Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D1999-2000 Subsistence Taking of Fish and Wildlife Regulations
Federal RegisterJul 1, 1999
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SUMMARY: This final rule establishes 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. This rulemaking replaces 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 also amends the
Customary and Traditional Use Determinations of the Federal Subsistence
Board (Section ________.24 of Subpart C).
DATES: Section ______.24 is effective July 1, 1999. Section ________.25
is effective July 1, 1999, through June 30, 2000.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management, telephone (907) 786-3888. For questions
specific to National Forest System lands, contact Ken Thompson,
Regional Subsistence Program Manager, USDA, Forest Service, Alaska
Region, telephone (907) 271-2540.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands, unless the State of Alaska enacts
and implements laws of general applicability which are consistent with
ANILCA, and which provide for the subsistence definition, preference,
and participation specified in Sections 803, 804, and 805 of ANILCA.
The State implemented a program that the Department of the Interior
previously found to be consistent with ANILCA. However, in December
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska
that the rural preference in the State subsistence statute violated the
Alaska Constitution. The Court's ruling in McDowell required the State
to delete the rural preference from the subsistence statute, and
therefore, negated State compliance with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture (Departments) assumed, on
July 1, 1990, responsibility for implementation of Title VIII of ANILCA
on public lands. On June 29, 1990, the Temporary Subsistence Management
Regulations for Public Lands in Alaska were published in the Federal
Register (55 FR 27114-27170). Consistent with Subparts A, B, and C of
these regulations, a Federal Subsistence Board was established to
administer the Federal subsistence management program. The Board's
composition includes a Chair appointed by the Secretary of the Interior
with concurrence of the Secretary of Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service; the Alaska Regional Director,
U.S. National Park Service; the Alaska State Director, U.S. Bureau of
Land Management; the Alaska Area Director, U.S. Bureau of Indian
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through
the Board, these agencies have participated in development of
regulations for Subparts A, B, and C, and the annual Subpart D
regulations. All Board members have reviewed 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 will 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 100.1 to
100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this
rule for Secs. ________.23-________.25. Therefore, all definitions
located at 50 CFR 100.4 and 36 CFR 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
100.3(b) and 36 CFR 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, Alaska has been divided 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 public lands. The
Regional Council members represent varied
[[Page 35777]]
geographical, cultural, and user diversity within each region.
The Regional Councils have had a substantial role in reviewing the
proposed rule and making recommendations for the final rule. Moreover,
the Council Chairs, or their designated representatives, presented
their Council's recommendations at the Board meeting in May 1999.
Summary of Changes
Section ________.24 (Customary and traditional use determinations)
was originally published in the Federal Register (57 FR 22940) on May
29, 1992. Since that time, the Board has made a number of Customary and
Traditional Use Determinations at the request of effected subsistence
users. Those modifications, along with some administrative corrections,
were published in the Federal Register (59 FR 27462, published May 27,
1994; 59 FR 51855, published October 13, 1994; 60 FR 10317, published
February 24, 1995; 61 FR 39698, published July 30, 1996; 62 FR 29016,
published May 29, 1997; 63 FR 35332, published June 29, 1998; and 63 FR
46148, published August 28, 1998.) During its May 3--May 5, 1999,
meeting, the Board made additional determinations in addition to
various annual season and harvest limit changes. The public has had
extensive opportunity to review and comment on all changes. Additional
details on the recent Board modifications are contained in the section
on Analysis of Proposals Adopted by the Board.
Section ________.25 (Subpart D) regulations are subject to an
annual cycle and require development of an entire new rule each year.
Proposed Subpart D regulations for the 1999-2000 seasons and harvest
limits, and methods and means were published on August 17, 1998, in the
Federal Register (63 FR43990-44032). A 60-day comment period providing
for public review of the proposed rule and calling for proposals was
advertised by mail, radio, and newspaper. During that period the
Regional Councils met and, in addition to other Regional Council
business, received suggestions for proposals from the public. Overall,
the Board received a total of 63 proposals for change to Customary and
Traditional Use Determinations or to Subpart D. Subsequent to the 60-
day review period, the Board prepared a booklet describing the
proposals and distributed it to the public. The public had an
additional 30 days in which to comment on the proposals for changes to
the regulations. The ten Regional Councils met again, received public
comments, and formulated their recommendations to the Board on
proposals for their respective regions. Four of the proposals were
withdrawn from consideration and a request for review of the Kenai
Peninsula nonrural determinations was included for deliberation at the
May Board meeting. These final regulations reflect Board review and
consideration of Regional Council recommendations and public comments
submitted to the Board.
Section ________.26 (Subsistence taking of fish) and Section
________.27 (Subsistence taking of shellfish) were last published on
May 29, 1997, (62 FR 29016). Due to litigation and petitions to the
Secretaries of the Interior and Agriculture, both relating to extended
jurisdiction to navigable waters, the fish and shellfish regulations
are not revised, but rather, remain in effect through December 31,
1999.
Analysis of Proposals Rejected by the Board
The Board rejected 9 proposals and parts of 5 others based on
recommendations from the respective Regional Council and additional
factors.
The Board rejected six proposals requesting that customary and
traditional use determinations be revised for bear or sheep. In each
case, the cultural resource data did not substantiate the request or
the Regional Council requested rejection because the proposal adversely
impacted subsistence resource users.
Eight proposals requested establishing or expanding seasons for
moose or closing Federal lands to nonsubsistence users. These proposals
were rejected because for conservation reasons or because the moose
population in the area could support both subsistence and non-
subsistence harvest.
The Board also deferred action on 8 proposals in order to collect
additional data, or allow communities or Regional Councils additional
time to review the issues and provide additional information.
Analysis of Proposals Adopted by the Board
The Board adopted 37 proposals and parts of 5 others. Some of these
proposals were adopted as submitted and others were adopted with
modifications suggested by the respective Regional Council or developed
during the Board's public deliberations.
All of the adopted proposals were recommended for adoption by at
least one of the Regional Councils and were based on meeting customary
and traditional uses, harvest practices, or protecting wildlife
populations. Detailed information relating to justification on each
proposal may be found in the Board meeting transcripts, available for
review at the Office of Subsistence Management at the address listed
previously. Some additional changes are a result of Board actions
occurring over the past year. Additional technical clarifications and
removal of excess materials have been made which result in a more
readable document.
Southeast Region
The Board acted on one proposal affecting residents of the
Southeast Region resulting in no changes to the regulations found in
Sec. ________.24 and Sec. ________.25.
Southcentral Region
The Board acted on 22 proposals affecting residents in the
Southcentral Region resulting in the following changes to the
regulations found in Sec. ________.24 and Sec. ________.25.
Established a brown bear season in Units 11 and 13.
Revised the customary and traditional use determination
for caribou, sheep, moose, and goat in Unit 11.
Revised the customary and traditional use determination
for moose in Units 13 and 20.
Extended the season for moose in Unit 11.
Increased the harvest limit for coyotes and wolves in
Units 11 and 12.
Kodiak/Aleutians Region
The Board acted on three proposals affecting residents in the
Kodiak/Aleutians Region resulting in the following changes to the
regulations found in Sec. ________.24 and Sec. ________.25.
Revised the season for elk in Unit 8.
Established a customary and traditional use determination
for moose and brown bear in part of Unit 9.
Bristol Bay Region
The Board acted on 11 proposals affecting residents in the Bristol
Bay Region resulting in the following changes to the regulations found
in Sec. ________.24 and Sec. ________.25.
Revised the customary and traditional use determination
for brown bear in parts of Unit 9.
Closed Federal lands to non-subsistence harvest and
revised the seasons and harvest limits for caribou in part of Unit 9.
Revised the customary and traditional use determination
for caribou in Unit 17.
Extended the season for moose in part of Unit 9.
[[Page 35778]]
Yukon-Kuskokwim Delta Region
The Board acted on one proposal affecting residents of the Yukon-
Kuskokwim Delta Region resulting in no changes to the regulations found
in Sec. ________.24 and Sec. ________.25.
Western Interior Region
The Board acted on four proposals affecting residents of the
Western Interior Region resulting in the following change to the
regulations found in Sec. ________.24 and Sec. ________.25.
Revised the customary and traditional use determinations
for moose in part of Unit 19.
Seward Peninsula Region
The Board acted on two proposals affecting residents of the Seward
Peninsula Region resulting in the following change to the regulations
found in Sec. ________.24 and Sec. ________.25.
Continued a cooperative hunt program with the State for
muskox in Unit 22.
Northwest Arctic Region
The Board acted on one proposal affecting residents of the
Northwest Arctic Region resulting in the following change to the
regulations found in Sec. ________.24 and Sec. ________.25.
Continued a sheep hunting program for sheep and opened a
portion of Federal lands in Units 23 and 26.
Eastern Interior Region
The Board acted on 13 proposals affecting residents of the Eastern
Interior Region resulting in the following changes to the regulations
found in Sec. ________.24 and Sec. ________.25.
Revised the seasons and/or harvest limits for coyote,
moose, lynx, beaver, and caribou in Units 12, 20, and 25 to align with
existing State regulations.
Revised the criteria for closing the caribou season in
Units 20 and 25.
Provided for the take of moose in a portion of Unit 25 for
ceremonial use.
Established a season for brown bear in Unit 25.
North Slope Region
The Board acted on one proposal affecting residents of the North
Slope Region resulting in no changes to the regulations.
In addition, the Board adopted a policy for making individual
customary and traditional use determinations provided for in 50 CFR
100.16(a) and 36 CFR 242.16(a). Under this policy, the Board will
consider proposals for individual customary and traditional use
determinations only for National Park and Monument lands from those
persons living in resident zone communities (see 36 CFR 13.43) or those
holding a Section 13.44 subsistence use permit (see 36 CFR 13.44). The
Board will consider such proposals only during the annual proposal
cycle. Proposals for individual customary and traditional use
determinations will not be considered through the Special Action
process. In making an individual customary and traditional use
determination, the Board will use the same criteria it uses for making
decisions for communities and areas (found at 50 CFR 100.16(b) and 36
CFR 242.16(b)). Persons granted a positive individual customary and
traditional use determination will be notified in writing by the Board.
The U.S. Fish and Wildlife Service and the Superintendent of the
identified National Park or Monument will maintain a list of qualified
individuals. The Board will continue to make customary and traditional
use determinations for National Preserve lands on an area or community
basis.
The Board finds that additional public notice under the
Administrative Procedure Act (APA) for this final rule are unnecessary,
and contrary to the public interest. The Board has provided extensive
opportunity for public input and involvement over and above standard
APA requirements, including participation in multiple Regional Council
meetings, additional public review and comment on all proposals for
regulatory change, and opportunity for additional public comment during
the Board meeting prior to deliberation. Additionally, an
administrative mechanism exists (and has been used by the public) to
request reconsideration of the Board's decision on any particular
proposal for regulatory change. Over the eight years the Program has
been operating, there has been no benefit to the public demonstrated by
delaying the effective date of the regulations. A lapse in regulatory
control could seriously affect the continued viability of wildlife
populations, adversely impact future subsistence opportunities for
rural Alaskans, and would generally fail to serve the overall public
interest. Therefore, the Board finds good cause pursuant to 5 U.S.C.
553(b)(B) to waive the public notice prior to publication of this rule.
The Board finds good cause under 5 U.S.C. 553(d)(3) to make this rule
effective July 1, 1999.
Conformance with Statutory and Regulatory Authorities
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. That document
described the major issues associated with Federal subsistence
management as identified through public meetings, written comments and
staff analysis and examined the environmental consequences of the four
alternatives. Proposed regulations (Subparts A, B, and C) that would
implement the preferred alternative were included in the DEIS as an
appendix. The DEIS and the proposed administrative regulations
presented a framework for an annual regulatory cycle regarding
subsistence hunting and fishing regulations (Subpart D). The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the Federal Subsistence Board and the
Department of the Interior's Subsistence Policy Group, it was the
decision of the Secretary of the Interior, with the concurrence of the
Secretary of Agriculture, through the U.S. Department of Agriculture-
Forest Service, to implement Alternative IV as identified in the DEIS
and FEIS (Record of Decision on Subsistence Management for Federal
Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the
selected alternative in the FEIS defined the administrative framework
of an annual regulatory cycle for subsistence hunting and fishing
regulations. The final rule for Subsistence Management Regulations for
Public Lands in Alaska, Subparts A, B, and C (57 FR 22940-22964,
published May 29, 1992) implemented the Federal Subsistence Management
Program and included a framework for an annual cycle for subsistence
hunting and fishing regulations.
Compliance with Section 810 of ANILCA
The intent of all Federal subsistence regulations is to accord
subsistence uses of fish and wildlife on public lands a priority over
the taking of fish and wildlife on such lands for other purposes,
unless restriction is necessary to conserve healthy fish and wildlife
populations. A Section 810 analysis was completed as part of the FEIS
process. The final Section 810 analysis
[[Page 35779]]
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 collection of information will be achieved 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. Additional information
collection requirements may be imposed if Local Advisory Committees
subject to the Federal Advisory Committee Act are established under
Subpart B.
Other Requirements
This rule was not subject to OMB review under Executive Order
12866. Executive Order 12866 requires each agency to write regulations
that are easy to understand. We 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 to understand. Send a copy of any
comments that concern how we could make this rule easier to understand
to: USFWS, Office of Subsistence Management, Thomas H. Boyd, 1011 E.
Tudor Road, Anchorage, Alaska 99503.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations or governmental jurisdictions.
The Departments have determined that this rulemaking will not have a
significant economic effect on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act.
This rulemaking will impose no significant costs on small entities;
the exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant positive economic effect on a number of
small entities, such as ammunition, snowmachine, and gasoline dealers.
The number of small entities affected is unknown; but, the fact that
the positive effects will be seasonal in nature and will, in most
cases, merely continue preexisting uses of public lands indicates that
they will not be significant.
In general, the resources harvested under this rule will be
consumed by the local harvester and do not result in a dollar benefit
to the economy. However, it is estimated that 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. Likewise, 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 involved to any state or
local entities or tribal governments.
The Service has determined that these final 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 precludes the State from
exercising management authority over wildlife resources on Federal
lands.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible
effects on Federally recognized Indian tribes and have determined that
there are no effects. The Bureau of Indian Affairs is a participating
agency in this rulemaking.
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. Peggy Fox, Alaska State Office, Bureau of Land
Management; Sandy Rabinowitch, Alaska Regional Office, National Park
Service; Ida Hildebrand, Alaska Area Office, Bureau of Indian Affairs;
and Ken Thompson, USDA-Forest Service provided additional guidance.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
[[Page 35780]]
For the reasons set out in the preamble, the Federal Subsistence
Board amends Title 36, Part 242, and Title 50, Part 100, of the Code of
Federal Regulations, as set forth below.
PART ________--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS
IN ALASKA
1. The authority citation for both 36 CFR part 242 and 50 CFR part
100 continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart C--Board Determinations
2. In Subpart C of 36 CFR part 242 and 50 CFR part 100,
Sec. ________.24 is 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, areas, and individuals have
customary and traditional use of the specified species on Federal
public land in the specified areas. Persons granted individual
customary and traditional use determinations will be notified in
writing by the Board. The Fish & Wildlife Service and the local NPS
Superintendent will maintain the list of individuals having customary
and traditional use on National Parks and Monuments. A copy of the list
is available upon request. 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).
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.
[[Page 35781]]
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).......................... Brown Bear....... Residents of Unit
9(C).
9(D).......................... Brown Bear....... Residents of Units
9(D) and 10 (Unimak
Island).
9(E).......................... Brown Bear....... Residents of Chignik,
Chignik Lagoon,
Chignik Lake,
Egegik, Ivanof Bay,
Perryville, Pilot
Point, Ugashik, 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............ Residents of Cold
Bay, False Pass,
King Cove, Nelson
Lagoon, and Sand
Point.
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......... Brown Bear....... Residents of Units
9(D) and 10 (Unimak
Island).
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, Healy
Lake, 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, Healy
Lake, and Dot Lake.
11, remainder................. Moose............ Residents of Units
11, 13 (A)-(D), and
residents of
Chickaloon.
11, north of the Sanford River Sheep............ Residents of Unit 12
and the communities
and areas of
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Glennallen,
Gulkana, Healy Lake,
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).
[[Page 35782]]
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) and (D)................. Moose............ Residents of Unit 13
and the residents of
Chickaloon.
13(B)......................... Moose............ Residents of Units
13, 20(D) except
Fort Greely, and the
residents of
Chickaloon.
13(C)......................... Moose............ Residents of Units
12, 13 and the
residents of
Chickaloon, Healy
Lake, 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.
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.
[[Page 35783]]
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.
Unit 17(A, that portion west Caribou.......... Residents of Goodnews
of the Izaveieknik River, Bay, Platinum,
Upper Togiak Lake, Togiak Quinhagak, Eek,
Lake, and the main course of Tuntutuliak, and
the Togiak River. Napakiak.
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.
Unit 17(B), that portion of Caribou.......... Residents of Bethel,
Togiak National Wildlife Goodnews Bay,
Refuge within Unit 17(B). Platinum, Quinhagak,
Eek, Tuntutuliak,
and Napakiak.
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 35784]]
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.
Unit 19(B), west of the Moose............ Residents of Eek and
Kogrukluk River. Quinhagak.
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 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 35785]]
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.
Unit 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).
............... Residents of Unit 23.
23............................ Moose............ Residents of Unit 23
South of Kotzebue
Sound and west of
and including the
Buckland River
drainage.
[[Page 35786]]
23, south of Kotzebue Sound Muskox........... Residents of Unit 23
and west of and including the east and north of
Buckland River drainage. the Buckland River
drainage.
23, remainder................. Muskox........... Residents of Point
Lay and Unit 23
north of the Arctic
Circle.
23............................ Sheep............ Residents of Units 6,
9, 10 (Unimak Island
only), 11-13 and the
residents of
Chickaloon, and 16-
26.
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,
Willow and White-
tailed).
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)......................... Brown 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.
[[Page 35787]]
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
KOTZEBUE-NORTHERN AREA-- All finfish...... Residents of the
Northern District. Northern District,
except for those
domiciled in State
of Alaska Unit 26-B.
Kotzebue District............. Salmon, sheefish, Residents of the
char. Kotzebue District.
NORTON SOUND--PORT CLARENCE Salmon........... Residents of the
AREA. Norton 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 Kvichak
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).
KODIAK 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 Island,
Elrington Island,
Latouche Island and
adjacent islands.
PRINCE WILLIAM SOUND AREA-- Salmon........... Residents of the
North of a line from villages of Tatitlek
Porcupine Point to Granite and Ellamar.
Point, and south of a line
from Point Lowe to Tongue
Point.
YAKUTAT 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 to 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 in 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.
[[Page 35788]]
District 3--Section 3-A....... Salmon and Dolly Residents of the
Varden char. townsite of
Hydaburg.
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 Salmon 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.
------------------------------------------------------------------------
(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 added 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 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.
[[Page 35789]]
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.
(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
[[Page 35790]]
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.
(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
[[Page 35791]]
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 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 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
[[Page 35792]]
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 ma
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