch.

Transportation means to ship, convey, carry, or transport by any

means whatever, and deliver or receive for such shipment, conveyance,

carriage, or transportation.

Trapping means the taking of furbearers within established trapping

seasons and with a required trapping license.

Unclassified wildlife or unclassified species means all species of

animals not otherwise classified by the definitions in this paragraph

(a), or regulated under other Federal law as listed in paragraph (i) of

this section.

Ungulate means any species of hoofed mammal, including deer,

caribou, elk, moose, mountain goat, Dall sheep, and musk oxen.

Unit means one of the 26 geographical areas in the State of Alaska

known as Game Management Units, or GMU, and collectively listed in this

section as Units.

Wildlife means any hare (rabbit), ptarmigan, grouse, ungulate,

bear, furbearer, or unclassified species and includes any part,

product, egg, or offspring thereof, or carcass or part thereof.

(b) Hunters may take wildlife for subsistence uses by any method,

except as prohibited in this section or by other Federal statute.

Taking wildlife for subsistence uses by a prohibited method is a

violation of this part. Seasons are closed unless opened by Federal

regulation. Hunting or trapping during a closed season or in an area

closed by this part is prohibited.

[[Page 44003]]

(1) Except for special provisions found at paragraphs (k)(1)

through (26) of this section, the following methods and means of taking

wildlife for subsistence uses are prohibited:

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

(ii) Using any poison;

(iii) Using a helicopter in any manner, including transportation of

individuals, equipment or wildlife; however, this prohibition does not

apply to transportation of an individual, gear, or wildlife during an

emergency rescue operation in a life threatening situation;

(iv) Taking wildlife from a motorized land or air vehicle, when

that vehicle is in motion or from a motor-driven boat when the boat's

progress from the motor's power has not ceased;

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

(vi) Using or being aided by use of a machine gun, set gun, or a

shotgun larger than 10 gauge;

(vii) Using a firearm other than a shotgun, muzzle-loaded rifle,

rifle or pistol using center-firing cartridges, for the taking of

ungulates, bear, wolves or wolverine, except that--

(A) An individual in possession of a valid trapping license may use

a firearm that shoots rimfire cartridges to take wolves and wolverine;

(B) Only a muzzle-loading rifle of .54-caliber or larger, or a .45-

caliber muzzle- loading rifle with a 250-grain, or larger, elongated

slug may be used to take brown bear, black bear, elk, moose, musk oxen

and mountain goat;

(viii) Using or being aided by use of a pit, fire, artificial

light, radio communication, artificial salt lick, explosive, barbed

arrow, bomb, smoke, chemical, conventional steel trap with a jaw spread

over nine inches, or conibear style trap with a jaw spread over 11

inches;

(ix) Using a snare, except that an individual in possession of a

valid hunting license may use nets and snares to take unclassified

wildlife, ptarmigan, grouse, or hares; and, individuals in possession

of a valid trapping license may use snares to take furbearers;

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

(xi) Using hooks to physically snag, impale or otherwise take

wildlife; however, hooks may be used as a trap drag;

(xii) Using a crossbow to take ungulates, bear, wolf, or wolverine

in any area restricted to hunting by bow and arrow only;

(xiii) Taking of ungulates, bear, wolf, or wolverine with a bow,

unless the bow is capable of casting a \7/8\ inch wide broadhead-tipped

arrow at least 175 yards horizontally, and the arrow and broadhead

together weigh at least one ounce (437.5 grains);

(xiv) Using bait for taking ungulates, bear, wolf, or wolverine;

except, you may use bait to take wolves and wolverine with a trapping

license, and, you may use bait to take black bears with a hunting

license as authorized in Unit-specific regulations at paragraphs (k)(1)

through (26) of this section. Baiting of black bears is subject to the

following restrictions:

(A) Before establishing a black bear bait station, you must

register the site with ADF&G;

(B) When using bait you must clearly mark the site with a sign

reading ``black bear bait station'' that also displays your hunting

license number and ADF&G assigned number;

(C) You may use only biodegradable materials for bait; you may use

only the head, bones, viscera, or skin of legally harvested fish and

wildlife for bait;

(D) You may not use bait within one-quarter mile of a publicly

maintained road or trail;

(E) You may not use bait within one mile of a house or other

permanent dwelling, or within one mile of a developed campground, or

developed recreational facility;

(F) When using bait, you must remove litter and equipment from the

bait station site when done hunting;

(G) You may not give or receive payment for the use of a bait

station, including barter or exchange of goods;

(H) You may not have more than two bait stations with bait present

at any one time;

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

(xvi) Taking or assisting in the taking of ungulates, bear, wolves,

wolverine, or other furbearers before 3:00 a.m. following the day in

which airborne travel occurred (except for flights in regularly

scheduled commercial aircraft); however, this restriction does not

apply to subsistence taking of deer;

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

(2) Wildlife taken in defense of life or property is not a

subsistence use; wildlife so taken is subject to State regulations.

(3) The following methods and means of trapping furbearers, for

subsistence uses pursuant to the requirements of a trapping license are

prohibited, in addition to the prohibitions listed at paragraph (b)(1)

of this section:

(i) Disturbing or destroying a den, except that you may disturb a

muskrat pushup or feeding house in the course of trapping;

(ii) Disturbing or destroying any beaver house;

(iii) Taking beaver by any means other than a steel trap or snare,

except that you may use firearms in certain Units with established

seasons as identified in Unit-specific regulations found in this

subpart;

(iv) Taking otter with a steel trap having a jaw spread of less

than five and seven-eighths inches during any closed mink and marten

season in the same Unit;

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

(vi) Taking beaver in the Minto Flats Management Area with the use

of an aircraft for ground transportation, or by landing within one mile

of a beaver trap or set used by the transported person;

(vii) Taking or assisting in the taking of furbearers by firearm

before 3:00 a.m. on the day following the day on which airborne travel

occurred; however, this does not apply to a trapper using a firearm to

dispatch furbearers caught in a trap or snare.

(c) Possession and transportation of wildlife. (1) Except as

specified in paragraphs (c)(3)(ii) or (c)(4) of this section, or as

otherwise provided, you may not take a species of wildlife in any Unit,

or portion of a Unit, if your total take of that species already

obtained anywhere in the State under Federal and State regulations

equals or exceeds the harvest limit in that Unit.

(2) An animal taken under Federal or State regulations by any

member of a community with an established community harvest limit for

that species counts toward the community harvest limit for that

species. Except for wildlife taken pursuant to Sec. ______.6(f)(3) or

as otherwise provided for by this part, an animal taken as part of a

community harvest limit counts toward every community member's harvest

limit for that species taken under Federal or State of Alaska

regulations.

(3) Harvest limits. (i) Harvest limits, including those related to

ceremonial uses, authorized by this section and harvest limits

established in State regulations may not be accumulated.

(ii) Wildlife taken by a designated hunter for another person

pursuant to Sec. ______.6(f)(2), counts toward the individual harvest

limit of the person for whom the wildlife is taken.

(4) The harvest limit specified for a trapping season for a species

and the harvest limit set for a hunting season for the same species are

separate and distinct. This means that if you have taken a harvest

limit for a particular species under a trapping season, you may take

additional animals under the harvest limit specified for a hunting

season or vice versa.

[[Page 44004]]

(5) A brown/grizzly bear taken in a Unit or portion of a Unit

having a harvest limit of one brown/grizzly bear per year counts

against a one brown/grizzly bear every four regulatory years harvest

limit in other Units; an individual may not take more than one brown/

grizzly bear in a regulatory year.

(6) A harvest limit applies to the number of animals that can be

taken during a regulatory year; however, harvest limits for grouse,

ptarmigan, and caribou (in some Units) are regulated by the number that

may be taken per day. Harvest limits of grouse and ptarmigan are also

regulated by the number that can be held in possession.

(7) Unless otherwise provided, any person who gives or receives

wildlife shall furnish, upon a request made by a Federal or State

agent, a signed statement describing the following: names and addresses

of persons who gave and received wildlife, the time and place that the

wildlife was taken, and identification of species transferred. Where a

qualified subsistence user has designated another qualified subsistence

user to take wildlife on his or her behalf in accordance with

Sec. ______.6, the permit shall be furnished in place of a signed

statement.

(8) A rural Alaska resident who has been designated to take

wildlife on behalf of another rural Alaska resident in accordance with

Sec. ______.6, shall promptly deliver the wildlife to that rural Alaska

resident.

(9) You may not may possess, transport, give, receive, or barter

wildlife that was taken in violation of Federal or State statutes or a

regulation promulgated thereunder.

(10) Evidence of sex and identity. (i) If subsistence take of Dall

sheep is restricted to a ram, you may not possess or transport a

harvested sheep unless both horns accompany the animal.

(ii) If the subsistence taking of an ungulate, except sheep, is

restricted to one sex in the local area, you may not possess or

transport the carcass of an animal taken in that area unless sufficient

portions of the external sex organs remain attached to indicate

conclusively the sex of the animal; however, this paragraph (c)(10)(ii)

does not apply to the carcass of an ungulate that has been butchered

and placed in storage or otherwise prepared for consumption upon

arrival at the location where it is to be consumed.

(iii) If a moose harvest limit includes an antler size or

configuration restriction, you may not possess or transport the moose

carcass or its parts unless both antlers accompany the carcass or its

parts. If you possess a set of antlers with less than the required

number of brow tines on one antler, you must leave the antlers

naturally attached to the unbroken, uncut skull plate; however, this

paragraph (c)(10)(iii) does not apply to a moose carcass or its parts

that have been butchered and placed in storage or otherwise prepared

for consumption after arrival at the place where it is to be stored or

consumed.

(11) You must leave all edible meat from caribou and moose

harvested in Units 9(B), 17, and 19(B) prior to October 1 on the bones

of the front quarters and hind quarters until you remove the meat from

the field or process it for human consumption.

(d) If you take an animal that has been marked or tagged for

scientific studies, you must, within a reasonable time, notify the

ADF&G or the agency identified on the collar or marker, when and where

the animal was taken. You also must retain any ear tag, collar, radio,

tattoo, or other identification with the hide until it is sealed, if

sealing is required; in all cases, you must return any identification

equipment to the ADF&G or to an agency identified on such equipment.

(e) Sealing of bear skins and skulls. (1) Sealing requirements for

bear shall apply to brown bears taken in all Units, except as specified

in this paragraph, and black bears of all color phases taken in Units

1-7, 11-17, and 20.

(2) You may not possess or transport from Alaska, the untanned skin

or skull of a bear unless the skin and skull have been sealed by an

authorized representative of ADF&G in accordance with State or Federal

regulations, except that the skin and skull of a brown bear taken under

a registration permit in the Western Alaska Brown Bear Management Area,

the Northwest Alaska Brown Bear Management Area, Unit 5, or Unit 9(B)

need not be sealed unless removed from the area.

(3) You must keep a bear skin and skull together until a

representative of the ADF&G has removed a rudimentary premolar tooth

from the skull and sealed both the skull and the skin; however, this

provision shall not apply to brown bears taken within the Western

Alaska Brown Bear Management Area, the Northwest Alaska Brown Bear

Management Area, Unit 5, or Unit 9(B) which are not removed from the

Management Area or Unit.

(i) In areas where sealing is required by Federal regulations, you

may not possess or transport the hide of a bear which does not have the

penis sheath or vaginal orifice naturally attached to indicate

conclusively the sex of the bear.

(ii) If the skin or skull of a bear taken in the Western Alaska

Brown Bear Management Area is removed from the area, you must first

have it sealed by an ADF&G representative in Bethel, Dillingham, or

McGrath; at the time of sealing, the ADF&G representative shall remove

and retain the skin of the skull and front claws of the bear.

(iii) If you remove the skin or skull of a bear taken in the

Northwestern Alaska Brown Bear Management Area from the area or present

it for commercial tanning within the Management Area, you must be first

have it sealed by an ADF&G representative in Barrow, Fairbanks, Galena,

Nome, or Kotzebue; at the time of sealing, the ADF&G representative

shall remove and retain the skin of the skull and front claws of the

bear.

(iv) If you remove the skin or skull of a bear taken in Unit 5 from

the area, you must first have it sealed by an ADF&G representative in

Yakutat; at the time of sealing, the ADF&G representative shall remove

and retain the skin of the skull and front claws of the bear.

(4) You may not falsify any information required on the sealing

certificate or temporary sealing form provided by the ADF&G in

accordance with State regulations.

(f) Sealing of beaver, lynx, marten, otter, wolf, and wolverine.

You may not possess or transport from Alaska the untanned skin of a

marten taken in Units 1-5, 7, 13(E), and 14-16 or the untanned skin of

a beaver, lynx, otter, wolf, or wolverine, whether taken inside or

outside the state, unless the skin has been sealed by an authorized

representative of ADF&G in accordance with State regulations.

(1) You must seal any wolf taken in Unit 2 on or before the 30th

day after the date of taking.

(2) You must leave the radius and ulna of the left foreleg

naturally attached to the hide of any wolf taken in Units 1-5 until the

hide is sealed.

(g) A person who takes a species listed in paragraph (f) of this

section but who is unable to present the skin in person, must complete

and sign a temporary sealing form and ensure that the completed

temporary sealing form and skin are presented to an authorized

representative of ADF&G for sealing consistent with requirements listed

in paragraph (f) of this section.

(h) Utilization of wildlife. (1) You may not use wildlife as food

for a dog or furbearer, or as bait, except for the following:

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

(ii) The skinned carcass of a furbearer;

(iii) Squirrels, hares (rabbits), grouse, and ptarmigan; however,

you may not

[[Page 44005]]

use the breast meat of grouse and ptarmigan as animal food or bait;

(iv) Unclassified wildlife.

(2) If you take wildlife for subsistence, you must salvage the

following parts for human use:

(i) The hide of a wolf, wolverine, coyote, fox, lynx, marten, mink,

weasel, or otter;

(ii) The hide and edible meat of a brown bear, except that the hide

of brown bears taken in the Western and Northwestern Alaska Brown Bear

Management Areas and Units 5 and 9(B) need not be salvaged;

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

(iv) The hide or meat of squirrels, hares (rabbits), marmots,

beaver, muskrats, or unclassified wildlife.

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

ptarmigan.

(4) Failure to salvage the edible meat may not be a violation if

such failure is caused by circumstances beyond the control of a person,

including theft of the harvested wildlife, unanticipated weather

conditions, or unavoidable loss to another animal.

(i) The regulations found in this section do not apply to the

subsistence taking and use of wildlife regulated pursuant to the Fur

Seal Act of 1966 (80 Stat. 1091, 16 U.S.C. 1187), the Endangered

Species Act of 1973 (87 Stat. 884, 16 U.S.C. 1531-1543), the Marine

Mammal Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361-1407), and

the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703-711), or any

amendments to these Acts. The taking and use of wildlife, covered by

these Acts, will conform to the specific provisions contained in these

Acts, as amended, and any implementing regulations.

(j) Rural residents, non-rural residents, and nonresidents not

specifically prohibited by Federal regulations from hunting or trapping

on public lands in an area, may hunt or trap on public lands in

accordance with the appropriate State regulations.

(k) Unit regulations. You may take for subsistence unclassified

wildlife, all squirrel species, and marmots in all Units, without

harvest limits, for the period of July 1-June 30. You may not take for

subsistence wildlife outside established Unit seasons, or in excess of

the established Unit harvest limits, unless otherwise provided for by

the Board. You may take wildlife under State regulations on public

lands, except as otherwise restricted at paragraphs (k)(1) through (26)

of this section. Additional Unit-specific restrictions or allowances

for subsistence taking of wildlife are identified at paragraphs (k)(1)

through (26) of this section.

(1) Unit 1. Unit 1 consists of all mainland drainages from Dixon

Entrance to Cape Fairweather, and those islands east of the center line

of Clarence Strait from Dixon Entrance to Caamano Point, and all

islands in Stephens Passage and Lynn Canal north of Taku Inlet:

(i) Unit 1(A) consists of all drainages south of the latitude of

Lemesurier Point including all drainages into Behm Canal, excluding all

drainages of Ernest Sound;

(ii) Unit 1(B) consists of all drainages between the latitude of

Lemesurier Point and the latitude of Cape Fanshaw including all

drainages of Ernest Sound and Farragut Bay, and including the islands

east of the center lines of Frederick Sound, Dry Strait (between

Sergief and Kadin Islands), Eastern Passage, Blake Channel (excluding

Blake Island), Ernest Sound, and Seward Passage;

(iii) Unit 1(C) consists of that portion of Unit 1 draining into

Stephens Passage and Lynn Canal north of Cape Fanshaw and south of the

latitude of Eldred Rock including Berners Bay, Sullivan Island, and all

mainland portions north of Chichagof Island and south of the latitude

of Eldred Rock, excluding drainages into Farragut Bay;

(iv) Unit 1(D) consists of that portion of Unit 1 north of the

latitude of Eldred Rock, excluding Sullivan Island and the drainages of

Berners Bay;

(v) In the following areas, the taking of wildlife for subsistence

uses is prohibited or restricted on public lands:

(A) Public lands within Glacier Bay National Park are closed to all

taking of wildlife for subsistence uses;

(B) Unit 1(A)--in the Hyder area, the Salmon River drainage

downstream from the Riverside Mine, excluding the Thumb Creek drainage,

is closed to the taking of bear;

(C) Unit 1(B)--the Anan Creek drainage within one mile of Anan

Creek downstream from the mouth of Anan Lake, including the area within

a one mile radius from the mouth of Anan Creek Lagoon, is closed to the

taking of black bear and brown bear;

(D) Unit 1(C):

(1) You may not hunt within one-fourth mile of Mendenhall Lake, the

U.S. Forest Service Mendenhall Glacier Visitor's Center, and the

Center's parking area;

(2) You may not take mountain goat in the area of Mt. Bullard

bounded by the Mendenhall Glacier, Nugget Creek from its mouth to its

confluence with Goat Creek, and a line from the mouth of Goat Creek

north to the Mendenhall Glacier;

(vi) You may not trap furbearers for subsistence uses in Unit 1(C),

Juneau area, on the following public lands:

(A) A strip within one-quarter mile of the mainland coast between

the end of Thane Road and the end of Glacier Highway at Echo Cove;

(B) That area of the Mendenhall Valley bounded on the south by the

Glacier Highway, on the west by the Mendenhall Loop Road and Montana

Creek Road and Spur Road to Mendenhall Lake, on the north by Mendenhall

Lake, and on the east by the Mendenhall Loop Road and Forest Service

Glacier Spur Road to the Forest Service Visitor Center;

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

Recreation Area;

(D) A strip within one-quarter mile of the following trails as

designated on U.S. Geological Survey maps: Herbert Glacier Trail,

Windfall Lake Trail, Peterson Lake Trail, Spaulding Meadows Trail

(including the loop trail), Nugget Creek Trail, Outer Point Trail, Dan

Moller Trail, Perseverance Trail, Granite Creek Trail, Mt. Roberts

Trail and Nelson Water Supply Trail, Sheep Creek Trail, and Point

Bishop Trail;

(vii) Unit-specific regulations:

(A) You may hunt black bear with bait in Units 1(A), 1(B), and 1(D)

between April 15 and June 15;

(B) You may not use boats to take ungulates, bear, wolves, or

wolverine, unless you are certified as disabled;

(C) You may take wildlife outside the seasons or harvest limits

provided in this part for food in traditional religious ceremonies

which are part of a funerary or mortuary cycle, including memorial

potlatches, if:

(1) The person organizing the religious ceremony, or designee,

contacts the appropriate Federal land management agency prior to taking

or attempting to take game and provides to the appropriate Federal land

managing agency the name of the decedent, the nature of the ceremony,

the species and number to be taken, and the Unit(s) in which the taking

will occur;

(2) The taking does not violate recognized principles of fish and

wildlife conservation;

(3) Each person who takes wildlife under this section must, as soon

as practicable, and not more than 15 days after the harvest, submit a

written report to the appropriate Federal land managing agency,

specifying the harvester's name and address, the number, sex and

species of wildlife taken, the date and locations of the

[[Page 44006]]

taking, and the name of the decedent for whom the ceremony was held;

(4) No permit or harvest ticket is required for taking under this

section; however, the harvester must be an Alaska rural resident with

customary and traditional use in that area where the harvesting will

occur;

(D) A Federally-qualified subsistence user (recipient) may

designate another Federally-qualified subsistence user to take deer on

his or her behalf unless the recipient is a member of a community

operating under a community harvest system. The designated hunter must

obtain a designated hunter permit and must return a completed harvest

report. The designated hunter may hunt for any number of recipients but

may have no more than two harvest limits in his/her possession at any

one time.

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

Harvest limits Open season

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

HUNTING

Black Bear: 2 bears, no more than Sept. 1-June 30.

one may be a blue or glacier bear.

Brown Bear: 1 bear every four Sept. 15-Dec. 31.

regulatory years by State

registration permit only.

Mar. 15-May 31.

Deer:

Unit 1(A)-4 antlered deer..... Aug. 1-Dec. 31.

Unit 1(B)-2 antlered deer..... Aug. 1-Dec. 31.

Unit 1(C)-4 deer; however, Aug. 1-Dec. 31.

antlerless deer may be taken

only from Sept. 15-Dec. 31.

Goat:

Unit 1(A)--Revillagigedo No open season.

Island only.

Unit 1(B)--that portion north Aug. 1-Dec. 31.

of LeConte Bay. 1 goat by

State registration permit

only; the taking of kids or

nannies accompanied by kids

is prohibited.

Unit 1(B)--that portion Aug. 1-Dec. 31.

between LeConte Bay and the

North Fork of Bradfield River/

Canal. 2 goats; a State

registration permit will be

required for the taking of

the first goat and a Federal

registration permit for the

taking of a second goat; the

taking of kids or nannies

accompanied by kids is

prohibited.

Unit 1(A) and Unit 1(B)-- Aug. 1-Dec. 31.

remainder--2 goats by State

registration permit only.

Unit 1(C)--that portion Oct. 1-Nov. 30.

draining into Lynn Canal and

Stephens Passage between

Antler River and Eagle

Glacier and River, and all

drainages of the Chilkat

Range south of the Endicott

River--1 goat by State

registration permit only.

Unit 1(C)--that portion No open season.

draining into Stephens

Passage and Taku Inlet

between Eagle Glacier and

River and Taku Glacier.

Unit 1(C)--remainder--1 goat Aug. 1-Nov. 30.

by State registration permit

only.

Unit 1(D)--that portion lying Sept. 15-Nov. 30.

north of the Katzehin River

and northeast of the Haines

highway--1 goat by State

registration permit only.

Unit 1(D)--that portion lying No open season.

between Taiya Inlet and River

and the White Pass and Yukon

Railroad.

Unit 1(D)--remainder--1 goat Aug. 1-Dec. 31.

by State registration permit

only.

Moose:

Unit 1(A)--1 antlered bull.... Sept. 15-Oct. 15.

Unit 1(B)--1 antlered bull Sept. 15-Oct. 15.

with spike-fork or 50-inch

antlers or 3 or more brow

tines on either antler, by

State registration permit

only.

Unit 1(C), that portion south Sept. 15-Oct. 15.

of Point Hobart including all

Port Houghton drainages--1

antlered bull with spike-fork

or 50-inch antlers or 3 or

more brow tines on either

antler, by State registration

permit only.

Unit 1(C)--remainder, Sept. 15-Oct. 15.

excluding drainages of

Berners Bay-1 antlered bull

by State registration permit

only.

Unit 1(D)..................... No open season.

Coyote: 2 coyotes................. Sept. 1-Apr. 30.

Fox, Red (including Cross, Black, Nov. 1-Feb. 15.

and Silver Phases): 2 foxes.

Hare (Snowshoe and Tundra): 5 Sept. 1-Apr. 30.

hares per day.

Lynx: 2 lynx...................... Dec. 1-Feb. 15.

Wolf: 5 wolves.................... Aug. 1-Apr. 30.

Wolverine: 1 wolverine............ Nov. 10-Feb. 15.

Grouse (Spruce, Blue, Ruffed, and Aug. 1-May 15.

Sharp-tailed): 5 per day, 10 in

possession.

Ptarmigan (Rock, Willow, and White- Aug. 1-May 15.

tailed): 20 per day, 40 in

possession.

TRAPPING

Beaver: Unit 1(A), (B), and (C)-- Dec. 1-May 15.

No limit.

Coyote: No limit.................. Dec. 1-Feb. 15.

Fox, Red (including Cross, Black, Dec. 1-Feb. 15.

and Silver Phases): No limit.

Lynx: No limit.................... Dec. 1-Feb. 15.

Marten: No limit.................. Dec. 1-Feb. 15.

Mink and Weasel: No limit......... Dec. 1-Feb. 15.

Muskrat: No limit................. Dec. 1-Feb. 15.

Otter: No limit................... Dec. 1-Feb. 15.

Wolf: No limit.................... Nov. 10-Apr. 30.

Wolverine: No limit............... Nov. 10-Apr. 30.

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

(2) Unit 2. Unit 2 consists of Prince of Wales Island and all

islands west of the center lines of Clarence Strait and Kashevarof

Passage, south and east of the center lines of Sumner Strait, and east

of the longitude of the western most point on Warren Island.

(i) Unit-specific regulations:

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

15;

(B) You may not use boats to take ungulates, bear, wolves, or

wolverine, unless you are certified as disabled;

(C) You may take wildlife outside the seasons or harvest limits

provided in this part for food in traditional religious

[[Page 44007]]

ceremonies which are part of a funerary or mortuary cycle, including

memorial potlatches, if:

(1) The person organizing the religious ceremony, or designee,

contacts the appropriate Federal land management agency prior to taking

or attempting to take game and provides to the appropriate Federal land

managing agency the name of the decedent, the nature of the ceremony,

the species and number to be taken, and the Unit(s) in which the taking

will occur;

(2) The taking does not violate recognized principles of fish and

wildlife conservation;

(3) Each person who takes wildlife under this section must, as soon

as practicable, and not more than 15 days after the harvest, submit a

written report to the appropriate Federal land managing agency,

specifying the harvester's name and address, the number, sex and

species of wildlife taken, the date and locations of the taking, and

the name of the decedent for whom the ceremony was held;

(4) No permit or harvest ticket is required for taking under this

section; however, the harvester must be an Alaska rural resident with

customary and traditional use in that area where the harvesting will

occur;

(D) A Federally-qualified subsistence user (recipient) may

designate another Federally-qualified subsistence user to take deer on

his or her behalf unless the recipient is a member of a community

operating under a community harvest system. The designated hunter must

obtain a designated hunter permit a

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