Subsistence Management Regulations for Public Lands in Alaska--2008-09 and 2009-10 Subsistence Taking of Wildlife Regulations
Jun 24, 2008 (FIND, Inc. via COMTEX) --
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.
EFFECTIVE DATE: 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., [Section] __.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
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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 S. --.24.
[These regulations appear in both 36 CFR 242 and 50 CFR 100]
Note: The Board met
May 20-22, 2003, but did
not make any additional
customary and traditional
use determinations.
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).
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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
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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:
[Page Number 35730]
Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B,
and C: Federal Register Documents Pertaining to the Final Rule
Federal Register Date of Category Details
citation publication
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 Because no adverse
Direct Final Rule 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
[Page Number 35731]
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, [Section] _.24(a)(1) is revised to read as follows:
[Section] _.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 Moose Residents of Units 1B, 2,
Mitkof Islands 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 Goat Residents of Port Graham
hunt area and Nanwalek.
Unit 7, that portion Moose Residents of Chenega Bay,
draining into Kings 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 Moose Residents of Unit 9A, 9B,
and Unit 9E 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 9A,
& Unit E 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 Black Bear Residents of Chistochina,
Sanford River 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 Brown Bear Residents of Chistochina,
Sanford River 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 Caribou Residents of Units 11,
Sanford River 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 Moose Residents of Units 11,
Sanford River 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 Sheep Residents of Unit 12,
Sanford 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, Blue, Residents of Units 11,
Ruffed and Sharp-tailed) 12, 13 and the residents
of Chickaloon, 15, 16,
20D, 22 and 23.
Unit 11 Ptarmigan (Rock, Willow Residents of Units 11,
and White-tailed) 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 Moose Residents of Unit 12,
within the Tetlin 13C, Dot Lake, and Healy
National Wildlife Refuge Lake.
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
Unit 12, that portion Moose Residents of Unit 12,
east of the Nabesna River 13C, and Healy Lake.
and Nabesna 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.
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, Residents of Units 11, 13
Ruffed & Sharp-tailed) and the residents of
Chickaloon, 15, 16, 20D,
22 & 23.
Unit 13 Ptarmigan (Rock, Willow Residents of Units 11, 13
and White-tailed) 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 Residents of Unit 15.
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 and Residents of Units 11, 13
Ruffed) and the residents of
Chickaloon, 15, 16, 20D,
22 and 23.
Unit 16 Ptarmigan (Rock, Willow Residents of Units 11, 13
and White-tailed) and the residents of
Chickaloon, 15, 16, 20D,
22 and 23.
Unit 17A and that portion Black Bear Residents of Units 9A and
of 17B draining into B, 17, Akiak, and
Nuyakuk Lake and Tikchik Akiachak.
Lake
Unit 17, remainder Black Bear Residents of Units 9A and
B, and 17.
Unit 17A and Unit 17B, Brown Bear Residents of Kwethluk.
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
Unit 17A, remainder Brown Bear Residents of Unit 17,
Akiak, Akiachak, Goodnews
Bay, and Platinum.
Unit 17B, that portion Brown Bear Residents of Akiak and
draining into Nuyakuk Akiachak.
Lake and Tikchik Lake
Unit 17B and Unit 17C Brown Bear Residents of Unit 17.
Unit 17A, that portion Caribou Residents of Goodnews
west of the Izavieknik Bay, Platinum, Quinhagak,
River, Upper Togiak Lake, Eek, Tuntutuliak, and
Togiak Lake, and the main Napakiak.
course of the Togiak
River
Unit 17A, that portion Caribou Residents of Akiak,
north of Togiak Lake that Akiachak, and Tuluksak.
includes Izavieknik River
drainages
Unit 17A and 17B, those Caribou Residents of Kwethluk.
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
Unit 17B, that portion of Caribou Residents of Bethel,
Togiak National Wildlife Goodnews Bay, Platinum,
Refuge within Unit 17B 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 Moose Residents of Kwethluk.
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
Unit 17A, that portion Moose Residents of Akiak,
north of Togiak Lake that Akiachak.
includes 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 Moose Residents of Akiak,
within the Togiak Akiachak.
National Wildlife Refuge
Unit 17B, remainder and Moose Residents of Unit 17,
Unit 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 Moose Residents of Unit 18,
the Yukon River drainage Upper Kalskag, Aniak, and
upstream of Russian Chuathbaluk.
Mission and that portion
of the Kuskokwim River
drainage upstream of, but
not including, the
Tuluksak River drainage
Unit 18, that portion Moose Residents of Unit 18, St.
north of a line from Cape Michael, Stebbins, and
Romanzof to Kusilvak Upper Kalskag.
Mountain to Mountain
Village, and all
drainages 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.
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 and
Management Area 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 Residents of Units 11, 13
and Sharp-tailed) and the residents of
Chickaloon, 15, 16, 20D,
22, and 23.
Unit 20D Ptarmigan (Rock and Residents of Units 11, 13
Willow) 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 Black Bear No Federal subsistence
Unit 22E 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 Musk ox Residents of Unit 22B and
Darby Mountains 22C.
Unit 22B, remainder Musk ox Residents of Unit 22B.
Unit 22C Musk ox Residents of Unit 22C.
Unit 22D, that portion Musk ox Residents of Unit 22C,
within the Kougarok, White Mountain, and Unit
Kuzitrin, and Pilgrim 22D excluding St.
River drainages 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 Residents of Units 11, 13
Willow) 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 Musk ox Residents of Unit 23
Kotzebue Sound and west south of Kotzebue Sound
of and including the and west of and including
Buckland River drainage 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 Residents of Units 11, 13
Ruffed) and the residents of
Chickaloon, 15, 16, 20D,
22, and 23.
Unit 23 Ptarmigan (Rock, Willow Residents of Units 11, 13
and White-tailed) and the residents of
Chickaloon, 15, 16, 20D,
22, and 23.
Unit 24, that portion Black Bear Residents of Stevens
south of Caribou Village, Unit 24 and
Mountain, and within the Wiseman, but not
public lands composing or including any other
immediately adjacent to residents of the Dalton
the Dalton Highway Highway Corridor
Corridor Management Area 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 Brown Bear Residents of Stevens
south of Caribou Village and residents of
Mountain, and within the Unit 24.
public lands composing or
immediately adjacent to
the 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.
* * * * *
Subpart D--Subsistence Taking of Fish and Wildlife
3. In subpart D of 36 CFR part 242 and 50 CFR part 100, [Section] _.25 is revised to read as follows:
[Section] _.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.
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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 11/2 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
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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.
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