Subsistence Management Regulations for Public Lands in Alaska-2008-09 and 2009-10 Subsistence Taking of Wildlife Regulations
Federal RegisterJun 24, 2008
Ask Donna
What actually matters in this document.
Text
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[FWS-R7-SM-2008-0020; 70101-1261-0000L6]
RIN 1018-AV69
Subsistence Management Regulations for Public Lands in Alaska—2008-09 and 2009-10 Subsistence Taking of Wildlife Regulations
AGENCIES:
Forest Service, Agriculture; Fish and Wildlife Service, Interior.
ACTION:
Final rule.
SUMMARY:
This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2008-09 and 2009-10 regulatory years. These regulations have been subject to an annual public review cycle, but starting in 2008 the Federal Subsistence Management Program will provide a public review process for subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years. The Program will also address customary and traditional use determinations during the applicable biennial cycle. This cycle adjustment does not affect the public's ability to submit special action requests or requests for reconsideration, as outlined in the regulations. This rulemaking replaces the subpart D subsistence taking of wildlife taking regulations which expire June 30, 2008. This rule also amends the customary and traditional use determinations of the Federal Subsistence Board.
DATES:
Sections __.24(a)(1) and __.25 are effective July 1, 2008. Section __.26 is effective July 1, 2008, through June 30, 2010.
ADDRESSES:
The Board meeting transcripts are available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, Alaska 99503, or on the Office of Subsistence Management Web site (
http://alaska.fws.gov/asm/home.html
).
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of Subsistence Management; (907) 786-3888. For questions specific to National Forest System lands, contact Steve Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 786-3592.
SUPPLEMENTARY INFORMATION:
Background
In title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that “the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses. * * *” and that “continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened. * * *” As a result, title VIII requires, among other things, 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 Federal public lands and waters in Alaska, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that 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 its 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, on July 1, 1990, the Department of the Interior and the Department of Agriculture (Departments) assumed responsibility for implementation of title VIII of ANILCA on public lands and waters. In anticipation of carrying out this responsibility, the Departments published temporary subsistence management regulations for public lands in Alaska in the
Federal Register
on June 29, 1990 (55 FR 27114). Because the State was unable to create a program in compliance with title VIII, the Departments published final subsistence management regulations in the
Federal Register
in 1992 (57 FR 22940, May 29, 1992).
As a result of this joint process between Interior and Agriculture, these regulations can be found in two titles of the Code of Federal Regulations (CFR): Title 36, “Parks, Forests, and Public Property,” and title 50, “Wildlife and Fisheries,” at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively. The regulations contain subparts as follows: subpart A, General Provisions; subpart B, Program Structure; subpart C, Board Determinations; and subpart D, Subsistence Taking of Fish and Wildlife. Throughout this document, a reference to a specific CFR section that is preceded by an underscore (e.g., § __.24) means that that section appears in both 36 CFR 242 and 50 CFR 100.
Consistent with subparts A, B, and C of these regulations, as revised May 7, 2007 (72 FR 25688), the Departments established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board's composition includes:
• A Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture;
• The Alaska Regional Director, U.S. Fish and Wildlife Service;
• The Alaska Regional Director, U.S. National Park Service;
• The Alaska State Director, U.S. Bureau of Land Management;
• The Alaska Regional Director, U.S. Bureau of Indian Affairs; and
• The Alaska Regional Forester, U.S. Forest Service.
Through the Board, these agencies participate in the development of regulations for subparts A and B, which set forth and guide the program, subpart C, which addresses Board determinations, and subpart D, which covers subsistence taking of fish and wildlife.
Federal Subsistence Regional Advisory Councils
The Federal subsistence management regulations divide Alaska into 10 subsistence resource regions, each of which is represented by a Federal Subsistence Regional Advisory Council (Regional Council) (36 CFR 242.11 and 50 CFR 100.11). The Regional Councils provide a forum for rural residents, who have 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 and waters. The Regional Council members represent varied geographical, cultural, social, and user diversity within each region.
These regulations have been subject to an annual public review cycle, but
starting in 2008 the Federal Subsistence Management Program will provide a public review process for subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years. The Program will also address customary and traditional use determinations during the applicable biennial cycle. This cycle adjustment does not affect the public's ability to submit special action requests or requests for reconsideration, as outlined in the regulations. Section __.24 (customary and traditional use determinations) was originally published in the
Federal Register
on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 and 50 CFR 100.4 define “customary and traditional use” as “a long-established, consistent pattern of use, incorporating beliefs and customs which have been transmitted from generation to generation. * * *” Since that time, the Board has made a number of customary and traditional use determinations at the request of impacted subsistence users. Those modifications, along with some administrative corrections, were published in the
Federal Register
as follows:
Modifications to § __.24.
[These regulations appear in both 36 CFR 242 and 50 CFR 100]
Federal Register
citation:
Date of publication:
Rule made changes to the following provisions of __.24:
59 FR 27462
May 27, 1994
Wildlife and Fish/Shellfish.
59 FR 51855
October 13, 1994
Wildlife and Fish/Shellfish.
60 FR 10317
February 24, 1995
Wildlife and Fish/Shellfish.
61 FR 39698
July 30, 1996
Wildlife and Fish/Shellfish.
62 FR 29016
May 29, 1997
Wildlife and Fish/Shellfish.
63 FR 35332
June 29, 1998
Wildlife and Fish/Shellfish.
63 FR 46148
August 28, 1998
Wildlife and Fish/Shellfish.
64 FR 1276
January 8, 1999
Fish/Shellfish.
64 FR 35776
July 1, 1999
Wildlife.
65 FR 40730
June 30, 2000
Wildlife.
66 FR 10142
February 13, 2001
Fish/Shellfish.
66 FR 33744
June 25, 2001
Wildlife.
67 FR 5890
February 7, 2002
Fish/Shellfish.
67 FR 43710
June 28, 2002
Wildlife.
68 FR 7276
February 12, 2003
Fish/Shellfish.
Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use determinations.
69 FR 5018
February 3, 2004
Fish/Shellfish.
69 FR 40174
July 1, 2004
Wildlife.
70 FR 13377
March 21, 2005
Fish/Shellfish.
70 FR 36268
June 22, 2005
Wildlife.
71 FR 15569
March 29, 2006
Fish/Shellfish.
71 FR 37642
June 30, 2006
Wildlife.
72 FR 12676
March 16, 2007
Fish/Shellfish.
Note: The Board met December 11-13, 2007, but did not make any additional customary and traditional use determinations.
72 FR 73426
December 27, 2007
Wildlife/Fish.
Current Rule
The Departments published a proposed rule on April 17, 2008 (73 FR 20884), to amend subparts C and D of 36 CFR 242 and 50 CFR 100. The Departments advertised the proposed rule by mail, radio, and newspaper. During the comment period, the Regional Councils met and, in addition to other Regional Council business, received suggestions for proposals from the public. The Board received 41 proposals for changes to subparts C and D. In addition, 13 Board-deferred proposals were brought forward for a total of 54 proposals. After the proposal period closed, the Board prepared a booklet describing the proposals that was distributed to the public; this booklet was also available online. Once the booklet was distributed, the public had an additional 30 days in which to comment on the proposals for changes to the regulations.
The 10 Regional Councils met a second time to receive public comments and formulated their recommendations to the Board on proposals affecting their respective regions. The Regional Councils had a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, a Council Chair, or a designated representative, presented each Council's recommendations at the Board meeting of April 29-May 1, 2008. These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. The public has had extensive opportunity to review and comment on all changes.
Of the 54 proposals, the Board adopted 23, rejected 25, and deferred 6. Of the 23 adopted proposals, 15 were with modifications; of the 25 rejected proposals, 1 was based on action that the Board had taken on previous related proposals. The Board deferred 6 proposals to allow collection of additional information or to allow for working groups to meet and provide clarification.
Detailed information relating to justification for the action on each proposal may be found in the Board meeting materials and transcripts, available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, Alaska 99503, or on the Office of Subsistence Management Web site (
http://alaska.fws.gov/asm/home.html
).
Summary of Proposals Rejected or Deferred by the Board
The Board rejected or deferred 31 proposals. The rejected proposals were recommended for rejection by one or more of the Regional Councils.
The Board rejected a statewide proposal to extend wolf hunting and trapping seasons, increase the harvest limits, and remove restrictions on disturbing or destroying wolf dens because of a concern that the proposal violates recognized principles of wildlife conservation.
The Board deferred a proposal to remove unit-specific regulations related to the statewide sale of brown bear handicrafts made of skin, hide, pelt or fur and then limit the sale of brown bear handicrafts made of claws, bones, teeth, sinew, or skulls to occur only between Federally qualified subsistence users. This deferment will allow creation of a working group to address the feasibility of marking and tracking bear claws.
The Board deferred a proposal to recognize customary and traditional use of moose by rural residents of Units 1C and 1D and establish a season and harvest limit for moose in the Berners Bay drainages. The deferment will allow additional time to analyze customary and traditional use of Unit 1C moose by rural residents of Units 1-5.
The Board rejected a proposal to change the subsistence allocation for moose in Unit 6C as unnecessarily restrictive for subsistence users.
The Board rejected two proposals to change the salvage requirements for brown bear in Unit 11 because of a lack of substantial evidence for customary and traditional practices specific to the proposals.
The Board rejected two proposals to eliminate the late fall Federal moose seasons in Units 15B and 15C because current regulations address conservation concerns and this proposal would be unnecessarily restrictive for subsistence users.
The Board rejected three proposals to turn in or destroy the trophy value of moose antlers in Unit 15 because of a concern that these proposals are unnecessarily restrictive for subsistence users.
The Board deferred two proposals for moose in Units 9B and 9C; one proposal would shorten the Federal subsistence season in Unit 9B, and the other would close Federal public lands in Unit 9B and a portion of Unit 9C to the taking of moose by non-Federally qualified subsistence users. This deferment will allow additional time for stakeholders to address alternate solutions to resolve concerns regarding the current moose population and harvest levels.
The Board rejected a proposal to add Unit 11 to the list of units that can use brown bear parts for handicrafts for sale. The Board has consistently emphasized that regulations for brown bear handicrafts are not appropriate as statewide regulations and should be adopted only for those regions where it has been a traditional practice. The Southcentral Alaska Regional Advisory Council reiterated its opposition to the sale of brown bear handicrafts in Unit 11.
The Board rejected a proposal that would have added Kachemak-Selo, Razdolna, and Voznesenka to the customary and traditional use determination for moose in Units 15B and 15C. Insufficient information was available to evaluate these communities' customary and traditional use of moose.
The Board rejected a proposal to close Federal public land in a portion of Unit 18 to non-Federally qualified users to hunt moose. The Board found that the proposal was not supported by substantial evidence. Because of the current status of the moose population, ANILCA section 815.3 does not allow the proposed closure.
Based on conservation concerns, the Board rejected a proposal to establish a moose season in a portion of Unit 19A.
The Board rejected two proposals requesting customary and traditional use determinations for ground squirrel and porcupine in Unit 22 by residents of Unit 22. Current Federal subsistence regulations list these animals as unclassified wildlife. The Board does not make customary and traditional use determinations for unclassified wildlife.
Because of Board action on other proposals, the Board rejected a proposal on designated hunters in Unit 22A.
The Board rejected nine proposals for customary and traditional use determinations for residents of Unit 22 for beaver, Arctic fox, red fox, hare, lynx, marten, wolverine, grouse, and ptarmigan in Unit 22. These proposals were rejected because they would be detrimental to the satisfaction of subsistence needs by those residing in surrounding units. Rejection of these proposals has no effect on subsistence users in Unit 22 or surrounding units.
The Board deferred two proposals that would have changed the time period for aircraft flight restrictions over the Noatak Controlled Use Area. These proposals were deferred to allow a working group to present alternate courses of actions or recommendations concerning the Noatak Controlled Use Area.
Summary of Proposals Adopted by the Board
The Board adopted 23 proposals. Some of these proposals were adopted as submitted. Others were adopted with modifications suggested by the respective Regional Council, modifications developed during the analysis process, or modifications developed during the Board's public deliberations.
All of the adopted proposals were recommended for adoption by at least one of the Regional Councils, although further modifications were made to some during Board deliberations, and were based on customary and traditional uses or harvest practices, or on protecting wildlife populations.
Southeast Alaska
The Board adopted a proposal associated with deer harvest in Units 1B and 3. The modified proposal allows the Petersburg District Ranger to announce a December season in Unit 3, remainder and to close the seasons in Units 1B and 3 based on conservation concerns.
Southcentral Alaska
The Board adopted two proposals extending the Unit 11 wolverine trapping season and modified it to align that season with the lynx trapping season.
The Board adopted a proposal with modifications to lengthen the goat season in a portion of Unit 11 that is bounded by the Chitina and Nizina rivers on the south, the Kennicott River and glacier on the southeast, and the Root Glacier on the east.
The Board adopted a proposal with a modification to establish a muskrat hunting season in Unit 11.
The Board adopted a proposal with modifications to allow for the harvest of 5 deer in Unit 6D by the Native Village of Chenega for an annual memorial event.
The Board adopted a proposal with modifications to allow for the harvest of 5 deer in Unit 6D by the Tatitlek IRA Council for their annual cultural heritage week.
The Board adopted a proposal with a modification to allow a designated hunter to harvest a goat in Unit 6D on behalf of a Federally qualified user who is either blind, 65 years of age or older, at least 70% disabled, or temporarily disabled.
The Board adopted a proposal to expand the beaver trapping season in Unit 11 and change the harvest limit to “no limit”.
The Board adopted a proposal to re-establish a Federal registration permit
for moose in that portion of Denali National Preserve in Unit 16B remainder.
The Board adopted a proposal with modifications to recognize a customary and traditional use determination for moose by residents of Cooper Landing in Units 7 and 15A and 15B and establish a season and harvest limit in Unit 7.
Bristol Bay
The Board adopted a proposal with modification to recognize a customary and traditional use determination for brown bear for residents of Igiugig, Kakhonak, and Levelock in Unit 9C and establish a season and harvest limit by Federal registration permit.
The Board adopted a proposal with modification to more clearly define who is eligible to participate in the resident zone subsistence brown bear hunt in Unit 9B.
The Board adopted a proposal to include residents of Units 9A, 9B, 9C, 9E, and 17 in the general provisions allowing designated hunter provisions for deer, moose, and caribou.
The Board adopted a proposal for Unit 9 to require that all edible meat of moose and caribou remain on the bone until the meat is removed from the field or is processed for human consumption.
Kodiak Aleutians
The Board adopted two proposals focused on caribou in Units 9D and 10. In Unit 9D the Federal season was closed due to a low caribou population, and in Unit 10, the harvest limit was reduced because of a caribou population decline.
Yukon-Kuskokwim Delta
The Board adopted a proposal with modification to establish a moose season in Unit 18 in the Goodnews River drainage, and south to the unit boundary.
Seward Peninsula
The Board adopted two proposals with modifications to remove a closure to moose hunting in Unit 22A only for residents of Unalakleet, and to establish a season for those residents.
Northwest Arctic
The Board adopted a proposal to add Unit 23 to the list of areas from which the skin, hide, pelt or fur, including claws of brown bears can be used to make handicrafts for sale.
North Slope
The Board adopted a proposal with modification to add Unit 26 and a portion of Unit 24B to the list of areas from which the skin, hide, pelt or fur, including claws of brown bears can be used to make handicrafts for sale.
The Board adopted a proposal with modification for moose in Unit 26C and portions of Unit 26B to adjust the harvest requirement from bulls to antlered bulls. Other proposed changes violated principles of wildlife conservation.
These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. All Board members have reviewed this rule and agree with its substance. Because this rule concerns 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.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act 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. Therefore, we believe that sufficient public notice has been given to affected persons about the Board decisions.
In the more than 18 years the Program has been operating, no benefit to the public has been demonstrated by delaying the effective date of the subsistence regulations. A lapse in regulatory control could affect the continued viability of fish or wildlife populations and 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(d)(3) to make this rule effective upon the date set forth in
DATES
to ensure continued operation of the subsistence program.
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) 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 analyses and examined the environmental consequences of 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 a 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 comments received, the analysis contained in the FEIS, and the recommendations of the Federal Subsistence Board and the Department of the Interior's Subsistence Policy Group, the Secretary of the Interior, with the concurrence of the Secretary of Agriculture, through the U.S. Department of Agriculture-Forest Service, implemented 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 a 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, implemented the Federal Subsistence Management Program and included a framework for a regulatory cycle for the subsistence taking of wildlife and fish. The following
Federal Register
documents pertain to this rulemaking:
Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents Pertaining to the Final Rule
Federal Register
citation
Date of publication
Category
Details
57 FR 22940
May 29, 1992
Final Rule
“Subsistence Management Regulations for Public Lands in Alaska; Final Rule” was published in the
Federal Register
.
64 FR 1276
January 8, 1999
Final Rule
Amended the regulations to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsistence Board's management to all Federal lands selected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an Alaska Native Corporation. Specified and clarified the Secretaries' authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority.
66 FR 31533
June 12, 2001
Interim Rule
Expanded the authority that the Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings.
67 FR 30559
May 7, 2002
Final Rule
Amended the operating regulations in response to comments on the June 12, 2001, interim rule. Also corrected some inadvertent errors and oversights of previous rules.
68 FR 7703
February 18, 2003
Direct Final Rule
Clarified how old a person must be to receive certain subsistence use permits and removed the requirement that Regional Councils must have an odd number of members.
68 FR 23035
April 30, 2003
Affirmation of Direct Final Rule
Because no adverse comments were received on the direct final rule (67 FR 30559), the direct final rule was adopted.
69 FR 60957
October 14, 2004
Final Rule
Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of “regulatory year” from subpart A to subpart D of the regulations.
70 FR 76400
December 27, 2005
Final Rule
Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands.
71 FR 49997
August 24, 2006
Final Rule
Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in the regulations.
72 FR 25688
May 7, 2007
Final Rule
Revised nonrural determinations.
An environmental assessment was prepared in 1997 on the expansion of Federal jurisdiction over fisheries and is available from the office listed under
FOR FURTHER INFORMATION CONTACT
. The Secretary of the Interior with the concurrence of the Secretary of Agriculture determined that the expansion of Federal jurisdiction did not constitute a major Federal action significantly affecting the human environment and, therefore, signed a Finding of No Significant Impact.
Compliance With Section 810 of ANILCA
The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. A Section 810 analysis was completed as part of the FEIS process. The final Section 810 analysis determination appeared in the April 6, 1992, ROD, which concluded that the Federal Subsistence Management Program may have some local impacts on subsistence uses, but the program is not likely to significantly restrict subsistence uses.
Paperwork Reduction Act
This rule does not contain any new information collection requirements that need Office of Management and Budget (OMB) approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule applies to the use of public lands in Alaska. The information collection requirements described in this rule are already approved by OMB and have been assigned control number 1018-0075, which expires October 31, 2009. We may not conduct or sponsor and you are not required to respond to a collection of information request unless it displays a currently valid OMB control number.
Other Requirements
Economic Effects—The Office of Management and Budget (OMB) has determined that this rule is not significant under Executive Order 12866 (E.O. 12866). OMB bases its determination upon the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal agencies' actions.
(c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.
) requires preparation of regulatory flexibility analyses for rules that will have a significant economic 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 sporting goods, ammunition, and gasoline dealers. The number of small entities affected is unknown; however, 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 the effects will not be significant.
This rule benefits those participants who engage in the subsistence harvest of fish and wildlife in Alaska in two identifiable ways: First, participants get the consumptive value of the food harvested, and second, participants get the cultural benefit associated with the maintenance of a subsistence lifestyle. We can estimate the consumptive value for fish and wildlife harvested under this rule but can place no dollar value on the maintenance of a subsistence lifestyle. However, we estimate that 8.7 million pounds of wildlife are harvested by the local subsistence users annually and, if based on a replacement value of $5.00 per pound, would equate to $43.5 million in food value Statewide. The cultural benefits of maintaining a subsistence lifestyle can also be of considerable value to the participants.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a subsistence priority on public lands. The scope of this program is limited by definition to certain public lands. Likewise, these regulations have no potential implications for takings of private property as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Service has determined and certifies pursuant to the Unfunded Mandates Reform 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 no cost is involved to any State or local entities or Tribal governments.
Executive Order 12988
The Service has determined that these regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988 on Civil Justice Reform.
Executive Order 13132
In accordance with Executive Order 13132, 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 subsistence management authority over fish and wildlife resources on Federal lands unless the State's program is compliant with the requirements of that title.
Relations With Native American Tribal Governments
In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), 512 DM 2, and E.O. 13175, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no significant direct effects. The Bureau of Indian Affairs is a participating agency in this rulemaking.
Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, or use. This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. As this rule is not a significant regulatory action under Executive Order 13211, affecting energy supply, distribution, or use, no Statement of Energy Effects is required.
Drafting Information—Theo Matuskowitz drafted these regulations under the guidance of Peter J. Probasco of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional assistance was provided by
• Elijah Waters, Alaska State Office, Bureau of Land Management;
• Sandy Rabinowitch, Alaska Regional Office, National Park Service;
• Dr. Warren Eastland, Alaska Regional Office, Bureau of Indian Affairs;
• Jerry Berg and Carl Jack, Alaska Regional Office, U.S. Fish and Wildlife Service; and
• Steve Kessler, Alaska Regional Office, U.S. Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife.
Regulation Promulgation
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, §_.24(a)(1) is revised to read as follows:
§_.24
Customary and traditional use determinations.
(a) * * *
(1)
Wildlife determinations.
The rural Alaska residents of the listed communities and areas have a customary and traditional use of the specified species on Federal public lands within the listed areas:
Area
Species
Determination
Unit 1C
Black Bear
Residents of Unit 1C, 1D, 3, Hoonah, Pelican, Point Baker, Sitka, and Tenakee Springs.
Unit 1A
Brown Bear
Residents of Unit 1A, except no subsistence for residents of Hyder.
Unit 1B
Brown Bear
Residents of Unit 1A, Petersburg, and Wrangell, except no subsistence for residents of Hyder.
Unit 1C
Brown Bear
Residents of Unit 1C, Haines, Hoonah, Kake, Klukwan, Skagway, and Wrangell, except no subsistence for residents of Gustavus.
Unit 1D
Brown Bear
Residents of 1D.
Unit 1A
Deer
Residents of Units 1A and 2.
Unit 1B
Deer
Residents of Units 1A, 1B, 2, and 3.
Unit 1C
Deer
Residents of 1C, 1D, Hoonah, Kake, and Petersburg.
Unit 1D
Deer
No Federal subsistence priority.
Unit 1B
Goat
Residents of Units 1B and 3.
Unit 1C
Goat
Residents of Haines, Kake, Klukwan, Petersburg, and Hoonah.
Unit 1B
Moose
Residents of Units 1, 2, 3, and 4.
Unit 1C Berners Bay
Moose
No Federal subsistence priority.
Unit 1D
Moose
Residents of Unit 1D.
Unit 2
Deer
Residents of Unit 1A, 2, and 3.
Unit 3
Deer
Residents of Unit 1B, 3, Port Alexander, Port Protection, Pt. Baker, and Meyer's Chuck.
Unit 3, Wrangell and Mitkof Islands
Moose
Residents of Units 1B, 2, and 3.
Unit 4
Brown Bear
Residents of Unit 4 and Kake.
Unit 4
Deer
Residents of Unit 4, Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan, Port Protection, Wrangell, and Yakutat.
Unit 4
Goat
Residents of Sitka, Hoonah, Tenakee, Pelican, Funter Bay, Angoon, Port Alexander, and Elfin Cove.
Unit 5
Black Bear
Residents of Unit 5A.
Unit 5
Brown Bear
Residents of Yakutat.
Unit 5
Deer
Residents of Yakutat.
Unit 5
Goat
Residents of Unit 5A.
Unit 5
Moose
Residents of Unit 5A.
Unit 5
Wolf
Residents of Unit 5A.
Unit 6A
Black Bear
Residents of Yakutat and Unit 6C and 6D, except no subsistence for Whittier.
Unit 6, remainder
Black Bear
Residents of Unit 6C and 6D, except no subsistence for Whittier.
Unit 6
Brown Bear
No Federal subsistence priority.
Unit 6A
Goat
Residents of Unit 5A, 6C, Chenega Bay, and Tatitlek.
Unit 6C and Unit 6D
Goat
Residents of Unit 6C and D.
Unit 6A
Moose
Residents of Units 5A, 6A, 6B and 6C.
Unit 6B and Unit 6C
Moose
Residents of Units 6A, 6B and 6C.
Unit 6D
Moose
No Federal subsistence priority.
Unit 6A
Wolf
Residents of Units 5A, 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 6, remainder
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 7
Brown Bear
No Federal subsistence priority.
Unit 7
Caribou
No Federal subsistence priority.
Unit 7, Brown Mountain hunt area
Goat
Residents of Port Graham and Nanwalek.
Unit 7, that portion draining into Kings Bay
Moose
Residents of Chenega Bay, Cooper Landing, and Tatitlek.
Unit 7, remainder
Moose
Residents of Cooper Landing.
Unit 7
Sheep
No Federal subsistence priority.
Unit 7
Ruffed Grouse
No Federal subsistence priority.
Unit 8
Brown Bear
Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and Port Lions.
Unit 8
Deer
Residents of Unit 8.
Unit 8
Elk
Residents of Unit 8.
Unit 8
Goat
No Federal subsistence priority.
Unit 9D
Bison
No Federal subsistence priority.
Unit 9A and Unit 9B
Black Bear
Residents of Units 9A, 9B, 17A, 17B, and 17C.
Unit 9A
Brown Bear
Residents of Pedro Bay.
Unit 9B
Brown Bear
Residents of Unit 9B.
Unit 9C
Brown Bear
Residents of Unit 9C, Igiugig, Kakhonak, and Levelock.
Unit 9D
Brown Bear
Residents of Units 9D and 10 (Unimak Island).
Unit 9E
Brown Bear
Residents of Chignik, Chignik Lagoon, Chignik Lake, Egegik, Ivanof Bay, Perryville, Pilot Point, Ugashik, and Port Heiden/Meshik.
Unit 9A and Unit 9B
Caribou
Residents of Units 9B, 9C, and 17.
Unit 9C
Caribou
Residents of Unit 9B, 9C, 17, and Egegik.
Unit 9D
Caribou
Residents of Unit 9D, Akutan, and False Pass.
Unit 9E
Caribou
Residents of Units 9B, 9C, 9E, 17, Nelson Lagoon and Sand Point.
Unit 9A, Unit 9B, Unit 9C and Unit 9E
Moose
Residents of Unit 9A, 9B, 9C, and 9E.
Unit 9D
Moose
Residents of Cold Bay, False Pass, King Cove, Nelson Lagoon, and Sand Point.
Unit 9B
Sheep
Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and residents of Lake Clark National Park and Preserve within Unit 9B.
Unit 9, remainder
Sheep
No determination.
Unit 9
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 9A, Unit B, Unit C, & Unit E
Beaver
Residents of Units 9A, 9B, 9C, 9E, and 17.
Unit 10 Unimak Island
Brown Bear
Residents of Units 9D and 10 (Unimak Island).
Unit 10 Unimak Island
Caribou
Residents of Akutan, False Pass, King Cove, and Sand Point.
Unit 10, remainder
Caribou
No determination.
Unit 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.
Unit 11, north of the Sanford River
Black Bear
Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12.
Unit 11, remainder
Black Bear
Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Unit 11.
Unit 11, north of the Sanford River
Brown Bear
Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12.
Unit 11, remainder
Brown Bear
Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Unit 11.
Unit 11, north of the Sanford River
Caribou
Residents of Units 11, 12, 13A-D, Chickaloon, Healy Lake, and Dot Lake.
Unit 11, remainder
Caribou
Residents of Units 11, 13A-D, and Chickaloon.
Unit 11
Goat
Residents of Unit 11, Chitina, Chistochina, Copper Center, Gakona, Glennallen, Gulkana, Mentasta Lake, Slana, Tazlina, Tonsina, and Dot Lake.
Unit 11, north of the Sanford River
Moose
Residents of Units 11, 12, 13A-D, Chickaloon, Healy Lake, and Dot Lake.
Unit 11, remainder
Moose
Residents of Units 11, 13A-D, and Chickaloon.
Unit 11, north of the Sanford River
Sheep
Residents of Unit 12, Chistochina, Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana, Healy Lake, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, Tonsina, residents along the Nabesna Road—Milepost 0-46 (Nabesna Road), and residents along the McCarthy Road—Milepost 0-62 (McCarthy Road).
Unit 11, remainder
Sheep
Residents of Chisana, Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, 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).
Unit 11
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 11
Grouse (Spruce, Blue, Ruffed and Sharp-tailed)
Residents of Units 11, 12, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.
Unit 11
Ptarmigan (Rock, Willow and White-tailed)
Residents of Units 11, 12, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.
Unit 12
Brown Bear
Residents of Unit 12, Dot Lake, Chistochina, Gakona, Mentasta Lake, and Slana.
Unit 12
Caribou
Residents of Unit 12, Dot Lake, Healy Lake, and Mentasta Lake.
Unit 12, that portion within the Tetlin National Wildlife Refuge and those lands within the Wrangell-St. Elias National Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian border to Pickerel Lake
Moose
Residents of Unit 12, 13C, Dot Lake, and Healy Lake.
Unit 12, that portion east of the Nabesna River and Nabesna Glacier, and south of the Winter Trail running southeast from Pickerel Lake to the Canadian border
Moose
Residents of Unit 12, 13C, and Healy Lake.
Unit 12, remainder
Moose
Residents of Unit 11 north of 62nd parallel, Unit 12, 13A-D and the residents of Chickaloon, Dot Lake, and Healy Lake.
Unit 12
Sheep
Residents of Unit 12, Chistochina, Dot Lake, Healy Lake, and Mentasta Lake.
Unit 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 and Slana.
Unit 13B
Caribou
Residents of Units 11, 12 (along the Nabesna Road), 13, residents of Unit 20D except Fort Greely, and the residents of Chickaloon.
Unit 13C
Caribou
Residents of Units 11, 12 (along the Nabesna Road), 13, Chickaloon, Dot Lake and Healy Lake.
Unit 13A and Unit 13D
Caribou
Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon.
Unit 13E
Caribou
Residents of Units 11, 12 (along the Nabesna Road), 13, Chickaloon, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239 (except no subsistence for residents of Denali National Park headquarters).
Unit 13D
Goat
No Federal subsistence priority.
Unit 13A and Unit 13D
Moose
Residents of Unit 13, Chickaloon, and Slana.
Unit 13B
Moose
Residents of Units 13, 20D except Fort Greely, and the residents of Chickaloon and Slana.
Unit 13C
Moose
Residents of Units 12, 13, and the residents of Chickaloon, Healy Lake, Dot Lake and Slana.
Unit 13E
Moose
Residents of Unit 13, Chickaloon, McKinley Village, Slana, and the area along the Parks Highway between mileposts 216 and 239 (except no subsistence for residents of Denali National Park headquarters).
Unit 13D
Sheep
No Federal subsistence priority.
Unit 13
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 13
Grouse (Spruce, Blue, Ruffed & Sharp-tailed)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 & 23.
Unit 13
Ptarmigan (Rock, Willow and White-tailed)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 & 23.
Unit 14C
Brown Bear
No Federal subsistence priority.
Unit 14
Goat
No Federal subsistence priority.
Unit 14
Moose
No Federal subsistence priority.
Unit 14A and Unit 14C
Sheep
No Federal subsistence priority.
Unit 15A and Unit 15B
Black Bear
Residents of Ninilchik.
Unit 15C
Black Bear
Residents of Ninilchik, Port Graham, and Nanwalek.
Unit 15C
Brown Bear
Residents of Ninilchik.
Unit 15, remainder
Brown Bear
No Federal subsistence priority.
Unit 15A and Unit 15B
Moose
Residents of Cooper Landing, Ninilchik, Nanwalek, Port Graham, and Seldovia.
Unit 15C
Moose
Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia.
Unit 15
Sheep
No Federal subsistence priority.
Unit 15
Ptarmigan (Rock, Willow and White-tailed)
Residents of Unit 15.
Unit 15
Grouse (Spruce)
Residents of Unit 15.
Unit 15
Grouse (Ruffed)
No Federal subsistence priority.
Unit 16B
Black Bear
Residents of Unit 16B.
Unit 16
Brown Bear
No Federal subsistence priority.
Unit 16A
Moose
No Federal subsistence priority.
Unit 16B
Moose
Residents of Unit 16B.
Unit 16
Sheep
No Federal subsistence priority.
Unit 16
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 16
Grouse (Spruce and Ruffed)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.
Unit 16
Ptarmigan (Rock, Willow and White-tailed)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22 and 23.
Unit 17A and that portion of 17B draining into Nuyakuk Lake and Tikchik Lake
Black Bear
Residents of Units 9A and B, 17, Akiak, and Akiachak.
Unit 17, remainder
Black Bear
Residents of Units 9A and B, and 17.
Unit 17A and Unit 17B, those portions north and west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills
Brown Bear
Residents of Kwethluk.
Unit 17A, remainder
Brown Bear
Residents of Unit 17, Akiak, Akiachak, Goodnews Bay, and Platinum.
Unit 17B, that portion draining into Nuyakuk Lake and Tikchik Lake
Brown Bear
Residents of Akiak and Akiachak.
Unit 17B and Unit 17C
Brown Bear
Residents of Unit 17.
Unit 17A, that portion west of the Izavieknik River, Upper Togiak Lake, Togiak Lake, and the main course of the Togiak River
Caribou
Residents of Goodnews Bay, Platinum, Quinhagak, Eek, Tuntutuliak, and Napakiak.
Unit 17A, that portion north of Togiak Lake that includes Izavieknik River drainages
Caribou
Residents of Akiak, Akiachak, and Tuluksak.
Unit 17A and 17B, those portions north and west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills
Caribou
Residents of Kwethluk.
Unit 17B, that portion of Togiak National Wildlife Refuge within Unit 17B
Caribou
Residents of Bethel, Goodnews Bay, Platinum, Quinhagak, Eek, Akiak, Akiachak, Tuluksak, Tuntutuliak, and Napakiak.
Unit 17, remainder
Caribou
Residents of Units 9B, 17, Lime Village, and Stony River.
Unit 17A and 17B, those portions north and west of a line beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills
Moose
Residents of Kwethluk.
Unit 17A, that portion north of Togiak Lake that includes Izavieknik River drainages
Moose
Residents of Akiak, Akiachak.
Unit 17A, remainder
Moose
Residents of Unit 17, Goodnews Bay and Platinum; however, no subsistence for residents of Akiachak, Akiak and Quinhagak.
Unit 17B, that portion within the Togiak National Wildlife Refuge
Moose
Residents of Akiak, Akiachak.
Unit 17B, remainder and Unit 17C
Moose
Residents of Unit 17, Nondalton, Levelock, Goodnews Bay, and Platinum.
Unit 17
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 17
Beaver
Residents of Units 9A, 9B, 9C, 9E, and 17.
Unit 18
Black Bear
Residents of Unit 18, Unit 19A living downstream of the Holokuk River, Holy Cross, Stebbins, St. Michael, Twin Hills, and Togiak.
Unit 18
Brown Bear
Residents of Akiachak, Akiak, Eek, Goodnews Bay, Kwethluk, Mt. Village, Napaskiak, Platinum, Quinhagak, St. Marys, and Tuluksak.
Unit 18
Caribou
Residents of Unit 18, Manokotak, Stebbins, St. Michael, Togiak, Twin Hills, and Upper Kalskag.
Unit 18, that portion of the Yukon River drainage upstream of Russian Mission and that portion of the Kuskokwim River drainage upstream of, but not including, the Tuluksak River drainage
Moose
Residents of Unit 18, Upper Kalskag, Aniak, and Chuathbaluk.
Unit 18, that portion north of a line from Cape Romanzof to Kusilvak Mountain to Mountain Village, and all drainages north of the Yukon River downstream from Marshall
Moose
Residents of Unit 18, St. Michael, Stebbins, and Upper Kalskag.
Unit 18, remainder
Moose
Residents of Unit 18 and Upper Kalskag.
Unit 18
Musk ox
No Federal subsistence priority.
Unit 18
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 19C and Unit 19D
Bison
No Federal subsistence priority.
Unit 19A and Unit 19B
Brown Bear
Residents of Units 19 and 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River.
Unit 19C
Brown Bear
No Federal subsistence priority.
Unit 19D
Brown Bear
Residents of Units 19A and D, Tuluksak and Lower Kalskag.
Unit 19A and Unit 19B
Caribou
Residents of Units 19A and 19B, Unit 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River, and residents of St. Marys, Marshall, Pilot Station, Russian Mission.
Unit 19C
Caribou
Residents of Unit 19C, Lime Village, McGrath, Nikolai, and Telida.
Unit 19D
Caribou
Residents of Unit 19D, Lime Village, Sleetmute, and Stony River.
Unit 19A and Unit 9B
Moose
Residents of Unit 18 within Kuskokwim River drainage upstream from and including the Johnson River, and residents of Unit 19.
Unit 19B, west of the Kogrukluk River
Moose
Residents of Eek and Quinhagak.
Unit 19C
Moose
Residents of Unit 19.
Unit 19D
Moose
Residents of Unit 19 and Lake Minchumina.
Unit 19
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 20D
Bison
No Federal subsistence priority.
Unit 20F
Black Bear
Residents of Unit 20F, Stevens Village, and Manley.
Unit 20E
Brown Bear
Residents of Unit 12 and Dot Lake.
Unit 20F
Brown Bear
Residents of Unit 20F, Stevens Village, and Manley.
Unit 20A
Caribou
Residents of Cantwell, Nenana, and those domiciled between mileposts 216 and 239 of the Parks Highway. No subsistence priority for residents of households of the Denali National Park Headquarters.
Unit 20B
Caribou
Residents of Unit 20B, Nenana, and Tanana.
Unit 20C
Caribou
Residents of Unit 20C living east of the Teklanika River, residents of Cantwell, Lake Minchumina, Manley Hot Springs, Minto, Nenana, Nikolai, Tanana, Talida, and those domiciled between mileposts 216 and 239 of the Parks Highway and between mileposts 300 and 309. No subsistence priority for residents of households of the Denali National Park Headquarters.
Unit 20D and Unit 20E
Caribou
Residents of 20D, 20E, and Unit 12 north of the Wrangell-St. Elias National Park and Preserve.
Unit 20F
Caribou
Residents of 20F, 25D, and Manley.
Unit 20A
Moose
Residents of Cantwell, Minto, Nenana, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239, except no subsistence for residents of households of the Denali National Park Headquarters.
Unit 20B, Minto Flats Management Area
Moose
Residents of Minto and Nenana.
Unit 20B, remainder
Moose
Residents of Unit 20B, Nenana, and Tanana.
Unit 20C
Moose
Residents of Unit 20C (except that portion within Denali National Park and Preserve and that portion east of the Teklanika River), Cantwell, “Manley”, Minto, Nenana, those domiciled between mileposts 300 and 309 of the Parks Highway, 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.
Unit 20D
Moose
Residents of Unit 20D and residents of Tanacross.
Unit 20E
Moose
Residents of Unit 20E, Unit 12 north of the Wrangell-St. Elias National Preserve, Circle, Central, Dot Lake, Healy Lake, and Mentasta Lake.
Unit 20F
Moose
Residents of Unit 20F, “Manley”, Minto, and Stevens Village.
Unit 20F
Wolf
Residents of Unit 20F, Stevens Village, and “Manley”.
Unit 20, remainder
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 20D
Grouse (Spruce, Ruffed and Sharp-tailed)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.
Unit 20D
Ptarmigan (Rock and Willow)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.
Unit 21
Brown Bear
Residents of Units 21 and 23.
Unit 21A
Caribou
Residents of Units 21A, 21D, 21E, Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna.
Unit 21B and Unit 21C
Caribou
Residents of Units 21B, 21C, 21D, and Tanana.
Unit 21D
Caribou
Residents of Units 21B, 21C, 21D, and Huslia.
Unit 21E
Caribou
Residents of Units 21A, 21E, Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna.
Unit 21A
Moose
Residents of Units 21A, 21E, Takotna, McGrath, Aniak, and Crooked Creek.
Unit 21B and Unit 21C
Moose
Residents of Units 21B, 21C, Tanana, Ruby, and Galena.
Unit 21D
Moose
Residents of Units 21D, Huslia, and Ruby.
Unit 21E
Moose
Residents of Unit 21E and Russian Mission.
Unit 21
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 22A
Black Bear
Residents of Unit 22A and Koyuk.
Unit 22B
Black Bear
Residents of Unit 22B.
Unit 22C, Unit 22D, and Unit 22E
Black Bear
No Federal subsistence priority.
Unit 22
Brown Bear
Residents of Unit 22.
Unit 22A
Caribou
Residents of Unit 21D west of the Koyukuk and Yukon Rivers, 22 (except residents of St. Lawrence Island), 23, 24, Kotlik, Emmonak, Hooper Bay, Scammon Bay, Chevak, Marshall, Mountain Village, Pilot Station, Pitka's Point, Russian Mission, St. Marys, Nunam Iqua, and Alakanuk.
Unit 22, remainder
Caribou
Residents of Unit 21D west of the Koyukuk and Yukon Rivers, 22 (except residents of St. Lawrence Island), 23, and 24.
Unit 22
Moose
Residents of Unit 22.
Unit 22B, west of the Darby Mountains
Musk ox
Residents of Unit 22B and 22C.
Unit 22B, remainder
Musk ox
Residents of Unit 22B.
Unit 22C
Musk ox
Residents of Unit 22C.
Unit 22D, that portion within the Kougarok, Kuzitrin, and Pilgrim River drainages
Musk ox
Residents of Unit 22C, White Mountain, and Unit 22D excluding St. Lawrence Island.
Unit 22D, remainder
Musk ox
Residents of Unit 22D excluding St. Lawrence Island.
Unit 22E
Musk ox
Residents of Unit 22E excluding Little Diomede Island.
Unit 22
Wolf
Residents of Units 23, 22, 21D north and west of the Yukon River, and Kotlik.
Unit 22
Grouse (Spruce)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.
Unit 22
Ptarmigan (Rock and Willow)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.
Unit 23
Black Bear
Residents of Unit 23, Alatna, Allakaket, Bettles, Evansville, Galena, Hughes, Huslia, and Koyukuk.
Unit 23
Brown Bear
Residents of Units 21 and 23.
Unit 23
Caribou
Residents of Unit 21D west of the Koyukuk and Yukon Rivers, Galena, 22, 23, 24 including residents of Wiseman but not including other residents of the Dalton Highway Corridor Management Area, and 26A.
Unit 23
Moose
Residents of Unit 23.
Unit 23, south of Kotzebue Sound and west of and including the Buckland River drainage
Musk ox
Residents of Unit 23 south of Kotzebue Sound and west of and including the Buckland River drainage.
Unit 23, remainder
Musk ox
Residents of Unit 23 east and north of the Buckland River drainage.
Unit 23
Sheep
Residents of Point Lay and Unit 23 north of the Arctic Circle.
Unit 23
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Unit 23
Grouse (Spruce and Ruffed)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.
Unit 23
Ptarmigan (Rock, Willow and White-tailed)
Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23.
Unit 24, that portion south of Caribou Mountain, and within the public lands composing or immediately adjacent to the Dalton Highway Corridor Management Area
Black Bear
Residents of Stevens Village, Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area.
Unit 24, remainder
Black Bear
Residents of Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area.
Unit 24, that portion south of Caribou Mountain, and within the public lands composing or immediately adjacent to the Dalton Highway Corridor Management Area
Brown Bear
Residents of Stevens Village and residents of Unit 24.
Unit 24, remainder
Brown Bear
Residents of Unit 24.
Unit 24
Caribou
Residents of Unit 24, Galena, Kobuk, Koyukuk, Stevens Village, and Tanana.
Unit 24
Moose
Residents of Unit 24, Koyukuk, and Galena.
Unit 24
Sheep
Residents of Unit 24 residing north of the Arctic Circle, Allakaket, Alatna, Hughes, and Huslia.
Unit 24
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon and 16-26.
Unit 25D
Black Bear
Residents of Unit 25D.
Unit 25D
Brown Bear
Residents of Unit 25D.
Unit 25, remainder
Brown Bear
Residents of Unit 25 and Eagle.
Unit 25D
Caribou
Residents of 20F, 25D, and Manley.
Unit 25A
Moose
Residents of Units 25A and 25D.
Unit 25D, west
Moose
Residents of Unit 25D West.
Unit 25D, remainder
Moose
Residents of remainder of Unit 25.
Unit 25A
Sheep
Residents of Arctic Village, Chalkyitsik, Fort Yukon, Kaktovik, and Venetie.
Unit 25B and Unit 25C
Sheep
No Federal subsistence priority.
Unit 25D
Wolf
Residents of Unit 25D.
Unit 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), Anaktuvuk Pass, and Point Hope.
Unit 26A and C
Caribou
Residents of Unit 26, Anaktuvuk Pass, and Point Hope.
Unit 26B
Caribou
Residents of Unit 26, Anaktuvuk Pass, Point Hope, and residents of Unit 24 within the Dalton Highway Corridor Management Area.
Unit 26
Moose
Residents of Unit 26 (except the Prudhoe Bay-Deadhorse Industrial Complex), Point Hope, and Anaktuvuk Pass.
Unit 26A
Musk ox
Residents of Anaktuvuk Pass, Atqasuk, Barrow, Nuiqsut, Point Hope, Point Lay, and Wainwright.
Unit 26B
Musk ox
Residents of Anaktuvuk Pass, Nuiqsut, and Kaktovik.
Unit 26C
Musk ox
Residents of Kaktovik.
Unit 26A
Sheep
Residents of Unit 26, Anaktuvuk Pass, and Point Hope.
Unit 26B
Sheep
Residents of Unit 26, Anaktuvuk Pass, Point Hope, and Wiseman.
Unit 26C
Sheep
Residents of Unit 26, Anaktuvuk Pass, Arctic Village, Chalkyitsik, Fort Yukon, Point Hope, and Venetie.
Unit 26
Wolf
Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26.
Subpart D—Subsistence Taking of Fish and Wildlife
3. In subpart D of 36 CFR part 242 and 50 CFR part 100, § _.25 is revised to read as follows:
§ _.25
Subsistence taking of fish, wildlife, and shellfish: general regulations.
(a)
Definitions.
The following definitions apply to all regulations contained in this part:
Abalone iron
means a flat device which is used for taking abalone and which is more than 1 inch (24 mm) in width and less than 24 inches (610 mm) in length, with all prying edges rounded and smooth.
ADF&G
means the Alaska Department of Fish and Game.
Airborne
means transported by aircraft.
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's Alaska Airman's Guide and chart supplement.
Anchor
means a device used to hold a fishing vessel or net in a fixed position relative to the beach; this includes using part of the seine or lead, a ship's anchor, or being secured to another vessel or net that is anchored.
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.
Bait
means any material excluding a scent lure that is placed to attract an animal by its sense of smell or taste; however, those parts of legally taken animals that are not required to be salvaged and which are left at the kill site are not considered bait.
Beach seine
means a floating net which is designed to surround fish and is set from and hauled to the beach.
Bear
means black bear, or brown or grizzly bear.
Big game
means black bear, brown bear, bison, caribou, Sitka black-tailed deer, elk, mountain goat, moose, musk ox, Dall sheep, wolf, and wolverine.
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 of an inch.
Brow tine
means a tine on the front portion of a moose antler, typically projecting forward from the base of the antler toward the nose.
Buck
means any male deer.
Bull
means any male moose, caribou, elk, or musk oxen.
Calf
means a moose, caribou, elk, musk ox, or bison less than 12 months old.
Cast net
means a circular net with a mesh size of no more than 1
1/2
inches and weights attached to the perimeter, which, when thrown, surrounds the fish and closes at the bottom when retrieved.
Char
means the following species: Arctic char (
Salvelinus alpinis
), lake trout (
Salvelinus namaycush
), brook trout (
Salvelinus fontinalis
), and Dolly Varden (
Salvelinus malma
).
Closed season
means the time when fish, wildlife, or shellfish may not be taken.
Crab
means the following species: red king crab (
Paralithodes camshatica
), blue king crab (
Paralithodes platypus
), brown king crab (
Lithodes aequispina
), scarlet king crab (
Lithodes couesi
), all species of tanner or snow crab (
Chionoecetes spp.
), and Dungeness crab (
Cancer magister
).
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.
Depth of net
means the perpendicular distance between cork line and lead line expressed as either linear units of measure or as a number of meshes, including all of the web of which the net is composed.
Designated hunter or fisherman
means a Federally qualified hunter or fisherman who may take all or a portion of another Federally qualified hunter's or fisherman's harvest limit(s) only under situations approved by the Board.
Dip net
means a bag-shaped net supported on all sides by a rigid frame; the maximum straight-line distance between any two points on the net frame, as measured through the net opening, may not exceed 5 feet; the depth of the bag must be at least one-half of the greatest straight-line distance, as measured through the net opening; no portion of the bag may be constructed of webbing that exceeds a stretched measurement of 4.5 inches; the frame must be attached to a single rigid handle and be operated by hand.
Diving gear
means any type of hard hat or skin diving equipment, including SCUBA equipment; a tethered, umbilical, surface-supplied unit; or snorkel.
Drainage
means all of the lands and waters comprising a watershed, including tributary rivers, streams, sloughs, ponds, and lakes, which contribute to the water supply of the watershed.
Drift gillnet
means a drifting gillnet that has not been intentionally staked, anchored, or otherwise fixed in one place.
Edible meat
means the breast meat of ptarmigan and grouse, and, those parts of 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 distal (bottom) joint of the radius-ulna (knee), 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 in this definition 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. For black bear, brown and grizzly bear, “edible meat” means the meat of the front quarter and hindquarters and meat along the backbone (backstrap).
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.
Field
means an area outside of established year-round dwellings, businesses, or other developments usually associated with a city, town, or village;
field
does not include permanent hotels or roadhouses on the State road system or at State or Federally maintained airports.
Fifty-inch (50-inch) moose
means a bull moose with an antler spread of 50 inches or more.
Fish wheel
means a fixed, rotating device, with no more than four baskets on a single axle, for catching fish, which is driven by river current or other means.
Fresh water of streams and rivers
means the line at which fresh water is separated from salt water at the mouth of streams and rivers by a line drawn headland to headland across the mouth as the waters flow into the sea.
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.
Fyke net
means a fixed, funneling (fyke) device used to entrap fish.
Gear
means any type of fishing apparatus.
Gillnet
means a net primarily designed to catch fish by entanglement in a mesh that consists of a single sheet of webbing which hangs between cork line and lead line, and which is fished from the surface of the water.
Grappling hook
means a hooked device with flukes or claws, which is attached to a line and operated by hand.
Groundfish
or
bottomfish
means any marine fish except halibut, osmerids, herring and salmonids.
Grouse
collectively refers to all species found in Alaska, including spruce grouse, ruffed grouse, blue grouse, and sharp-tailed grouse.
Hand purse seine
means a floating net which is designed to surround fish and which can be closed at the bottom by pursing the lead line; pursing may only be done by hand power, and a free-running line through one or more rings attached to the lead line is not allowed.
Handicraft
means a finished product made by a rural Alaskan resident from the nonedible byproducts of fish or
wildlife and is composed wholly or in some significant respect of natural materials. The shape and appearance of the natural material must be substantially changed by the skillful use of hands, such as sewing, weaving, drilling, lacing, beading, carving, etching, scrimshawing, painting, or other means, and incorporated into a work of art, regalia, clothing, or other creative expression, and can be either traditional or contemporary in design. The handicraft must have substantially greater monetary and aesthetic value than the unaltered natural material alone.
Handline
means a hand-held and operated line, with one or more hooks attached.
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 or designated group, per specified time period, in a Unit or portion of a Unit in which the taking occurs even if part or all of the harvest is preserved. A fish, when landed and killed by means of rod and reel, becomes part of the harvest limit of the person originally hooking it.
Herring pound
means an enclosure used primarily to contain live herring over extended periods of time.
Highway
means the drivable surface of any constructed road.
Household
means that group of people residing in the same residence.
Hung measure
means the maximum length of the cork line when measured wet or dry with traction applied at one end only.
Hunting
means the taking of wildlife within established hunting seasons with archery equipment or firearms, and as authorized by a required hunting license.
Hydraulic clam digger
means a device using water or a combination of air and water used to harvest clams.
Jigging gear
means a line or lines with lures or baited hooks, drawn through the water by hand, and which are operated during periods of ice cover from holes cut in the ice, or from shore ice and which are drawn through the water by hand.
Lead
means either a length of net employed for guiding fish into a seine, set gillnet, or other length of net, or a length of fencing employed for guiding fish into a fish wheel, fyke net, or dip net.
Legal limit of fishing gear
means the maximum aggregate of a single type of fishing gear permitted to be used by one individual or boat, or combination of boats in any particular regulatory area, district, or section.
Long line
means either a stationary, buoyed, or anchored line, or a floating, free-drifting line with lures or baited hooks attached.
Marmot
collectively refers to all species of marmot that occur in Alaska, including the hoary marmot, Alaska marmot, and the woodchuck.
Mechanical clam digger
means a mechanical device used or capable of being used for the taking of clams.
Mechanical jigging machine
means a mechanical device with line and hooks used to jig for halibut and bottomfish, but does not include hand gurdies or rods with reels.
Mile
means a nautical mile when used in reference to marine waters or a statute mile when used in reference to fresh water.
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 that 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.
Possession limit
means the maximum number of fish, grouse, or ptarmigan a person or designated group may have in possession if they have not been canned, salted, frozen, smoked, dried, or otherwise preserved so as to be fit for human consumption after a 15-day period.
Pot
means a portable structure designed and constructed to capture and retain live fish and shellfish in the water.
Ptarmigan
collectively refers to all species found in Alaska, including white-tailed ptarmigan, rock ptarmigan, and willow ptarmigan.
Purse seine
means a floating net which is designed to surround fish and which can be closed at the bottom by means of a free-running line through one or more rings attached to the lead line.
Ram
means a male Dall sheep.
Registration permit
means a permit that 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 requests are received and/or are based on priorities as determined by 50 CFR 100.17 and 36 CFR 242.17.
Regulatory year
means July 1-June 30, except for fish and shellfish, for which it means April 1-March 31.
Ring net
means a bag-shaped net suspended between no more than two frames; the bottom frame may not be larger in perimeter than the top frame; the gear must be nonrigid and collapsible so that free movement of fish or shellfish across the top of the net is not prohibited when the net is employed.
Rockfish
means all species of the genus
Sebastes
.
Rod and reel
means either a device upon which a line is stored on a fixed or revolving spool and is deployed through guides mounted on a flexible pole, or a line that is attached to a pole. In either case, bait or an artificial fly or lure is used as terminal tackle. This definition does not include the use of rod and reel gear for snagging.
Salmon
means the following species: pink salmon (
Oncorhynchus gorbuscha
); sockeye salmon (
Oncorhynchus nerka
); Chinook salmon (
Oncorhynchus tshawytscha
); coho salmon (
Oncorhynchus kisutch
); and chum salmon (
Oncorhynchus keta
).
Salmon stream
means any stream used by salmon for spawning, rearing, or for traveling to a spawning or rearing area.
Salvage
means to transport the edible meat, skull, or hide, as required by regulation, of a regulated fish, wildlife, or shellfish to the location where the edible meat will be consumed by humans or processed for human consumption in a manner which saves or prevents the edible meat from waste, and preserves the skull or hide for human use.
Scallop dredge
means a dredge-like device designed specifically for and capable of taking scallops by being towed along the ocean floor.
Sea urchin rake
means a hand-held implement, no longer than 4 feet, equipped with projecting prongs used to gather sea urchins.
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.
Set gillnet
means a gillnet that has been intentionally set, staked, anchored, or otherwise fixed.
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.
Shovel
means a hand-operated implement for digging clams.
Skin, hide, pelt,
or
fur
means any tanned or untanned external covering of an animal's body. However, for bear, the skin, hide, pelt, or fur means the external covering with claws attached.
Snagging
means hooking or attempting to hook a fish elsewhere than in the mouth.
Spear
means a shaft with a sharp point or fork-like implement attached to one end, which is used to thrust through the water to impale or retrieve fish, and which is operated by hand.
Spike-fork moose
means a bull moose with only one or two tines on either antler; male calves are not spike-fork bulls.
Stretched measure
means the average length of any series of 10 consecutive meshes measured from inside the first knot and including the last knot when wet; the 10 meshes, when being measured, must be an integral part of the net, as hung, and measured perpendicular to the selvages; measurements will be made by means of a metal tape measure while the 10 meshes being measured are suspended vertically from a single peg or nail, under 5-pound weight.
Subsistence fishing permit
means a subsistence harvest permit issued by the Alaska Department of Fish and Game or the Federal Subsistence Board.
Take
or
Taking
means to fish, 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.
To operate fishing gear
means any of the following: To deploy gear in the water; to remove gear from the water; to remove fish or shellfish from the gear during an open season or period; or to possess a gillnet containing fish during an open fishing period, except that a gillnet which is completely clear of the water is not considered to be operating for the purposes of minimum distance requirement.
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.
Trawl
means a bag-shaped net towed through the water to capture fish or shellfish, and includes beam, otter, or pelagic trawl.
Troll gear
means a power gurdy troll gear consisting of a line or lines with lures or baited hooks which are drawn through the water by a power gurdy; hand troll gear consisting of a line or lines with lures or baited hooks which are drawn through the water from a vessel by hand trolling, strip fishing, or other types of trolling, and which are retrieved by hand power or hand-powered crank and not by any type of electrical, hydraulic, mechanical, or other assisting device or attachment; or dinglebar troll gear consisting of one or more lines, retrieved and set with a troll gurdy or hand troll gurdy, with a terminally attached weight from which one or more leaders with one or more lures or baited hooks are pulled through the water while a vessel is making way.
Trophy
means a mount of a big game animal, including the skin of the head (cape) or the entire skin, in a lifelike representation of the animal, including a lifelike representation made from any part of a big game animal; “trophy” also includes a “European mount” in which the horns or antlers and the skull or a portion of the skull are mounted for display.
Trout
means the following species: Cutthroat trout (
Oncorhynchus clarki
) and rainbow/steelhead trout (
Oncorhynchus mykiss
).
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
and
Subunit
means one of the geographical areas in the State of Alaska known as Game Management Units, or GMUs, as defined in the codified Alaska Department of Fish and Game regulations found in Title 5 of the Alaska Administrative Code and collectively listed in this part as Units or Subunits.
W
ildlife
means any hare, ptarmigan, grouse, ungulate, bear, furbearer, or unclassified species and includes any part, product, egg, or offspring thereof, or carcass or part thereof.
(b) Taking fish, wildlife, or shellfish for subsistence uses by a prohibited method is a violation of this part. Seasons are closed unless opened by Federal regulation. Hunting, trapping, or fishing during a closed season or in an area closed by this part is prohibited. You may not take for subsistence fish, wildlife, or shellfish outside established Unit or Area seasons, or in excess of the established Unit or Area harvest limits, unless otherwise provided for by the Board. You may take fish, wildlife, or shellfish under State regulations on public lands, except as otherwise restricted at §§_.26 through _.28. Unit/Area-specific restrictions or allowances for subsistence taking of fish, wildlife, or shellfish are identified at §§_.26 through _.28.
(c)
Harvest limits
. (1) Harvest limits authorized by this section and harvest limits established in State regulations may not be accumulated.
(2) Fish, wildlife, or shellfish taken by a designated individual for another person pursuant to §_.10(d)(5)(ii) counts toward the individual harvest limit of the person for whom the fish, wildlife, or shellfish is taken.
(3) A harvest limit applies to the number of fish, wildlife, or shellfish that can be taken during a regulatory year; however, harvest limits for grouse, ptarmigan, and caribou (in some Units) are regulated by the number that may be taken per day. Harvest limits of grouse and ptarmigan are also regulated by the number that can be held in possession.
(4) Unless otherwise provided, any person who gives or receives fish, wildlife, or shellfish must 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 fish, wildlife, or shellfish; the time and place that the fish, wildlife, or shellfish was taken; and identification of species transferred. Where a qualified subsistence user has designated another qualified subsistence user to take fish, wildlife, or shellfish on his or her behalf in accordance with § _.10(d)(5)(ii), the permit must be furnished in place of a signed statement.
(d)
Fishing by designated harvest permit
. (1) Any species of fish that may be taken by subsistence fishing under this part may be taken under a designated harvest permit.
(2) If you are a Federally qualified subsistence user, you (beneficiary) may designate another Federally qualified subsistence user to take fish on your behalf. The designated fisherman must obtain a designated harvest permit prior to attempting to harvest fish and must return a completed harvest report. The
designated fisherman may fish for any number of beneficiaries but may have no more than two harvest limits in his/her possession at any one time.
(3) The designated fisherman must have in possession a valid designated fishing permit when taking, attempting to take, or transporting fish taken under this section, on behalf of a beneficiary.
(4) The designated fisherman may not fish with more than one legal limit of gear.
(5) You may not designate more than one person to take or attempt to take fish on your behalf at one time. You may not personally take or attempt to take fish at the same time that a designated fisherman is taking or attempting to take fish on your behalf.
(e)
Hunting by designated harvest permit.
If you are a Federally qualified subsistence user (recipient), you may designate another Federally qualified subsistence user to take deer, moose and caribou on your behalf unless you are a member of a community operating under a community harvest system or unless unit-specific regulations in §_.26 preclude or modify the use of the designated hunter system or allow the harvest of additional species by a designated hunter. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than two harvest limits in his/her possession at any one time, unless otherwise specified in unit-specific regulations in §_.26.
(f) A rural Alaska resident who has been designated to take fish, wildlife, or shellfish on behalf of another rural Alaska resident in accordance with § _.10(d)(5)(ii) must promptly deliver the fish, wildlife, or shellfish to that rural Alaska resident and may not charge the recipient for his/her services in taking the fish, wildlife, or shellfish or claim for themselves the meat or any part of the harvested fish, wildlife, or shellfish.
(g) [Reserved].
(h)
Permits
. If a subsistence fishing or hunting permit is required by this part, the following permit conditions apply unless otherwise specified in this section:
(1) You may not take more fish, wildlife, or shellfish for subsistence use than the limits set out in the permit;
(2) You must obtain the permit prior to fishing or hunting;
(3) You must have the permit in your possession and readily available for inspection while fishing, hunting, or transporting subsistence-taken fish, wildlife, or shellfish;
(4) If specified on the permit, you must keep accurate daily records of the harvest, showing the number of fish, wildlife, or shellfish taken, by species, location and date of harvest, and other such information as may be required for management or conservation purposes; and
(5) If the return of harvest information necessary for management and conservation purposes is required by a permit and you fail to comply with such reporting requirements, you are ineligible to receive a subsistence permit for that activity during the following regulatory year, unless you demonstrate that failure to report was due to loss in the mail, accident, sickness, or other unavoidable circumstances.
(i) You may not possess, transport, give, receive, or barter fish, wildlife, or shellfish that was taken in violation of Federal or State statutes or a regulation promulgated hereunder.
(j)
Utilization of fish, wildlife,
or
shellfish
. (1) You may not use wildlife as food for a dog or furbearer, or as bait, except as allowed for in §_.26, §_.27, or §_.28, or 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, or 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 Units 5, 9B, 17, 18, portions of 19A and 19B, 21D, 22, 23, 24, and 26A need not be salvaged;
(iii) The hide and edible meat of a black bear;
(iv) The hide or meat of squirrels, hares, marmots, beaver, muskrats, or unclassified wildlife.
(3) You must salvage the edible meat of ungulates, bear, grouse, and ptarmigan.
(4) You may not intentionally waste or destroy any subsistence-caught fish or shellfish; however, you may use for bait or other purposes whitefish, herring, and species for which bag limits, seasons, or other regulatory methods and means are not provided in this section, as well as the head, tail, fins, and viscera of legally taken subsistence fish.
(5) 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 fish, wildlife, or shellfish, unanticipated weather conditions, or unavoidable loss to another animal.
(6) If you are a Federally qualified subsistence user, you may sell handicraft articles made from the skin, hide, pelt, or fur, including claws, of a black bear.
(i) In Units 1, 2, 3, 4, and 5, you may sell handicraft articles made from the skin, hide, pelt, fur, claws, bones, teeth, sinew, or skulls of a black bear taken from Units 1, 2, 3, or 5.
(ii) [Reserved].
(7) If you are a Federally qualified subsistence user, you may sell handicraft articles made from the skin, hide, pelt, or fur, including claws, of a brown bear taken from Units 1-5, 9A-C, 9E, 12, 17, 20, 23, 24B (only that portion within Gates of the Arctic National Park), 25, or 26.
(i) In Units 1, 2, 3, 4, and 5, you may sell handicraft articles made from the skin, hide, pelt, fur, claws, bones, teeth, sinew, or skulls of a brown bear taken from Units 1, 4, or 5.
(ii) [Reserved].
(8) If you are a Federally qualified subsistence user, you may sell the raw fur or tanned pelt with or without claws attached from legally harvested furbearers.
(9) If you are a Federally qualified subsistence user, you may sell handicraft articles made from the nonedible byproducts (including, but not limited to, skin, shell, fins, and bones) of subsistence-harvested fish or shellfish.
(10) If you are a Federally qualified subsistence user, you may sell handicraft articles made from nonedible byproducts of wildlife harvested for subsistence uses (excluding bear), to include: Skin, hide, pelt, fur, claws, bones (except skulls of moose, caribou, elk, deer, sheep, goat and musk ox), teeth, sinew, antlers and/or horns (if not attached to any part of the skull or made to represent a big game trophy) and hooves.
(11) The sale of handicrafts made from the nonedible byproducts of wildlife, when authorized in this part, may not constitute a significant commercial enterprise.
(12) You may sell the horns and antlers not attached to any part of the skull from legally harvested caribou (except caribou harvested in Unit 23), deer, elk, goat, moose, musk ox, and sheep.
(13) You may sell the raw/untanned and tanned hide or cape from a legally harvested caribou, deer, elk, goat, moose, musk ox, and sheep.
(k) The regulations found in this part do not apply to the subsistence taking and use of fish, wildlife, or shellfish 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 to any amendments to these Acts. The taking and use of fish, wildlife, or shellfish, covered by these Acts, will conform to the specific provisions contained in these Acts, as amended, and any implementing regulations.
(l) Rural residents, nonrural residents, and nonresidents not specifically prohibited by Federal regulations from fishing, hunting, or trapping on public lands in an area may fish, hunt, or trap on public lands in accordance with the appropriate State regulations.
4. In subpart D of 36 CFR part 242 and 50 CFR part 100, §_.26 is revised to read as follows:
§_.26
Subsistence taking of wildlife.
(a) You 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.
(b) Except for special provisions found at paragraphs (n)(1) through (26) of this section, the following methods and means of taking wildlife for subsistence uses are prohibited:
(1) Shooting from, on, or across a highway;
(2) Using any poison;
(3) Using a helicopter in any manner, including transportation of individuals, equipment, or wildlife; however, this prohibition does not apply to transportation of an individual, gear, or wildlife during an emergency rescue operation in a life-threatening situation;
(4) 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;
(5) Using a motorized vehicle to drive, herd, or molest wildlife;
(6) Using or being aided by use of a machine gun, set gun, or a shotgun larger than 10 gauge;
(7) 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—
(i) An individual in possession of a valid trapping license may use a firearm that shoots rimfire cartridges to take wolves and wolverine;
(ii) 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 ox, and mountain goat;
(8) 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 9 inches, or conibear style trap with a jaw spread over 11 inches;
(9) 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;
(10) Using a trap to take ungulates or bear;
(11) Using hooks to physically snag, impale, or otherwise take wildlife; however, hooks may be used as a trap drag;
(12) Using a crossbow to take ungulates, bear, wolf, or wolverine in any area restricted to hunting by bow and arrow only;
(13) Taking of ungulates, bear, wolf, or wolverine with a bow, unless the bow is capable of casting an inch-wide broadhead-tipped arrow at least 175 yards horizontally, and the arrow and broadhead together weigh at least 1 ounce (437.5 grains);
(14) 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 (n)(1) through (26) of this section. Baiting of black bears is subject to the following restrictions:
(i) Before establishing a black bear bait station, you must register the site with ADF&G;
(ii) 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;
(iii) 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;
(iv) You may not use bait within
1/4
mile of a publicly maintained road or trail;
(v) You may not use bait within 1 mile of a house or other permanent dwelling, or within 1 mile of a developed campground or developed recreational facility;
(vi) When using bait, you must remove litter and equipment from the bait station site when done hunting;
(vii) You may not give or receive payment for the use of a bait station, including barter or exchange of goods;
(viii) You may not have more than two bait stations with bait present at any one time;
(15) Taking swimming ungulates, bears, wolves, or wolverine;
(16) Taking or assisting in the taking of ungulates, bear, wolves, wolverine, or other furbearers before 3 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, the setting of snares or traps, or the removal of furbearers from traps or snares;
(17) Taking a bear cub or a sow accompanied by cub(s).
(c) Wildlife taken in defense of life or property is not a subsistence use; wildlife so taken is subject to State regulations.
(d) 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) of this section:
(1) Disturbing or destroying a den, except that you may disturb a muskrat pushup or feeding house in the course of trapping;
(2) Disturbing or destroying any beaver house;
(3) 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;
(4) Taking otter with a steel trap having a jaw spread of less than 5
7/8
inches during any closed mink and marten season in the same Unit;
(5) Using a net or fish trap (except a blackfish or fyke trap);
(6) 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.
(e)
Possession and transportation of wildlife.
(1) Except as specified in paragraphs (e)(2) or (f)(1) 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 §_.10(d)(5)(iii) 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.
(f)
Harvest limits
. (1) 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.
(2) 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. You may not take more than one brown/grizzly bear in a regulatory year.
(3) The Assistant Regional Director for Subsistence Management, FWS, is authorized to open, close, or adjust Federal subsistence lynx seasons and to set harvest and possession limits for lynx in Units 6, 7, 11, 12, 13, 14, 15, 16, 20A, 20B, 20C east of the Teklanika River, 20D, and 20E, with a maximum season of November 1-February 28. This delegation may be exercised only when it is necessary to conserve lynx populations or to continue subsistence uses, only within guidelines listed within the ADF&G Lynx Harvest Management Strategy, and only after staff analysis of the potential action, consultation with the appropriate Regional Council Chairs, and Interagency Staff Committee concurrence.
(g)
Evidence of sex and identity.
(1) 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.
(2) 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, except that in Units 1-5 antlers are also considered proof of sex for deer if the antlers are naturally attached to an entire carcass, with or without the viscera; and except in Units 11, 13, 19, 21, and 24, where you may possess either sufficient portions of the external sex organs (still attached to a portion of the carcass) or the head (with or without antlers attached; however, the antler stumps must remain attached) to indicate the sex of the harvested moose; however, this paragraph (g)(2) 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.
(3) If a moose harvest limit requires an antlered bull, 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 (g)(3) 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.
(h)
Removing harvest from the field.
You must leave all edible meat on the bones of the front quarters and hind quarters of caribou and moose harvested in Units 9, 17, 18, and 19B prior to October 1 until you remove the meat from the field or process it for human consumption. You must leave all edible meat on the bones of the front quarters, hind quarters, and ribs of moose harvested in Unit 21 prior to October 1 until you remove the meat from the field or process it for human consumption. You must leave all edible meat on the bones of the front quarters, hind quarters, and ribs of caribou and moose harvested in Unit 24 prior to October 1 until you remove the meat from the field or process it for human consumption. Meat of the front quarters, hind quarters, or ribs from a harvested moose or caribou may be processed for human consumption and consumed in the field; however, meat may not be removed from the bones for purposes of transport out of the field.
(i)
Returning of tags, marks, or collars
. 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.
(j)
Sealing of bear skins and skulls.
(1) Sealing requirements for bear 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 Units 5, 9B, 9E, 17, 18, 19A and 19B downstream of and including the Aniak River drainage, 21D, 22, 23, 24, and 26A 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 does not apply to brown bears taken within Units 5, 9B, 9E, 17, 18, 19A and 19B downstream of and including the Aniak River drainage, 21D, 22, 23, 24, and 26A and which are not removed from the Unit.
(i) In areas where sealing is required by Federal regulations, you may not possess or transport the hide of a bear that 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 Units 9B, 17, 18, and 19A and 19B downstream of and including the Aniak River drainage 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 must 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 Units 21D, 22, 23, 24, and 26A from the area or present it for commercial tanning within the area, you must first have it sealed by an ADF&G representative in Barrow, Galena, Nome, or Kotzebue; at the time of sealing, the ADF&G representative must 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.
(v) If you remove the skin or skull of a bear taken in Unit 9E from Unit 9, you must first have it sealed by an authorized sealing representative. At the time of sealing, the representative must
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.
(k)
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, 13E, or 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 in accordance with State or Federal regulations.
(1) In Unit 18, you must obtain an ADF&G seal for beaver skins only if they are to be sold or commercially tanned.
(2) In Unit 2, you must seal any wolf taken on or before the 30th day after the date of taking.
(l) If you take a species listed in paragraph (k) of this section but are unable to present the skin in person, you 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 (k) of this section.
(m) You may take wildlife, outside of established season or harvest limits, for food in traditional religious ceremonies, that are part of a funerary or mortuary cycle, including memorial potlatches, under the following provisions:
(1) The harvest does not violate recognized principles of wildlife conservation and uses the methods and means allowable for the particular species published in the applicable Federal regulations. The appropriate Federal land manager will establish the number, species, sex, or location of harvest, if necessary, for conservation purposes. Other regulations relating to ceremonial harvest may be found in the unit-specific regulations in §_.26(n).
(2) No permit or harvest ticket is required for harvesting under this section; however, the harvester must be a Federally qualified subsistence user with customary and traditional use in the area where the harvesting will occur.
(3) In Units 1-26 (except for Koyukon/Gwich'in potlatch ceremonies in Units 20F, 21, 24, or 25):
(i) A tribal chief, village or tribal council president, or the chief's or president's designee for the village in which the religious/cultural ceremony will be held, or a Federally qualified subsistence user outside of a village or tribal-organized ceremony, must notify the nearest Federal land manager that a wildlife harvest will take place. The notification must include the species, harvest location, and number of animals expected to be taken.
(ii) Immediately after the wildlife is taken, the tribal chief, village or tribal council president or designee, or other Federally qualified subsistence user must create a list of the successful hunters and maintain these records, including the name of the decedent for whom the ceremony will be held. If requested, this information must be available to an authorized representative of the Federal land manager.
(iii) The tribal chief, village or tribal council president or designee, or other Federally qualified subsistence user outside of the village in which the religious/cultural ceremony will be held must report to the Federal land manager the harvest location, species, sex, and number of animals taken as soon as practicable, but not more than 15 days after the wildlife is taken.
(4) In Units 20F, 21, 24, and 25 (for Koyukon/Gwich'in potlatch ceremonies only):
(i) Taking wildlife outside of established season and harvest limits is authorized if it is for food for the traditional Koyukon/Gwich'in Potlatch Funerary or Mortuary ceremony and if it is consistent with conservation of healthy populations.
(ii) Immediately after the wildlife is taken, the tribal chief, village or tribal council president, or the chief's or president's designee for the village in which the religious ceremony will be held must create a list of the successful hunters and maintain these records. The list must be made available, after the harvest is completed, to a Federal land manager upon request.
(iii) As soon as practical, but not more than 15 days after the harvest, the tribal chief, village council president, or designee must notify the Federal land manager about the harvest location, species, sex, and number of animals taken.
(n)
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. Unit-specific restrictions or allowances for subsistence taking of wildlife are identified at paragraphs (n)(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 1A 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 1B 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 1C 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 1D 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 1A—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 1B—the Anan Creek drainage within 1 mile of Anan Creek downstream from the mouth of Anan Lake, including the area within a 1-mile radius from the mouth of Anan Creek Lagoon, is closed to the taking of bear;
(D) Unit 1C:
(
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 1C, 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 1A, 1B, and 1D between April 15 and June 15;
(B) You may not shoot ungulates, bear, wolves, or wolverine from a boat, unless you are certified as disabled.
Harvest limits
Open season
Hunting
Black Bear: 2 bears, no more than one may be a blue or glacier bear
Sept. 1-June 30.
Brown Bear: 1 bear every four regulatory years by State registration permit only
Sept. 15-Dec. 31.
Mar. 15-May 31.
Deer:
Unit 1A—4 antlered deer
Aug. 1-Dec. 31.
Unit 1B—2 antlered deer. The Petersburg District Ranger is authorized to close the season based on conservation concerns, in consultation with ADF&G and the chair of the Southeast Alaska Subsistence Regional Advisory Council
Aug. 1-Dec. 31.
Unit 1C—4 deer; however, antlerless deer may be taken only from Sept. 15-Dec. 31
Aug. 1-Dec. 31.
Goat:
Unit 1A—Revillagigedo Island only
No open season.
Unit 1B—that portion north of LeConte Bay—1 goat by State registration permit only; the taking of kids or nannies accompanied by kids is prohibited
Aug. 1-Dec. 31.
Unit 1A and Unit 1B—that portion on the Cleveland Peninsula south of the divide between Yes Bay and Santa Anna Inlet
No open season.
Unit 1A and Unit 1B—remainder—2 goats; a State registration permit will be required for the taking of the first goat and a Federal registration permit for the taking of a second goat. The taking of kids or nannies accompanied by kids is prohibited
Aug. 1-Dec. 31.
Unit 1C—that portion draining into Lynn Canal and Stephens Passage between Antler River and Eagle Glacier and River, and all drainages of the Chilkat Range south of the Endicott River—1 goat by State registration permit only
Oct. 1-Nov. 31.
Unit 1C—that portion draining into Stephens Passage and Taku Inlet between Eagle Glacier and River and Taku Glacier
No open season.
Unit 1C—remainder—1 goat by State registration permit only
Aug. 1-Nov. 30.
Unit 1D—that portion lying north of the Katzehin River and northeast of the Haines highway—1 goat by State registration permit only
Sept. 15-Nov. 30.
Unit 1D—that portion lying between Taiya Inlet and River and the White Pass and Yukon Railroad
No open season.
Unit 1D—remainder—1 goat by State registration permit only
Aug. 1-Dec. 31.
Moose:
Unit 1A—1 antlered bull by Federal registration permit
Sept. 5-Oct. 15.
Unit 1B—1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler, by State registration permit only. The Petersburg District Ranger is authorized to close the season based on conservation concerns, in consultation with ADF&G and the Chair of the Southeast Alaska Subsistence Regional Advisory Council
Sept. 15-Oct. 15.
Unit 1C—that portion south of Point Hobart including all Port Houghton drainages—1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler, by State registration permit only
Sept. 15-Oct. 15.
Unit 1C—remainder, excluding drainages of Berners Bay—1 antlered bull by State registration permit only
Sept. 15-Oct. 15.
Unit 1C, Berners Bay
No open season.
Unit 1D
No open season.
Coyote: 2 coyotes
Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and Silver Phases): 2 foxes
Nov. 1-Feb. 15.
Hare (Snowshoe): 5 hares per day
Sept. 1-Apr. 30.
Lynx: 2 lynx
Dec. 1-Feb. 15.
Wolf: 5 wolves
Aug. 1-Apr. 30.
Wolverine: 1 wolverine
Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession
Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 1-May 15.
Trapping
Beaver: Unit 1—No limit
Dec. 1-May 15.
Coyote: No limit
Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and Silver Phases): No limit
Dec. 1-Feb. 15.
Lynx: No limit
Dec. 1-Feb. 15.
Marten: No limit
Dec. 1-Feb. 15.
Mink and Weasel: No limit
Dec. 1-Feb. 15.
Muskrat: No limit
Dec. 1-Feb. 15.
Otter: No limit
Dec. 1-Feb. 15.
Wolf: No limit
Nov. 10-Apr. 30.
Wolverine: No limit
Nov. 10-Apr. 30.
(2)
Unit 2.
Unit 2 consists of Prince of Wales Island and all islands west of the center lines of Clarence Strait and Kashevarof Passage, south and east of the center lines of Sumner Strait, and east of the longitude of the westernmost point on Warren Island.
(i) Unit-specific regulations:
(A) You may use bait to hunt black bear between April 15 and June 15;
(B) You may not shoot ungulates, bear, wolves, or wolverine from a boat, unless you are certified as disabled.
(ii) [Reserved]
Harvest limits
Open season
Hunting
Black Bear: 2 bears, no more than one may be a blue or glacier bear
Sept. 1-June 30.
Deer:
5 deer; however, no more than one may be an antlerless deer. Antlerless deer may be taken only during the period Oct. 15—Federal/State harvest report. The Tongass National Forest Supervisor is authorized to reduce the harvest to 4 deer based on conservation concerns, in consultation with ADF&G and the Chair of the Southeast Alaska Subsistence Regional Advisory Council
July 24-Dec. 31.
The Federal public lands on Prince of Wales Island, excluding the southeast portion (lands south of the West Arm of Cholmondeley Sound draining into Cholmondeley Sound or draining eastward into Clarence Strait), are closed to hunting of deer from Aug. 1 to Aug. 15, except by Federally qualified subsistence users hunting under these regulations
Coyote: 2 coyotes
Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and Silver Phases): 2 foxes
Nov. 1-Feb. 15.
Hare (Snowshoe): 5 hares per day
Sept. 1-Apr. 30.
Lynx: 2 lynx
Dec. 1-Feb. 15.
Wolf: 5 wolves. The Tongass National Forest Supervisor (or designee) may close the Federal hunting and trapping season in consultation with ADF&G and the Chair of the Southeast Alaska Subsistence Regional Advisory Council, when the combined Federal-State harvest quota is reached
Sept. 1-Mar. 31.
Wolverine: 1 wolverine
Nov. 10-Feb. 15.
Grouse (Spruce and Ruffed): 5 per day, 10 in possession
Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 1-May 15.
Trapping
Beaver: No limit
Dec. 1-May 15.
Coyote: No limit
Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and Silver Phases): No limit
Dec. 1-Feb. 15.
Lynx: No limit
Dec. 1-Feb. 15.
Marten: No limit
Dec. 1-Feb. 15.
Mink and Weasel: No limit
Dec. 1-Feb. 15.
Muskrat: No limit
Dec. 1-Feb. 15.
Otter: No limit
Dec. 1-Feb. 15.
Wolf: No limit. The Tongass National Forest Supervisor (or designee) may close the Federal hunting and trapping season in consultation with ADF&G and the Chair of the Southeast Alaska Subsistence Regional Advisory Council, when the combined Federal-State harvest quota is reached. Any wolf taken in Unit 2 must be sealed within 30 days of harvest
Nov. 15-Mar. 31.
Wolverine: No limit
Nov. 10-Apr. 30.
(3)
Unit 3.
(i) Unit 3 consists of all islands west of Unit 1B, north of Unit 2, south of the center line of Frederick Sound, and east of the center line of Chatham Strait including Coronation, Kuiu, Kupreanof, Mitkof, Zarembo, Kashevaroff, Woronkofski, Etolin, Wrangell, and Deer Islands.
(ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:
(A) In the Petersburg vicinity, you may not take ungulates, bear, wolves, and wolverine along a strip one-fourth mile wide on each side of the Mitkof Highway from Milepost 0 to Crystal Lake campground;
(B) You may not take black bears in the Petersburg Creek drainage on Kupreanof Island;
(C) You may not hunt in the Blind Slough draining into Wrangell Narrows and a strip one-fourth mile wide on each side of Blind Slough, from the hunting closure markers at the southernmost portion of Blind Island to the hunting closure markers one mile south of the Blind Slough bridge.
(iii) Unit-specific regulations:
(A) You may use bait to hunt black bear between April 15 and June 15;
(B) You may not shoot ungulates, bear, wolves, or wolverine from a boat, unless you are certified as disabled.
Harvest limits
Open season
Hunting
Black Bear: 2 bears, no more than one may be a blue or glacier bear
Sept. 1-June 30.
Deer:
Unit 3—Mitkof, Woewodski, and Butterworth Islands—1 antlered deer. The Petersburg District Ranger is authorized to close the season based on conservation concerns, in consultation with ADF&G and the chair of the Southeast Alaska Subsistence Regional Advisory Council
Oct. 15-Oct. 31.
Unit 3—remainder—2 antlered deer. The Petersburg District Ranger is authorized to open the December season by announcement, or close any portion of the entire season based on conservation concerns, in consultation with ADF&G and the chair of the Southeast Alaska Subsistence Regional Advisory Council
Aug. 1-Nov. 30.
Dec. 1-Dec. 31, season to be announced.
Moose:
1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler by State registration permit only. The Petersburg District Ranger is authorized to close the season based on conservation concerns, in consultation with ADF&G and the Chair of the Southeast Alaska Subsistence Regional Advisory Council
Sept. 15-Oct. 15.
Coyote: 2 coyotes
Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and Silver Phases): 2 foxes
Nov. 1-Feb. 15.
Hare (Snowshoe): 5 hares per day
Sept. 1-Apr. 30.
Lynx: 2 lynx
Dec. 1-Feb. 15.
Wolf: 5 wolves
Aug. 1-Apr. 30.
Wolverine: 1 wolverine
Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession
Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 1-May 15.
Trapping
Beaver:
Unit 3—Mitkof Island—No limit
Dec. 1-Apr. 15.
Unit 3—except Mitkof Island—No limit
Dec. 1-May 15.
Coyote: No limit
Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and Silver Phases): No limit
Dec. 1-Feb. 15.
Lynx: No limit
Dec. 1-Feb. 15.
Marten: No limit
Dec. 1-Feb. 15.
Mink and Weasel: No limit
Dec. 1-Feb. 15.
Muskrat: No limit
Dec. 1-Feb. 15.
Otter: No limit
Dec. 1-Feb. 15.
Wolf: No limit.
Nov. 10-Apr. 30.
Wolverine: No limit
Nov. 10-Apr. 30.
(4)
Unit 4.
(i) Unit 4 consists of all islands south and west of Unit 1C and north of Unit 3 including Admiralty, Baranof, Chichagof, Yakobi, Inian, Lemesurier, and Pleasant Islands.
(ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:
(A) You may not take brown bears in the Seymour Canal Closed Area (Admiralty Island) including all drainages into northwestern Seymour Canal between Staunch Point and the southernmost tip of the unnamed peninsula separating Swan Cove and King Salmon Bay including Swan and Windfall Islands;
(B) You may not take brown bears in the Salt Lake Closed Area (Admiralty Island) including all lands within one-fourth mile of Salt Lake above Klutchman Rock at the head of Mitchell Bay;
(C) You may not take brown bears in the Port Althorp Closed Area (Chichagof Island), that area within the Port Althorp watershed south of a line from Point Lucan to Salt Chuck Point (Trap Rock);
(D) You may not use any motorized land vehicle for brown bear hunting in the Northeast Chichagof Controlled Use Area (NECCUA) consisting of all portions of Unit 4 on Chichagof Island north of Tenakee Inlet and east of the drainage divide from the northwest point of Gull Cove to Port Frederick Portage, including all drainages into Port Frederick and Mud Bay.
(iii) Unit-specific regulations:
(A) You may shoot ungulates from a boat. You may not shoot bear, wolves, or wolverine from a boat, unless you are certified as disabled;
(B) Five Federal registration permits will be issued by the Sitka or Hoonah District Ranger for the taking of brown bear for educational purposes associated with teaching customary and traditional subsistence harvest and use practices. Any bear taken under an educational permit does not count in an individual's one bear every four regulatory years limit.
Harvest limits
Open season
Hunting
Brown Bear:
Unit 4—Chichagof Island south and west of a line that follows the crest of the island from Rock Point (58° N. lat., 136°21′ W. long.) to Rodgers Point (57°35′ N. lat., 135°33′ W. long.) including Yakobi and other adjacent islands; Baranof Island south and west of a line which follows the crest of the island from Nismeni Point (57°34′ N. lat., 135°25′ W. long.) to the entrance of Gut Bay (56°44′ N. lat. 134°38′ W. long.) including the drainages into Gut Bay and including Kruzof and other adjacent islands—1 bear every four regulatory years by State registration permit only
Sept. 15-Dec. 31.
Mar. 15-May 31.
Unit 4—remainder—1 bear every four regulatory years by State registration permit only
Sept. 15-Dec. 31.
Mar. 15-May 20.
Deer: 6 deer; however, antlerless deer may be taken only from Sept. 15-Jan. 31
Aug. 1-Jan. 31.
Goat: 1 goat by State registration permit only
Aug. 1-Dec. 31.
Coyote: 2 coyotes
Sept. 1-Apr. 30.
Fox, Red (including Cross, Black, and Silver Phases): 2 foxes
Nov. 1-Feb. 15.
Hare (Snowshoe): 5 hares per day
Sept. 1-Apr. 30.
Lynx: 2 lynx
Dec. 1-Feb. 15.
Wolf: 5 wolves
Aug. 1-Apr. 30.
Wolverine: 1 wolverine
Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession
Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 1-May 15.
Trapping
Beaver: Unit 4—No limit
Dec. 1-May 15.
Coyote: No limit
Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and Silver Phases): No limit
Dec. 1-Feb. 15.
Lynx: No limit
Dec. 1-Feb. 15.
Marten: No limit
Dec. 1-Feb. 15.
Mink and Weasel: No limit
Dec. 1-Feb. 15.
Muskrat: No limit
Dec. 1-Feb. 15.
Otter: No limit
Dec. 1-Feb. 15.
Wolf: No limit
Nov. 10-Apr. 30.
Wolverine: No limit
Nov. 10-Apr. 30.
(5)
Unit 5
. (i) Unit 5 consists of all Gulf of Alaska drainages and islands between Cape Fairweather and the center line of Icy Bay, including the Guyot Hills:
(A) Unit 5A consists of all drainages east of Yakutat Bay, Disenchantment Bay, and the eastern edge of Hubbard Glacier, and includes the islands of Yakutat and Disenchantment Bays;
(B) Unit 5B consists of the remainder of Unit 5.
(ii) You may not take wildlife for subsistence uses on public lands within Glacier Bay National Park.
(iii) Unit-specific regulations:
(A) You may use bait to hunt black bear between April 15 and June 15;
(B) You may not shoot ungulates, bear, wolves, or wolverine from a boat, unless you are certified as disabled;
(C) You may hunt brown bear in Unit 5 with a Federal registration permit in lieu of a State metal locking tag; if you have obtained a Federal registration permit prior to hunting.
Harvest limits
Open season
Hunting
Black Bear: 2 bears, no more than one may be a blue or glacier bear
Sept. 1-June 30.
Brown Bear: 1 bear by Federal registration permit only
Sept. 1-May 31.
Deer:
Unit 5A—1 buck
Nov. 1-Nov. 30.
Unit 5B
No open season.
Goat:
Unit 5A—that area between the Hubbard Glacier and the West Nunatak Glacier on the north and east sides of Nunatak Fjord—1 goat by Federal registration permit. The U.S. Forest Service Yakutat District Ranger and ADF&G will jointly announce the harvest quota prior to the season. A minimum of two goats in the harvest quota will be reserved for Federally qualified subsistence users. The season will be closed by local announcement from the U.S. Forest Service Yakutat District Ranger when the quota has been taken. The harvest quota and season announcements will be made in consultation with The National Park Service and local residents
Aug. 1-Jan. 31.
Unit 5A—remainder—1 goat by Federal registration permit. The U.S. Forest Service Yakutat District Ranger and ADF&G will jointly announce the harvest quota prior to the season. A minimum of four goats in the harvest quota will be reserved for Federally qualified subsistence users. The season will be closed by local announcement when the quota has been taken. The harvest quota and season announcements will be made in consultation with The National Park Service and local residents
Aug. 1-Jan. 31.
Unit 5B—1 goat by Federal registration permit only
Aug. 1-Jan. 31.
Moose:
Unit 5A, Nunatak Bench—1 moose by State registration permit only. The season will be closed when 5 moose have been taken from the Nunatak Bench
Nov. 15-Feb. 15.
Unit 5A, except Nunatak Bench—1 bull by joint State/Federal registration permit only. The season will be closed when 60 bulls have been taken from the Unit. The season will be closed in that portion west of the Dangerous River when 30 bulls have been taken in that area. From Oct. 8-21, public lands will be closed to taking of moose, except by residents of Unit 5A hunting under these regulations
Oct. 8-Nov. 15.
Unit 5B—1 antlered bull by State registration permit only. The season will be closed when 25 antlered bulls have been taken from the entirety of Unit 5B
Sept. 1-Dec. 15.
Coyote: 2 coyotes
Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver Phases): 2 foxes
Nov. 1-Feb. 15.
Hare (Snowshoe): 5 hares per day
Sept. 1-Apr. 30.
Lynx: 2 lynx
Dec. 1-Feb. 15.
Wolf: 5 wolves
Aug. 1-Apr. 30.
Wolverine: 1 wolverine
Nov. 10-Feb. 15.
Grouse (Spruce and Ruffed): 5 per day, 10 in possession
Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 1-May 15.
Trapping
Beaver: No limit
Nov. 10-May 15.
Coyote: No limit
Nov. 10-Feb. 15.
Fox, Red (including Cross, Black and Silver Phases): No limit
Nov. 10-Feb. 15.
Lynx: No limit
Dec. 1-Feb. 15.
Marten: No limit
Nov. 10-Feb. 15.
Mink and Weasel: No limit
Nov. 10-Feb. 15.
Muskrat: No limit
Dec. 1-Feb. 15.
Otter: No limit
Nov. 10-Feb. 15.
Wolf: No limit
Nov. 10-Apr. 30.
Wolverine: No limit
Nov. 10-Apr. 30.
(6)
Unit 6.
(i) Unit 6 consists of all Gulf of Alaska and Prince William Sound drainages from the center line of Icy Bay (excluding the Guyot Hills) to Cape Fairfield including Kayak, Hinchinbrook, Montague, and adjacent islands, and Middleton Island, but excluding the Copper River drainage upstream from Miles Glacier, and excluding the Nellie Juan and Kings River drainages:
(A) Unit 6A consists of Gulf of Alaska drainages east of Palm Point near Katalla including Kanak, Wingham, and Kayak Islands;
(B) Unit 6B consists of Gulf of Alaska and Copper River Basin drainages west of Palm Point near Katalla, east of the west bank of the Copper River, and east of a line from Flag Point to Cottonwood Point;
(C) Unit 6C consists of drainages west of the west bank of the Copper River, and west of a line from Flag Point to Cottonwood Point, and drainages east of the east bank of Rude River and drainages into the eastern shore of Nelson Bay and Orca Inlet;
(D) Unit 6D consists of the remainder of Unit 6.
(ii) Unit-specific regulations:
(A) You may use bait to hunt black bear between April 15 and June 15;
(B) You may take coyotes in Units 6B and 6C with the aid of artificial lights;
(C) One permit will be issued by the Cordova District Ranger to the Native Village of Eyak to take one bull moose from Federal lands in Units 6B or C for their annual Memorial/Sobriety Day potlatch;
(D) A Federally qualified subsistence user (recipient) who is either blind, 65 years of age or older, at least 70 percent disabled, or temporarily disabled may designate another Federally qualified subsistence user to take any moose, deer, black bear, and beaver on his or her behalf in Unit 6, and goat in Unit 6D, unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients, but may have no more than one harvest limit in his or her possession at any one time;
(E) A hunter younger than 10 years old at the start of the hunt may not be issued a Federal subsistence permit to harvest black bear, deer, goat, moose, wolf, and wolverine;
(F) A hunter younger than 10 years old may harvest black bear, deer, goat, moose, wolf, and wolverine under the direct, immediate supervision of a licensed adult, at least 18 years old. The animal taken is counted against the adult's harvest limit. The adult is responsible for ensuring that all legal requirements are met.
(G) Up to five permits will be issued by the Cordova District Ranger to the Native Village of Chenega annually to harvest up to five deer total from Federal public lands in Unit 6D for their annual Old Chenega Memorial. Permits will have effective dates of July 1-June 30.
(H) Up to five permits will be issued by the Cordova District Ranger to the Tatitlek IRA Council annually to harvest up to five deer total from Federal public lands in Unit 6D for their annual Cultural Heritage Week. Permits will have effective dates of July 1-June 30.
Harvest limits
Open season
Hunting
Black Bear: 1 bear
Sept. 1-June 30.
Deer: 4 deer; however, antlerless deer may be taken only from Oct. 1-Dec. 31
Aug. 1-Dec. 31.
Goats:
Unit 6A and B—1 goat by State registration permit only
Aug. 20-Jan. 31.
Unit 6C
No open season.
Unit 6D (subareas RG242, RG243, RG244, RG249, RG266 and RG252 only)—1 goat by Federal registration permit only. In each of the Unit 6D subareas, goat seasons will be closed by the Cordova District Ranger when harvest limits for that subarea are reached. Harvest quotas are as follows: RG242—2 goats, RG243—4 goats, RG244—2 goats, RG249—4 goats, RG266—4 goats, RG252—1 goat
Aug. 20-Jan. 31.
Moose:
Unit 6C—1 antlerless moose by Federal registration permit only
Sept. 1-Oct. 31.
Unit 6C—1 bull by Federal registration permit only
Sept. 1-Dec. 31.
(In Unit 6C, only one moose permit may be issued per household. A household receiving a State permit for Unit 6C moose may not receive a Federal permit. The annual harvest quota will be announced by the U.S. Forest Service, Cordova Office, in consultation with ADF&G. The Federal harvest allocation will be 100% of the antlerless moose permits and 75% of the bull permits.)
Unit 6—remainder
No open season.
Beaver: 1 beaver per day, 1 in possession
May 1-Oct. 31.
Coyote:
Unit 6A and D—2 coyotes
Sept. 1-Apr. 30.
Unit 6B and 6C—No limit
July 1-June 30.
Fox, Red (including Cross, Black and Silver Phases)
No open season.
Hare (Snowshoe): No limit
July 1-June 30.
Lynx: 2 lynx
Nov. 10-Jan. 31.
Wolf: 5 wolves
Aug. 10-Apr. 30.
Wolverine: 1 wolverine
Sept. 1-Mar. 31.
Grouse (Spruce): 5 per day, 10 in possession
Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 1-May 15.
Trapping
Beaver: No limit
Dec. 1-Apr. 30.
Coyote:
Unit 6C—south of the Copper River Highway and east of the Heney Range—No limit
Nov. 10-Apr. 30.
Unit 6A, B, C remainder, and D—No limit
Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver Phases): No limit
Nov. 10-Feb. 28.
Marten: No limit
Nov. 10-Feb. 28.
Mink and Weasel: No limit
Nov. 10-Jan. 31.
Muskrat: No limit
Nov. 10-June 10.
Otter: No limit
Nov. 10-Mar. 31
Wolf: No limit
Nov. 10-Mar. 31.
Wolverine: No limit
Nov. 10-Feb. 28.
(7)
Unit 7.
(i) Unit 7 consists of Gulf of Alaska drainages between Gore Point and Cape Fairfield including the Nellie Juan and Kings River drainages, and including the Kenai River drainage upstream from the Russian River, the drainages into the south side of Turnagain Arm west of and including the Portage Creek drainage, and east of 150° W. long., and all Kenai Peninsula drainages east of 150° W. long., from Turnagain Arm to the Kenai River.
(ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:
(A) You may not take wildlife for subsistence uses in the Kenai Fjords National Park;
(B) You may not hunt in the Portage Glacier Closed Area in Unit 7, which consists of Portage Creek drainages between the Anchorage-Seward Railroad and Placer Creek in Bear Valley, Portage Lake, the mouth of Byron Creek, Glacier Creek, and Byron Glacier; however, you may hunt grouse, ptarmigan, hares, and squirrels with shotguns after September 1.
(C) You may not hunt moose in the Resurrection Creek Closed Area in Unit 7, which consists of the drainages of Resurrection Creek downstream from Rimrock and Highland Creeks including Palmer Creek.
(iii) Unit-specific regulations:
(A) You may use bait to hunt black bear between April 15 and June 15; except in the drainages of Resurrection Creek and its tributaries.
(B) [Reserved]
Harvest limits
Open season
Hunting
Black Bear: 3 bears
July 1-June 30.
Moose:
Unit 7—that portion draining into Kings Bay-Public lands are closed to the taking of moose by all users
No open season.
Unit 7, remainder—1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow tines on either antler, by Federal registration permit only
Aug. 10-Sept 20.
Beaver: 1 beaver per day, 1 in possession
May 1-Oct. 10.
Coyote: No limit
Sept. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver Phases): 2 foxes
Nov. 1-Feb. 15.
Hare (Snowshoe): No limit
July 1-June 30.
Lynx: 2 lynx
Nov. 10-Jan. 31.
Wolf:
Unit 7—that portion within the Kenai National Wildlife Refuge—2 wolves
Aug. 10-Apr. 30.
Unit 7, remainder—5 wolves
Aug. 10-Apr. 30.
Wolverine: 1 wolverine
Sept. 1-Mar. 31.
Grouse (Spruce): 10 per day, 20 in possession
Aug. 10-Mar. 31.
Grouse (Ruffed)
No open season.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 10-Mar. 31.
Trapping
Beaver: 20 beaver per season
Nov. 10-Mar. 31.
Coyote: No limit
Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver Phases): No limit
Nov. 10-Feb. 28.
Lynx: No limit
Jan. 1-Jan. 31.
Marten: No limit
Nov. 10-Jan. 31.
Mink and Weasel: No limit
Nov. 10-Jan. 31.
Muskrat: No limit
Nov. 10-May 15.
Otter: No limit
Nov. 10-Feb. 28.
Wolf: No limit
Nov. 10-Mar. 31.
Wolverine: No limit
Nov. 10-Feb. 28.
(8)
Unit 8.
Unit 8 consists of all islands southeast of the centerline of Shelikof Strait including Kodiak, Afognak, Whale, Raspberry, Shuyak, Spruce, Marmot, Sitkalidak, Amook, Uganik, and Chirikof Islands, the Trinity Islands, the Semidi Islands, and other adjacent islands.
(i) If you have a trapping license, you may take beaver with a firearm in Unit 8 from Nov. 10-Apr. 30.
(ii) [Reserved]
Harvest limits
Open season
Hunting
Brown Bear: 1 bear by Federal registration permit only. Up to 1 permit may be issued in Akhiok; up to 1 permit may be issued in Karluk; up to 3 permits may be issued in Larsen Bay; up to 2 permits may be issued in Old Harbor; up to 2 permits may be issued in Ouzinkie; and up to 2 permits may be issued in Port Lions. Permits will be issued by the Kodiak Refuge Manager
Dec. 1-Dec. 15.
Apr. 1-May 15.
Deer: Unit 8—all lands within the Kodiak Archipelago within the Kodiak National Wildlife Refuge, including lands on Kodiak, Ban, Uganik, and Afognak Islands—3 deer; however, antlerless deer may be taken only from Oct. 1-Jan. 31
Aug. 1-Jan. 31.
Elk: Kodiak, Ban, Uganik, and Afognak Islands—1 elk per household by Federal registration permit only. The season will be closed by announcement of the Refuge Manager, Kodiak National Wildlife Refuge when the combined Federal/State harvest reaches 15% of the herd
Sept. 15-Nov. 30.
Fox, Red (including Cross, Black and Silver Phases): 2 foxes
Sept. 1-Feb. 15.
Hare (Snowshoe): No limit
July 1-June 30.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 10-Apr. 30.
Trapping
Beaver: 30 beaver per season
Nov. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver Phases): No limit
Nov. 10-Mar. 31.
Marten: No limit
Nov. 10-Jan. 31.
Mink and Weasel: No limit
Nov. 10-Jan. 31.
Muskrat: No limit
Nov. 10-June 10.
Otter: No limit
Nov. 10-Jan. 31.
(9)
Unit 9.
(i) Unit 9 consists of the Alaska Peninsula and adjacent islands, including drainages east of False Pass, Pacific Ocean drainages west of and excluding the Redoubt Creek drainage; drainages into the south side of Bristol Bay, drainages into the north side of Bristol Bay east of Etolin Point, and including the Sanak and Shumagin Islands:
(A) Unit 9A consists of that portion of Unit 9 draining into Shelikof Strait and Cook Inlet between the southern boundary of Unit 16 (Redoubt Creek) and the northern boundary of Katmai National Park and Preserve;
(B) Unit 9B consists of the Kvichak River drainage except those lands drained by the Kvichak River/Bay between the Alagnak River drainage and the Naknek River drainage;
(C) Unit 9C consists of the Alagnak (Branch) River drainage, the Naknek River drainage, lands drained by the Kvichak River/Bay between the Alagnak River drainage and the Naknek River drainage, and all land and water within Katmai National Park and Preserve;
(D) Unit 9D consists of all Alaska Peninsula drainages west of a line from the southernmost head of Port Moller to the head of American Bay, including the Shumagin Islands and other islands of Unit 9 west of the Shumagin Islands;
(E) Unit 9E consists of the remainder of Unit 9.
(ii) In the following areas, the taking of wildlife for subsistence uses is prohibited or restricted on public lands:
(A) You may not take wildlife for subsistence uses in Katmai National Park;
(B) You may not use motorized vehicles, except aircraft, boats, or snowmobiles used for hunting and transporting a hunter or harvested animal parts from Aug. 1-Nov. 30 in the Naknek Controlled Use Area, which includes all of Unit 9C within the Naknek River drainage upstream from and including the King Salmon Creek drainage; however, you may use a motorized vehicle on the Naknek-King Salmon, Lake Camp, and Rapids Camp roads and on the King Salmon Creek trail, and on frozen surfaces of the Naknek River and Big Creek.
(iii) Unit-specific regulations:
(A) If you have a trapping license, you may use a firearm to take beaver in Unit 9B from April 1-May 31 and in the remainder of Unit 9 from April 1-30;
(B) You may hunt brown bear by State registration permit in lieu of a resident tag in Unit 9B, except that portion within the Lake Clark National Park and Preserve, if you have obtained a State registration permit prior to hunting.
(C) In Unit 9B, Lake Clark National Park and Preserve, residents of Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, residents of that portion of the park resident zone in Unit 9B, and 13.440 permit holders, may hunt brown bear by Federal registration permit in lieu of a resident tag; ten permits will be available with at least one permit issued in each community; however, no more than five permits will be issued in a single community. The season will be closed when four females or ten bears have been taken, whichever occurs first. The permits will be issued and closure announcements made by the Superintendent Lake Clark National Park and Preserve;
(D) Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port Alsworth may take up to a total of 10 bull moose in Unit 9B for ceremonial purposes, under the terms of a Federal registration permit from July 1-June 30. Permits will be issued to individuals only at the request of a local organization. This 10-moose limit is not cumulative with that permitted for potlatches by the State;
(E) For Units 9C and 9E only, a Federally qualified subsistence user (recipient) of Units 9C and 9E may designate another Federally qualified subsistence user of Units 9C and 9E to take bull caribou on his or her behalf unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report and turn over all meat to the recipient. There is no restriction on the number of possession limits the designated hunter may have in his/her possession at any one time;
(F) For Unit 9D, a Federally qualified subsistence user (recipient) may designate another Federally qualified subsistence user to take caribou on his or her behalf unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than four harvest limits in his/her possession at any one time;
(G) The communities of False Pass, King Cove, Cold Bay, Sand Point, and Nelson Lagoon annually may each take, from October 1-December 31 or May 10-25, one brown bear for ceremonial purposes, under the terms of a Federal registration permit. A permit will be issued to an individual only at the request of a local organization. The brown bear may be taken from either Unit 9D or Unit 10 (Unimak Island) only;
(H) You may hunt brown bear in Unit 9E with a Federal registration permit in lieu of a State locking tag if you have obtained a Federal registration permit prior to hunting.
Harvest limits
Open season
Hunting
Black Bear: 3 bears
July 1-June 30.
Brown Bear:
Unit 9B—Lake Clark National Park and Preserve—Rural residents of Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, residents of that portion of the park resident zone in Unit 9B; and 13.440 permit holders—1 bear by Federal registration permit only
July 1-June 30.
The season will be closed by the Lake Clark National Park and Preserve Superintendent when four females or ten bear have been taken, whichever occurs first
Unit 9B, remainder—1 bear by State registration permit only
Sept. 1-May 31.
Unit 9C—1 bear by Federal registration permit only
Oct. 1-May 31.
The season will be closed by the Katmai National Park and Preserve Superintendent in consultation with BLM and FWS land managers and ADF&G, when six females or ten bear have been taken, whichever occurs first
Unit 9E—1 bear by Federal registration permit
Sept. 25-Dec. 31.
Apr. 15-May 25.
Caribou:
Unit 9A—4 caribou; however, no more than 2 caribou may be taken Aug. 10-Sept. 30 and no more than 1 caribou may be taken Oct. 1-Nov. 30
Aug. 10-Mar. 31.
Unit 9B—3 caribou; however, no more than 1 caribou may be taken from July 1-Nov. 30
July 1-Apr. 15.
Unit 9C, that portion within the Alagnak River drainage—1 caribou
Aug. 1-Mar. 31.
Unit 9C, remainder—Federal public lands are closed to the taking of caribou
Unit 9D—Federal public lands are closed to the taking of caribou
No open season.
Unit 9E—Federal public lands are closed to the taking of caribou
No open season.
Sheep:
Unit 9B, that portion within Lake Clark National Park and Preserve—1 ram with 3/4 curl or larger horn by Federal registration permit only. By announcement of the Lake Clark National Park and Preserve Superintendent, the summer/fall season will be closed when up to 5 sheep are taken and the winter season will be closed when up to 2 sheep are taken
Jan. 1-Apr. 1.
Unit 9B—remainder—1 ram with
7/8
curl or larger horn by Federal registration permit only
Aug. 10-Oct. 10.
Unit 9—remainder—1 ram with
7/8
curl or larger horn
Aug. 10-Sept. 20.
Moose:
Unit 9A-1 bull
Sept. 1-15.
Unit 9B-1 bull
Aug. 20-Sept. 15.
Dec. 1-Jan. 15.
Unit 9C—that portion draining into the Naknek River from the north—1 bull
Sept. 1-15.
Dec. 1-31.
Unit 9C—that portion draining into the Naknek River from the south—1 bull by Federal registration permit only. Public lands are closed during December for the hunting of moose, except by Federally qualified subsistence users hunting under these regulations
Sept. 1-15.
Dec. 1-31.
Unit 9C—remainder—1 bull
Sept. 1-15.
Dec. 15-Jan. 15.
Unit 9D—1 bull by Federal registration permit. Federal public lands will be closed by announcement of the Izembek Refuge Manager to the harvest of moose when a total of 10 bulls have been harvested between State and Federal hunts
Dec. 15-Jan. 20.
Unit 9E—1 bull, however only antlered bulls may be taken Dec. 1-Jan. 31
Aug. 20-Sept. 20.
Dec. 1-Jan. 31.
Beaver: Unit 9B and 9E—2 beaver per day
Apr. 15-May 31.
Coyote: 2 coyotes
Sept. 1-Apr. 30.
Fox, Arctic (Blue and White): No limit
Dec. 1-Mar. 15
Fox, Red (including Cross, Black and Silver Phases): 2 foxes
Sept. 1-Feb. 15.
Hare (Snowshoe and Tundra): No limit
July 1-June 30.
Lynx: 2 lynx
Nov. 10-Feb. 28.
Wolf: 10 wolves
Aug. 10-Apr. 30.
Wolverine: 1 wolverine
Sept. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in possession
Aug. 10-Apr. 30.
Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession
Aug. 10-Apr. 30.
Trapping
Beaver:
No limit
Oct. 10-Mar. 31.
2 beaver per day; only firearms may be used
Apr. 15-May 31.
Coyote: No limit
Nov. 10-Mar. 31.
Fox, Arctic (Blue and White): No limit
Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and Silver Phases): No limit
Nov. 10-Feb. 28.
Lynx: No limit
Nov. 10-Feb. 28.
Marten: No limit
Nov. 10-Feb. 28.
Mink and Weasel: No limit
Nov. 10-Feb. 28.
Muskrat: No limit
Nov. 10-June 10.
Otter: No limit
Nov. 10-Mar. 31.
Wolf: No limit
Nov. 10-Mar. 31.
Wolverine: No limit
Nov. 10-Feb. 28.
(10)
Unit 10.
(i) Unit 10 consists of the Aleutian Islands, Unimak Island, and the Pribilof Islands.
(ii) You may not take any wildlife species for subsistence uses on Otter Island in the Pribilof Islands.
(iii) In Unit 10—Unimak Island only, a Federally qualified subsistence user (recipient) may designate another Federally qualified subsistence user to
take caribou on his or her behalf unless the recipient is a member of a community operating under a community harvest system. The designated hunter must obtain a designated hunter permit and must return a completed harvest report. The designated hunter may hunt for any number of recipients but may have no more than four harvest limits in his/her possession at any one time.
(iv) The communities of False Pass, King Cove, Cold Bay, Sand Point, and Nelson Lagoon annually may each take, from October 1-December 31 or May 10-25, one brown bear for ceremonial purposes, under the terms of a Federal registration permit. A permit will be issued to an individual only at the request of a local organization. The brown bear may be taken from either Unit 9D or Unit 10 (Unimak Island) only.
Harvest limits
Open season
Hunting
Caribou:
Unit 10-Unimak Island only—2 caribou by Federal registration permit only
Aug. 1-Sept. 30.
Nov. 15-Mar. 31.
Unit 10, remainder—No limit
July 1-June 30.
Coyote: 2 coyotes
Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No limit
July 1-June 30.
Fox, Red (including Cross, Black and Silver Phases): 2 foxes
Sept. 1-Feb. 15.
Wolf: 5 wolves
Aug. 10-Apr. 30.
Wolverine: 1 wolverine
Sept. 1-Mar. 31.
Ptarmigan (Rock and Willow): 20 per day, 40 in possession
Aug. 10-Apr. 30.
Trapping
Coyote: 2 coyotes
Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No limit
July 1-June 30.
Fox, Red (including Cross, Black and Silver Phases): 2 foxes
Sept. 1-Feb. 28.
Mink and Weasel: No limit
Nov. 10-Feb. 28.
Muskrat: No limit
Nov. 10-June 10.
Otter: No limit
Nov. 10-Mar. 31.
Wolf: No limit
Nov. 10-Mar. 31.
Wolverine: No limit
Nov. 10-Feb. 28.
(11)
Unit 11.
Unit 11 consists of that area draining into the headwaters of the Copper River south of Suslota Creek and the area drained by all tributaries into the east bank of the Copper River between the confluence of Suslota Creek with the Slana River and Miles Glacier.
(i) Unit-specific regulations:
(A) You may use bait to hunt black bear between April 15 and June 15;
(B) One moose without calf may be taken from June 20-July 31 in the Wrangell-St. Elias National Park and Preserve in Unit 11 or 12 for the Batzulnetas Culture Camp. Two hunters from either Chistochina or Mentasta Village ma
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.