[Federal Register: December 27, 2007 (Volume 72, Number 247)]
[Rules and Regulations]
[Page 73425-73482]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de07-13]
[[Page 73425]]
-----------------------------------------------------------------------
Part II
Department of Agriculture
-----------------------------------------------------------------------
Forest Service
-----------------------------------------------------------------------
36 CFR Part 242
-----------------------------------------------------------------------
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
50 CFR Part 100
Subsistence Management Regulations for Public Lands in Alaska, Subpart
C and Subpart D--2007-08 Subsistence Taking of Wildlife Regulations;
2007-08 Subsistence Taking of Fish on the Kenai Peninsula Regulations;
Final Rule
[[Page 73426]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AU15
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--2007-08 Subsistence Taking of Wildlife
Regulations; 2007-08 Subsistence Taking of Fish on the Kenai Peninsula
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 2007-08 regulatory year. The
rulemaking is necessary because the regulations governing the
subsistence harvest of wildlife in Alaska are subject to an annual
public review cycle. This rulemaking replaces the wildlife regulations
that expired on June 30, 2007. This rule also amends the regulations
that establish which Alaska residents are eligible to take specific
species for subsistence uses. In addition, this rule revises the
regulations for fishing seasons, harvest limits, methods and means
related to taking of fish on the Kenai Peninsula for subsistence uses
during the 2007-08 regulatory year. This rule also amends the customary
and traditional use determinations of the Federal Subsistence Board.
DATES: This rule is effective December 27, 2007. Compliance with Sec.
----.24(a)(1) was required as of July 1, 2007; compliance with Sec. --
--.24(a)(2) was required as of April 1, 2007; compliance with Sec. --
--.25 was required as of July 1, 2007; compliance with Sec. ----.26 is
required from July 1, 2007, through June 30, 2008; and compliance with
Sec. ----.27(i)(10) is required from June 11, 2007, through March 31,
2008.
ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 3601 C Street, Suite 1030,
Anchorage, AK, 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) 786-3888.
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 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 242.1-242.28 and 50
CFR 100.1-100.28, 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.
Consistent with subparts A, B, and C of these regulations, as
revised December 27, 2005 (70 FR 76400), 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, B, and C, which set forth the program, and
the subpart D regulations, which are revised annually.
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, and
user diversity within each region.
Because the subpart D regulations, which establish seasons and
harvest limits and methods and means, are subject to an annual cycle,
they require development of an entire new rule each year. Customary and
traditional use determinations (subpart C) are subject to an annual
review process providing for modification each year. Section ----.24
(i.e., customary and traditional use
[[Page 73427]]
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 Sec. ----.24.
----------------------------------------------------------------------------------------------------------------
Rule made changes to the following provisions of
Federal Register citation Date of publication: ----.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.
----------------------------------------------------------------------------------------------------------------
Current Rule
The Departments published a proposed rule on August 14, 2006 (71 FR
46423), to amend subparts C and D of 36 CFR part 242 and 50 CFR part
100. The proposed rule opened a comment period, which closed on October
20, 2006. The Departments advertised the proposed rule by mail, radio,
and newspaper. During that period, the Regional Councils met and, in
addition to other Regional Council business, received suggestions for
proposals from the public. The Board received a total of 64 proposals
for changes to subparts C and D. After the proposal period closed, the
Board prepared two booklets describing the proposals and distributed
them to the public. One booklet was for wildlife proposals Statewide,
and the other was for fish proposals for the Kenai Peninsula; both were
also available online. The public then had an additional 30 days in
which to comment on the proposals for changes to the regulations.
The 10 Regional Councils met again, received public comments, and
formulated their recommendations to the Board on proposals for 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 meetings of April
30-May 2, 2007 and May 8-10, 2007. 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 64 proposals, the Board adopted 18 and rejected 14. The
Board adopted 20 proposals with modifications and took no action on 8
proposals due to action that they had taken on other similar proposals.
The Board deferred two proposals to allow collection of additional
information. One proposal had been withdrawn by the proponent prior to
the meeting, and one proposal was withdrawn during the meeting at the
request of the proponent and with the concurrence of the Chair of the
Regional Council and Board members.
Summary of Proposals Rejected by the Board
The Board rejected or took no action on 23 proposals.
All of the rejected proposals were recommended for rejection by at
least one of the Regional Councils. Detailed information relating to
justification for the action on each proposal may be found in the Board
meeting transcripts, available for review at the Office of Subsistence
Management, 3601 C Street, Suite 1030, Anchorage, Alaska 99503, or on
the Office of Subsistence Management Web site (http://alaska.fws.gov/asm/home.html
).
Summary of Proposals Adopted by the Board
The Board adopted 38 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 may
have been
[[Page 73428]]
made during Board deliberations, and were based on customary and
traditional uses or harvest practices, or on protecting fish or
wildlife populations. Detailed information relating to justification
for the action on each proposal may be found in the Board meeting
transcripts, available for review at the Office of Subsistence
Management, 3601 C Street, Suite 1030, Anchorage, Alaska 99503, or on
the Office of Subsistence Management Web site (http://alaska.fws.gov/asm/home.html
). Additional minor modifications have been made by
changing titles of officials delegated to open or close seasons or set
harvest restrictions. This was necessary because of office
reorganizations and internal agency changes in official geographic
responsibilities.
One wildlife proposal was adopted by the Board contrary to the
recommendations of the Eastern Interior and North Slope Regional
Advisory Councils. The Board's decision was made in consideration of
Section 815(3) of ANILCA, which allows restricting nonsubsistence uses
only if needed to conserve healthy populations of fish and wildlife, to
continue subsistence uses, for public safety, or for administration.
The Board concluded that maintaining the closure to nonsubsistence
hunting of sheep in the Red Sheep Creek and Cane Creek drainages within
the management area was no longer necessary for conservation of a
healthy sheep population, to provide for continued subsistence use of
sheep, for public safety, or for administration.
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 excess of standard 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.
In the more than 15 years the Program has been operating, no
benefit to the public has been demonstrated by delaying the effective
date of the subsistence regulations. A further lapse in regulatory
control could affect the continued viability of 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) to make this rule
effective upon publication in the Federal Register. We further believe
that sufficient public notice has been given to affected persons about
the Board decisions, and we have established the compliance dates 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 an annual
regulatory cycle regarding subsistence hunting and fishing regulations
(subpart D). The Final Environmental Impact Statement (FEIS) was
published on February 28, 1992.
Based on the public 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 an
annual regulatory cycle for subsistence hunting and fishing
regulations. The final rule for subsistence management regulations for
public lands in Alaska, subparts A, B, and C, implemented the Federal
Subsistence Management Program and included a framework for an annual
cycle for subsistence hunting and fishing regulations. 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.
[[Page 73429]]
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 Because we received no
Final Rule. adverse comments on the
direct final rule (67 FR
30559), we adopted the
direct final rule.
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--This rule is not a significant rule subject to
OMB review under Executive Order 12866. This rulemaking will impose no
significant costs on small entities; this rule does not restrict any
existing sport, commercial fishery, hunting and trapping on the public
lands, and subsistence fisheries will continue at essentially the same
levels as they presently occur. The number of businesses and the amount
of trade that will result from this Federal land-related activity is
unknown but expected to be insignificant.
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.
A small additional number of pounds of fish are harvested by local
subsistence users in the Kenai Peninsula area. The cultural benefits of
maintaining a subsistence lifestyle can also be of considerable value
to the participants.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence preference on public lands. The scope of
[[Page 73430]]
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.
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.
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.
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.
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.
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. Charles Ardizzone, Alaska State Office, Bureau of
Land Management; Sandy Rabinowitch and Nancy Swanton, Alaska Regional
Office, National Park Service; Drs. Warren Eastland and Glenn Chen,
Alaska Regional Office, Bureau of Indian Affairs; Jerry Berg, Alaska
Regional Office, U.S. Fish and Wildlife Service; and Steve Kessler,
Alaska Regional Office, U.S. Forest Service, provided additional
assistance.
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
0
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
0
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
0
2. In subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. --
--.24(a)(1) and (2) are revised to read as follows:
Sec. ----.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 Moose............ Residents of Units
Islands. 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.
[[Page 73431]]
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 Goat............. Residents of Port
area. Graham and Nanwalek.
Unit 7, that portion draining Moose............ Residents of Chenega
into Kings Bay. Bay and TaTitlek.
Unit 7, remainder............. Moose............ No Federal
subsistence
priority.
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.
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 Moose............ Residents of Unit 9A,
Unit 9E. 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, & Beaver........... Residents of Units
Unit E. 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 Black Bear....... Residents of
River. 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 Brown Bear....... Residents of
River. Chistochina,
Chitina, Copper
Center, Gakona,
Glennallen, Gulkana,
Kenny Lake, Mentasta
Lake, Slana,
Tazlina, Tonsina,
and Units 11 and 12.
[[Page 73432]]
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 Caribou.......... Residents of Units
River. 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 Moose............ Residents of Units
River. 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 Sheep............ Residents of Unit 12,
River. 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, Residents of Units
Blue, Ruffed and 11, 12, 13 and the
Sharp-tailed). residents of
Chickaloon, 15, 16,
20D, 22 and 23.
Unit 11....................... Ptarmigan (Rock, Residents of Units
Willow and White- 11, 12, 13 and the
tailed). 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 Moose............ Residents of Unit 12,
the Tetlin National Wildlife 13C, Dot Lake, and
Refuge and those lands within Healy Lake.
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.
Unit 12, that portion east of Moose............ Residents of Unit 12,
the Nabesna River and Nabesna 13C, and Healy Lake.
Glacier, and south of the
Winter Trail running
southeast from Pickerel Lake
to the Canadian border.
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.
[[Page 73433]]
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, Residents of Units
Blue, Ruffed & 11, 13 and the
Sharp-tailed). residents of
Chickaloon, 15, 16,
20D, 22 & 23.
Unit 13....................... Ptarmigan (Rock, Residents of Units
Willow and White- 11, 13 and the
tailed). 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 15....................... Moose............ Residents of
Ninilchik, Nanwalek,
Port Graham, and
Seldovia.
Unit 15....................... Sheep............ No Federal
subsistence
priority.
Unit 15....................... Ptarmigan (Rock, Residents of Unit 15.
Willow and White-
tailed).
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 Residents of Units
and Ruffed). 11, 13 and the
residents of
Chickaloon, 15, 16,
20D, 22 and 23.
Unit 16....................... Ptarmigan (Rock, Residents of Units
Willow and White- 11, 13 and the
tailed). residents of
Chickaloon, 15, 16,
20D, 22 and 23.
Unit 17A and that portion of Black Bear....... Residents of Units 9A
17B draining into Nuyakuk and B, 17, Akiak,
Lake and Tikchik Lake. and Akiachak.
Unit 17, remainder............ Black Bear....... Residents of Units 9A
and B, and 17.
Unit 17A and Unit 17B, those Brown Bear....... Residents of
portions north and west of a Kwethluk.
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.
Unit 17A, remainder........... Brown Bear....... Residents of Unit 17,
Akiak, Akiachak,
Goodnews Bay, and
Platinum.
Unit 17B, that portion Brown Bear....... Residents of Akiak
draining into Nuyakuk Lake and Akiachak.
and Tikchik Lake.
Unit 17B and Unit 17C......... Brown Bear....... Residents of Unit 17.
Unit 17A, that portion west of Caribou.......... Residents of Goodnews
the Izavieknik River, Upper Bay, Platinum,
Togiak Lake, Togiak Lake, and Quinhagak, Eek,
the main course of the Togiak Tuntutuliak, and
River. Napakiak.
Unit 17A, that portion north Caribou.......... Residents of Akiak,
of Togiak Lake that includes Akiachak, and
Izavieknik River drainages. Tuluksak.
Unit 17A and 17B, those Caribou.......... Residents of
portions north and west of a Kwethluk.
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.
Unit 17B, that portion of Caribou.......... Residents of Bethel,
Togiak National Wildlife Goodnews Bay,
Refuge within Unit 17B. Platinum, Quinhagak,
Eek, Akiak,
Akiachak, Tuluksak,
Tuntutuliak, and
Napakiak.
Unit 17, remainder............ Caribou.......... Residents of Units
9B, 17, Lime
Village, and Stony
River.
17A and 17B, those portions Moose............ Residents of
north and west of a line Kwethluk.
beginning from the Unit 18
boundary at the northwest end
of Nenevok Lake, to the
southern point of upper
Togiak Lake, and northeast to
the northern point of Nuyakuk
Lake, northeast to the point
where the Unit 17 boundary
intersects the Shotgun Hills.
[[Page 73434]]
Unit 17A, that portion north Moose............ Residents of Akiak,
of Togiak Lake that includes Akiachak.
Izavieknik River drainages.
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 Moose............ Residents of Akiak,
the Togiak National Wildlife Akiachak.
Refuge.
Unit 17B, remainder and Unit Moose............ Residents of Unit 17,
17C. 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 Moose............ Residents of Unit 18,
Yukon River drainage upstream Upper Kalskag,
of Russian Mission and that Aniak, and
portion of the Kuskokwim Chuathbaluk.
River drainage upstream of,
but not including, the
Tuluksak River drainage.
Unit 18, that portion north of Moose............ Residents of Unit 18,
a line from Cape Romanzof to St. Michael,
Kusilvak Mountain to Mountain Stebbins, and Upper
Village, and all drainages Kalskag.
north of the Yukon River
downstream from Marshall.
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 Moose............ Residents of Eek and
Kogrukluk River. 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.
[[Page 73435]]
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 Moose............ Residents of Minto
Management Area. 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, Residents of Units
Ruffed and Sharp- 11, 13 and the
tailed). residents of
Chickaloon, 15, 16,
20D, 22, and 23.
Unit 20D...................... Ptarmigan (Rock Residents of Units
and Willow). 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 Black Bear....... No Federal
22E. 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 Musk ox.......... Residents of Unit 22B
Mountains. and 22C.
Unit 22B, remainder........... Musk ox.......... Residents of Unit
22B.
Unit 22C...................... Musk ox.......... Residents of Unit
22C.
Unit 22D, that portion within Musk ox.......... Residents of Unit
the Kougarok, Kuzitrin, and 22C, White Mountain,
Pilgrim River drainages. 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 Residents of Units
and Willow). 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.
[[Page 73436]]
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 Musk ox.......... Residents of Unit 23
Sound and west of and south of Kotzebue
including the Buckland River Sound and west of
drainage. 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 Residents of Units
and Ruffed). 11, 13 and the
residents of
Chickaloon, 15, 16,
20D, 22, and 23.
Unit 23....................... Ptarmigan (Rock, Residents of Units
Willow and White- 11, 13 and the
tailed). residents of
Chickaloon, 15, 16,
20D, 22, and 23.
Unit 24, that portion south of Black Bear....... Residents of Stevens
Caribou Mountain, and within Village, Unit 24 and
the public lands composing or Wiseman, but not
immediately adjacent to the including any other
Dalton Highway Corridor residents of the
Management Area. 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 Brown Bear....... Residents of Stevens
Caribou Mountain, and within Village and
the public lands composing or residents of Unit
immediately adjacent to the 24.
Dalton Highway Corridor
Management Area.
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.
------------------------------------------------------------------------
[[Page 73437]]
(2) Fish determinations. The following communities and areas have
been found to have a positive customary and traditional use
determination in the listed area for the indicated species:
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
KOTZEBUE AREA................. All fish......... Residents of the
Kotzebue Area.
NORTON SOUND--PORT CLARENCE
AREA:
Norton Sound-Port Clarence All fish......... Residents of
Area, waters draining Stebbins, St.
into Norton Sound between Michael, and Kotlik.
Point Romanof and Canal
Point.
Norton Sound-Port Clarence All fish......... Residents of the
Area, remainder. Norton Sound-Port
Clarence Area.
YUKON-NORTHERN AREA:
Yukon River drainage...... Salmon, other Residents of the
than fall chum Yukon River drainage
salmon. and the community of
Stebbins.
Yukon River drainage...... Fall chum salmon. Residents of the
Yukon River drainage
and the communities
of Stebbins, Scammon
Bay, Hooper Bay, and
Chevak.
Yukon River drainage...... Freshwater fish Residents of the
(other than Yukon-Northern Area.
salmon).
Remainder of the Yukon- All fish......... Residents of the
Northern Area. Yukon-Northern Area,
excluding the
residents of the
Yukon River drainage
and excluding those
domiciled in Unit
26B.
Tanana River drainage Freshwater fish Residents of the
contained within the Tetlin (other than Yukon-Northern Area
NWR and the Wrangell-St. salmon). and residents of
Elias NPP. Mentasta Lake,
Chistochina, Slana,
and all residents
living between
Mentasta Lake and
Chistochina.
KUSKOKWIM AREA................ Salmon........... Residents of the
Kuskokwim Area,
except those persons
residing on the
United States
military
installations
located on Cape
Newenham, Sparrevohn
USAFB, and Tatalina
USAFB.
Rainbow trout.... Residents of the
communities of
Akiachak, Akiak,
Aniak, Atmautluak,
Bethel, Chuathbaluk,
Crooked Creek, Eek,
Goodnews Bay,
Kasigluk, Kwethluk,
Lower Kalskag,
Napakiak, Napaskiak,
Nunapitchuk,
Oscarville,
Platinum, Quinhagak,
Tuluksak,
Tuntutuliak, and
Upper Kalskag.
Pacific cod...... Residents of the
communities of
Chevak, Newtok,
Tununak, Toksook
Bay, Nightmute,
Chefornak, Kipnuk,
Mekoryuk,
Kwigillingok,
Kongiganak, Eek, and
Tuntutuliak.
All other fish Residents of the
other than Kuskokwim Area,
herring. except those persons
residing on the
United States
military
installation located
on Cape Newenham,
Sparrevohn USAFB,
and Tatalina USAFB.
Waters around Nunivak Island.. Herring and Residents within 20
herring roe. miles of the coast
between the
westernmost tip of
the Naskonat
Peninsula and the
terminus of the
Ishowik River and on
Nunivak Island.
BRISTOL BAY AREA--
Nushagak District, including Salmon and Residents of the
drainages flowing into the freshwater fish. Nushagak District
district. and freshwater
drainages flowing
into the district.
Naknek-Kvichak District-- Salmon and Residents of the
Naknek River drainage. freshwater fish. Naknek and Kvichak
River drainages.
Naknek-Kvichak District-- Salmon and Residents of the
Kvichak/Iliamna-Lake Clark freshwater fish. Kvichak/Iliamna-Lake
drainage. Clark drainage.
Togiak District, including Salmon and Residents of the
drainages flowing into the freshwater fish. Togiak District,
district. freshwater drainages
flowing into the
district, and the
community of
Manokotak.
Egegik District, including Salmon and Residents of South
drainages flowing into the freshwater fish. Naknek, the Egegik
district. District and
freshwater drainages
flowing into the
district.
Ugashik District, including Salmon and Residents of the
drainages flowing into the freshwater fish. Ugashik District and
district. freshwater drainages
flowing into the
district.
Togiak District............... Herring spawn on Residents of the
kelp. Togiak District and
freshwater drainages
flowing into the
district.
Remainder of the Bristol Bay All fish......... Residents of the
Area. Bristol Bay Area.
ALEUTIAN ISLANDS AREA......... All fish......... Residents of the
Aleutian Islands
Area and the
Pribilof Islands.
ALASKA PENINSULA AREA......... Halibut.......... Residents of the
Alaska Peninsula
Area and the
communities of
Ivanof Bay and
Perryville.
All other fish in Residents of the
the Alaska Alaska Peninsula
Peninsula Area. Area.
CHIGNIK AREA.................. Halibut, salmon Residents of the
and fish other Chignik Area.
than rainbow/
steelhead trout.
[[Page 73438]]
KODIAK AREA--except the Salmon........... Residents of the
Mainland District, all waters Kodiak Island
along the south side of the Borough, except
Alaska Peninsula bounded by those residing on
the latitude of Cape Douglas the Kodiak Coast
(58[deg]51.10' North Guard Base.
latitude) mid-stream Shelikof
Strait, north and east of the
longitude of the southern
entrance of Imuya Bay near
Kilokak Rocks (57[deg]10.34'
North latitude,
156[deg]20.22' West
longitude).
Kodiak Area................... Fish other than Residents of the
rainbow/ Kodiak Area.
steelhead trout
and salmon.
COOK INLET AREA...............
Kenai Peninsula District-- All fish......... Residents of the
Waters north of and including communities of Hope
the Kenai River drainage and Cooper Landing.
within the Kenai National
Wildlife Refuge and the
Chugach National Forest.
Kenai Peninsula District-- Salmon........... Residents of the
Waters north of and including community of
the Kenai River drainage Ninilchik.
within the Kenai National
Wildlife Refuge and the
Chugach National Forest.
Waters within the Kasilof All fish......... Residents of the
River drainage within the community of
Kenai NWR. Ninilchik.
Waters within Lake Clark Salmon........... Residents of the
National Park draining into Tuxedni Bay area.
and including that portion of
Tuxedni Bay within the park.
Cook Inlet Area............... Fish other than Residents of the Cook
salmon, Dolly Inlet Area.
Varden, trout,
char, grayling,
and burbot.
PRINCE WILLIAM SOUND AREA:
Southwestern District and Salmon........... Residents of the
Green Island. Southwestern
District, which is
mainland waters from
the outer point on
the north shore of
Granite Bay to Cape
Fairfield, and
Knight Island,
Chenega Island,
Bainbridge Island,
Evans Island,
Elrington Island,
Latouche Island and
adjacent islands.
North of a line from Salmon........... Residents of the
Porcupine Point to villages of Tatitlek
Granite Point, and south and Ellamar.
of a line from Point Lowe
to Tongue Point.
Copper River drainage Freshwater fish.. Residents of
upstream from Haley Creek. Cantwell, Chisana,
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen, Gulkana,
Healy Lake, Kenny
Lake, Lower Tonsina,
McCarthy, Mentasta
Lake, Nabesna,
Northway, Slana,
Tanacross, Tazlina,
Tetlin, Tok,
Tonsina, and those