66216 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AD68

Subsistence Management Regulations

for Public Lands in Alaska, Subparts A,

B, C, and D, Redefinition To Include

Waters Subject to Subsistence Priority

AGENCY: Forest Service, Agriculture; and

Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

amend the scope and applicability of

the Federal Subsistence Management

Program in Alaska 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.

The amendments being proposed also

would extend the Federal Subsistence

Board’s management to all Federal lands

selected under the Alaska Native Claims

Settlement Act or 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 an Alaska Native

Corporation, as required by the Alaska

National Interest Lands Conservation

Act (ANILCA). In addition, the

amendments being proposed would

clearly specify that the Secretaries are

retaining the authority to determine

when hunting, fishing or trapping

activities taking place in Alaska off the

public lands interfere with the

subsistence priority on the public lands

to such an extent as to result in a failure

to provide the subsistence priority and

to take action to restrict or eliminate the

interference. The Departments also are

proposing to provide the Federal

Subsistence Board with authority to

investigate and make recommendations

to the Secretaries regarding the possible

existence of additional Federal

reservations, Federal reserved water

rights or other Federal interests,

including those which attach to lands in

which the United States has less than

fee ownership. The regulatory

amendments being proposed would

conform the Federal subsistence

management regulations to the court

decree issued in State of Alaska v.

Babbitt, 72 F.3d 698 (9th Cir. 1995). The

proposed rule includes updated

Customary and Traditional Use

Determinations and annual seasons and

harvest limits for fisheries. This

proposed rulemaking also responds to

the Petitions for Rulemaking submitted

by the Northwest Arctic Regional

Council et al. on April 12, 1994, and the

Mentasta Village Council, et al. on July

15, 1993.

DATES: Written public comments on this

proposed rule must be received no later

than April 20, 1998.

ADDRESSES: Comments should be sent to

Chair, Federal Subsistence Board, c/o

U.S. Fish and Wildlife Service,

Attention: Thomas H. Boyd, Office of

Subsistence Management, 1011 E. Tudor

Road, Anchorage, Alaska 99503. See

Supplementary Information section for

electronic filing address.

FOR FURTHER INFORMATION CONTACT:

Thomas H. Boyd, Office of Subsistence

Management; telephone (907) 786–3888.

For questions specific to National Forest

System lands, contact Ken Thompson,

Regional Subsistence Program Manager,

USDA, Forest Service, Alaska Region,

P.O. Box 21628, Juneau, Alaska 99802–

1628, telephone (907) 586–7921.

SUPPLEMENTARY INFORMATION: The

Federal Subsistence Board will hold

public meetings to receive comments on

this proposed rule at various locations

in Alaska. Notice of specific dates,

times, and meeting locations will be

published in local and statewide

newspapers prior to the meetings.

Locations and dates may need to be

changed based on weather or local

circumstances.

Comments may also be submitted by

sending electronic mail to:

ASM@mail.fws.gov.

Background

The Federal Subsistence Board

assumed subsistence management

responsibility for public lands in Alaska

in 1990, after the Alaska Supreme Court

ruled in McDowell v. State of Alaska,

785 P.2d 1 (Alaska. 1989), reh’g denied

(Alaska 1990), that the rural preference

contained in the State’s subsistence

statute violated the Alaska Constitution.

This ruling put the State’s subsistence

program out of compliance with Title

VIII of the Alaska National Interest

Lands Conservation Act (ANILCA) and

resulted in the Secretaries assuming

subsistence management on the public

lands in Alaska. The ‘‘Temporary

Subsistence Management Regulations

for Public Lands in Alaska, Final

Temporary Rule’’ was published in the

Federal Register (55 FR 27114–27170)

on June 29, 1990. The ‘‘Subsistence

Management Regulations for Public

Lands in Alaska; Final Rule’’ was

published in the Federal Register (57

FR 22940–22964) on May 29, 1992.

In both cases, the rule ‘‘generally

excludes navigable waters’’ from

Federal subsistence management. 55 FR

27114, 27115 (1990); 57 FR 22940,

22942 (1992). In a lawsuit consolidated

with Alaska v. Babbitt, plaintiff Katie

John challenged these rules, arguing that

navigable waters are properly included

within the definition of ‘‘public lands’’

set out in ANILCA. At oral argument

before the United States District Court

for Alaska, the United States took the

position that Federal reserved water

rights which encompass the subsistence

purpose are public lands for purposes of

ANILCA. The United States Court of

Appeals for the Ninth Circuit

subsequently held: ‘‘[T]he definition of

public lands includes those navigable

waters in which the United States has

an interest by virtue of the reserved

water rights doctrine.’’ Alaska v.

Babbitt, 72 F.3d at 703–704. In the

course of its decision, the Ninth Circuit

also directed: ‘‘[T]he federal agencies

that administer the subsistence priority

are responsible for identifying those

waters.’’ Id. at 704.

The amendments being proposed

would conform the Federal subsistence

management regulations to the Ninth

Circuit’s ruling in Alaska v. Babbitt. As

the Ninth Circuit directed, this

document identifies Federal land units

in which reserved water rights exist.

These are ‘‘public lands’’ under the

Ninth Circuit’s decision in Alaska v.

Babbitt and thus are subject to the

Federal subsistence priority in Title VIII

of ANILCA. The amendments being

proposed here also provide the Federal

Subsistence Board with clear authority

to administer the subsistence priority in

these waters.

On July 15, 1993, the Mentasta Village

Council, Native Village of Quinhagak,

Native Village of Goodnews Bay, Alaska

Federation of Natives, Alaska Intertribal Council, RurAL CAP, Katie John,

Doris Charles, Louie Smith and Annie

Cleveland filed a ‘‘Petition for

Rulemaking by the Secretaries of

Interior and Agriculture that Navigable

Waters and Federal Reserved Waters are

‘Public Lands’ Subject to Title VIII of

ANILCA’s Subsistence Priority.’’ On

April 12, 1994, the Northwest Arctic

Regional Council, Stevens Village

Council, Kawerak, Inc., Copper River

Native Assoc., Alaska Federation of

Natives, Alaska Inter-tribal Council,

RurAL CAP and Dinyee Corporation

filed a ‘‘Petition for Rule-Making by the

Secretaries of Interior and Agriculture
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66217

that Selected But Not Conveyed Lands

Are To Be Treated as Public Lands for

the Purposes of the Subsistence Priority

in Title VIII of ANILCA and that Uses

on Non-Public Lands in Alaska May Be

Restricted to Protect Subsistence Uses

on Public Lands in Alaska.’’ A Request

for Comments on this Petition was

published at 60 FR 6466 (1995). This

proposed rule also responds to both

petitions for rulemaking.

The Secretaries published an Advance

Notice of Proposed Rulemaking (ANPR)

(61 FR 15014) on April 4, 1996, and

during May and June held ten public

hearings around Alaska to solicit

comments on the Advance Notice.

Public Review and Comment

In addition to the oral testimony

received at the public hearings, an

additional 64 written comments

including 1 petition representing 1,379

individuals and 1 letter submitted in

behalf of 2 individuals, 6 Native

organizations, and 4 local governments

were received. The comments received

both in writing and during the hearings

in response to the Advance Notice

provided the agencies with a sense of

how the public viewed the general

jurisdictional concepts outlined in the

notice. A number of issues were raised

by the public.

• The Federal government should not

be interfering in any Alaska

management. Previously, the Federal

government managed fish and shellfish

poorly. The State should manage

fishing, hunting, and trapping

throughout Alaska. The Secretaries

agree that the State should be managing

the fish and wildlife resources of Alaska

and will work with the State to return

management to it as soon as the State is

in compliance with Title VIII of

ANILCA.

• The State has failed to provide for

subsistence uses; the Federal

government should take over

management of all navigable waters

throughout Alaska. Federal jurisdiction

should also be extended to include all

marine waters. The 9th Circuit Court

has ruled that Federal jurisdiction of

subsistence fisheries management only

includes those waters in which the

Federal government has reserved water

rights. When hunting, fishing, or

trapping activities taking place in

Alaska off of the public lands interfere

with the subsistence priority on the

public lands to such an extent as to

result in a failure to provide the

subsistence priority, the Federal

Subsistence Board may recommend that

Secretaries take action to restrict or

eliminate the interference.

• The identified waters are too

extensive in scope. The waters

identified in this rulemaking comply

with the court’s direction to identify

those waters in which the Federal

government has reserved water rights.

• Native allotments and water

flowing through or past should be

included. Native allotments are small,

scattered, and remote, parcels whose

boundaries are not readily identifiable

on the ground. The existence of reserved

water rights would have to be

determined on a case-by-case basis. It is

not practicable in the time available to

identify any Federal reserved water

rights which might be associated with

individual allotments. Authority to

make recommendations for inclusion of

these lands, if appropriate, may be made

by the Board under proposed

§ ll.10(d)(xviii).

• The Federal government should

step in to regulate the Area M (False

Pass intercept) fishery. At the present

time the Federal government is

preparing to assume jurisdiction over

waters for which the Federal

government has reserved water rights.

Area M waters are not included in this

jurisdiction. However, if there is

interference with the subsistence

priority for fishing on public lands as a

result of activities in Area M, the

proposed regulations clarify that the

Secretaries have and will retain the

authority to take action.

• ANILCA does not authorize the

extension of Federal jurisdiction off of

Federal lands. The Federal courts have

long ruled that the Federal government

may extend jurisdiction off of Federal

lands in order to protect the interests

and purposes of those Federal areas.

This document clarifies that the

Secretaries will retain that authority.

The Board, located in Alaska and much

more familiar with the unique situations

there, will evaluate the situation and

make recommendations to the

Secretaries for their action.

• Congress did not intend for selected

but not yet conveyed lands to be subject

to Title VIII. Section 906(o)(2) provides

that ‘‘the laws applicable to such unit’’

are to apply to the Federal lands within

the unit until conveyed. Since selected

lands are Federal lands, the only

question is whether ANILCA’s Title VIII

governing subsistence uses is part of the

body of laws ‘‘applicable to such unit.’’

This question is easily answered in the

affirmative. Each of the titles of ANILCA

that establishes or expands a

conservation system unit identifies the

laws that apply to the unit. For example,

new national parks established by

ANILCA ‘‘shall be administered by the

Secretary under the laws governing the

administration of such lands and under

the provisions of this Act.’’ In each case,

the new units established by ANILCA

are to be administered in accordance

with ANILCA as well as other

applicable organic legislation. The

subsistence provisions in Title VIII are

part of ANILCA and are therefore part

of the body of law applicable to the new

units under ANILCA section 906(o)(2).

The statutes establishing the new units

do not distinguish among the titles of

ANILCA which are applicable; they

simply say that along with the other

statutes, ANILCA applies. Section

906(o)(2) applies this whole body of law

to selected but not conveyed lands.

• The Federal Subsistence Board

should not be granted authority to

identify additional lands for designation

as public lands. The authority to

identify and include additional lands in

the Federal Subsistence Management

Program remains with the Secretaries.

The change would clarify the Board’s

duty for identification and

recommendation and specify that any

inclusion of lands in the program would

remain the authority of the Secretaries

as provided under existing laws.

• The ANPR violates the Alaska

Statehood and Submerged Lands Acts.

Case law and subsequent legislation

(e.g. Alaska Native Claims Settlement

Act, ANILCA, etc.) have modified the

Statehood and Submerged Lands Acts.

This rulemaking, therefore, does not

violate the Acts with their subsequent

modifications and revisions.

• Some people commented that

various procedural requirements have

not been fulfilled, such as complying

with NEPA, the Executive Order on

Federalism, or preparing a Regulatory

Flexibility Act analysis. The preparation

of an environmental assessment and an

economic analysis have been

completed. The final rule will not be

promulgated prior to the completion of

all procedural requirements.

Alternatives Considered in Preparing

the Proposed Rule

The primary consideration in

implementation of the Ninth Circuit

Court directive is the identification of

inland navigable waters considered

Federal Public lands in Alaska (nonnavigable waters are currently in the

Federal program). The Court directed

that the Federal Agencies responsible

for administering the subsistence

priority identify those waters, which are

defined as waters in which the United

States has a reserved water right.

Accordingly, the responsible agencies

identified alternatives based on different

interpretations of the extent of

jurisdiction associated with reserved
66218 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

water rights. These alternatives are

discussed in the Environmental

Assessment which has been prepared

for this Proposed Rule. The base case

(Alternative I) is the no action

alternative in which Federal jurisdiction

does not change; it is used for purposes

of analysis and is not consistent with

the Court directive. Alternative II

identifies a minimal definition of

jurisdiction that includes only those

inland navigable waters directly

adjacent to Federal public lands.

Alternative III is a broader definition

than Alternative II and includes all

inland navigable waters within the

exterior boundaries of listed Parks,

Preserves, Wildlife Refuges, and other

specified units managed by the

Department of the Interior and all

inland navigable waters bordered by

lands owned by the Federal government

within the exterior boundaries of the

two National Forests. With the

exception of a few areas (National

Petroleum Reserve-Alaska, national

recreation areas and wild and scenic

river corridors), navigable waters on

lands managed by the Bureau of Land

Management are not included in any of

these alternatives. Alaska has a total of

196,234 miles of streams and rivers

(data from the Digital Chart of the

World); under Alternative II, 80,572

miles would be under Federal

jurisdiction; and under Alternative III,

102,491 miles would be under Federal

jurisdiction.

An alternative considered but not

analyzed was the extension of Federal

jurisdiction to all navigable waters in

Alaska. This broad definition of

jurisdiction was advocated by the

plaintiff, Katie John, and adopted by the

District Court. The court based this part

of its decision on the Federal

navigational servitude. The Ninth

Circuit Court of Appeals reversed the

district court’s judgment on this point

and remanded the decision. The

directive of the Ninth Circuit was based

on a determination that navigational

servitude is not ‘‘public land’’ within

the meaning of ANILCA because

navigational servitude is not a sufficient

Federal interest to define public land in

the context of ANILCA. Instead, the

appeals court relied upon the reserved

water rights doctrine, which holds that

when the United States withdraws lands

from the public domain and reserves

them for a Federal purpose, then the

United States implicitly reserves the

associated, unappropriated waters to the

extent needed to accomplish the

purposes of the withdrawal. The court

held that these Federal reserved waters

are a sufficient interest to constitute

public lands under ANILCA.

Alternative III was chosen as the

preferred alternative for this Proposed

Rule because it would fully implement

the Ninth Circuit’s ruling while

avoiding the serious management

difficulties that would arise from

checkerboard jurisdiction over segments

of rivers within Department of Interior

Conservation System Units that is

contemplated in Alternative II.

There are two issues that are common

to all alternatives that were considered:

dual management and customary trade.

Two underlying premises are associated

with dual management. The first is that

the Federal and State programs will

cooperate in the management of

fisheries. The second premise is that a

primary focus of the Federal program

will be on the existing State Fishery

Management plans, which identify

parameters (harvest and escapement

goals) used to make in-season decisions.

A key aspect of the Federal-State

cooperation will be the adoption of

what are now the State Fishery

Management plans into the Federal

program. In general, this will involve

the Regional Councils and Federal

Subsistence Board in the evaluation of

existing plans, modification if necessary

to adequately address and accommodate

subsistence uses, and development of

new plans where necessary.

Although the Federal definition of

Customary Trade was initially drawn

from the State, the current Federal and

State regulations differ in the definition

and regulatory restrictions on

Customary Trade. The differences are

due to changes incorporated by the State

to regulations addressing specific

fisheries’ issues. The proposed Federal

regulations provide additional

provisions to ensure separation of

commercial markets and traditional

customary trade practices. The same

definition of Customary Trade would

apply to all alternatives.

Alternative I—No Action

In the base case, or No Action

Alternative, the Federal government

would not extend jurisdiction to

navigable waters. In this case, the

fishery allocation and harvest decisions

on all navigable waters would continue

to be made by the State; the State would

retain jurisdiction over all 196,234 miles

of streams and rivers in the state that are

not currently in the Federal Program

(less than 1 percent of navigable waters

are currently under Federal

jurisdiction). Fishery decisions by the

Federal Subsistence Board would be

limited to non-navigable waters on

Federal Public Lands and those limited

marine waters included in Conservation

System Units. This alternative is

counter to the Ninth Circuit’s directive.

Alternative II—Limited Federal

Jurisdiction

Alternative II is a restricted

determination of jurisdiction. In this

case, jurisdiction would only extend to

waters directly adjacent to Federal

Public lands; 80,572 miles of streams

and rivers (41%) would be under

Federal subsistence jurisdiction and

115,662 (59%) would remain under

State jurisdiction. Only those navigable

waters where at least one shoreline is

Federal public land would be included.

Lands and waters on selected but not

yet conveyed parcels within DOI CSU’s,

national conservation and recreation

areas, and new national forests or forest

additions also would be included in

Alternative II as well as Alternative III.

Land status becomes paramount for

determining jurisdiction and the extent

of jurisdiction could be dynamic as land

ownership patterns change. With the

current pattern of land ownership

within the boundaries of CSUs managed

by the Department of the Interior,

Federal Subsistence fishery

management would be fragmented due

to the ‘‘checkerboard pattern’’ of ‘‘inholdings’’ within most CSUs. Navigable

waters within the boundaries of the

majority of Bureau of Land Management

lands are not included.

Alternative III—Preferred Alternative

Jurisdiction in Alternative III is

broader than in Alternative II for lands

managed by the Department of Interior

but remains the same for lands managed

by the Department of Agriculture (Forest

Service lands). In Alternative III, all

inland navigable waters within and

adjacent to exterior boundaries of DOI

Conservation System Units would be

included under Federal jurisdiction. As

in Alternative II, however, navigable

waters on most BLM lands would not be

included. Of the 196,234 miles of rivers

and streams in the State, 102,491 (52%)

would be under Federal subsistence

jurisdiction and 93,743 (48%) would

remain under State jurisdiction.

Land ownership patterns are the same

as discussed in Alternative II, however,

the extent of jurisdiction differs

significantly. The difference is due to

the inclusion of inland waters within

the outer perimeter of DOI CSU’s. The

inclusion of these waters avoids the

problems associated with the

checkerboard pattern of land ownership

within lands managed by the

Department of the Interior. Jurisdiction

on Forest Service lands remains the

same as in Alternative II. The
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66219

regulations proposed in this document

would implement this alternative.

Economic Impacts for All Alternatives

For all three alternatives, economic

impacts are expected to be insignificant.

Such impacts would only occur due to

shifts in harvest allocations between

user categories (i.e. from commercial or

sport allocations to subsistence

allocations). The State’s existing

fisheries management program already

accommodates most subsistence users.

No major new groups of users would be

added as a result of federal

management. Significant shifts in

allocations are not proposed or expected

under any alternative.

For Alternative I (No Action) there

would be no change in allocations and

therefore no economic impacts.

For Alternative II, most subsistence

fisheries that pose potential conflicts

with sport or commercial fisheries

would continue under State jurisdiction

and management. The State of Alaska

has exceptionally abundant fishery

resources, and subsistence harvests of

salmon are relatively low (about 1

percent of all salmon harvested

statewide) compared to other uses.

Therefore, any redirection of allocations

to subsistence fisheries under Federal

jurisdiction would likely be minimal,

and would not result in significant

reductions to commercial or sport

fisheries. Moreover, subsistence uses

would remain the highest priority even

under State management, even though

State law precludes a preference for

rural residents. The practical difference

between State and Federal management

in this Alternative would be minimal.

Therefore, Alternative II would not

result in any significant economic

impacts.

For Alternative III, Federal

Subsistence jurisdiction would be more

expansive. This expansion may lead to

some increases in harvest allocations in

subsistence fisheries under Federal

jurisdiction. This in turn could possibly

lead to some reallocation of harvests

from commercial or sport fisheries in

the future, though none are

contemplated in the current proposed

rule. The potential for impacts to

commercial and sport fisheries are

highest (1) where relatively large

subsistence harvests are occurring, such

as the Yukon, Kuskokwim, and Copper

rivers; (2) in certain locations where a

run or species of fish are prized for their

subsistence use, such as sockeye salmon

in several Southeast and Southcentral

Alaska river systems or steelhead in the

Situk River; or (3) in certain locations

where subsistence uses are relatively

common but access to fish is limited,

such as at or near some village sites in

headwater and tributary stream systems

in Alaska’s interior. In general, however,

any increases in subsistence allocations

would have little, if any, effects on

commercial or sport fisheries, because

fishery resources are generally abundant

and subsistence harvests are quite low

(1% of salmon harvests statewide)

compared to commercial and sport

harvests.

Fisheries with the greatest potential

for conflict include the Yukon,

Kuskokwim, and Copper rivers.

However, the Yukon and Kuskokwim

rivers both have state-appointed

advisory groups in place that provide

recommendations for State

management. These groups are made up

of local users and have been effective in

addressing and resolving drainage-wide

issues. An important dynamic in

balancing concerns between user groups

in these drainages is that the subsistence

users and commercial users are largely

the same group of people (83% of the

commercial permits on the Yukon River

and 98 percent on the Kuskokwim are

held by local rural residents). As an

example, the current Yukon River Fall

Chum Management Plan was developed

through consultation with the Yukon

River Drainage Fisheries Association.

The YRDFA is made up of both

commercial and subsistence users

throughout the drainage. This existing

plan maintains a subsistence priority at

all escapement levels—commercial,

sport, and personal use fisheries are

opened by emergency order only at

higher escapement levels, and the

subsistence fishery is larger than the inriver commercial fishery. Effective local

involvement would also be important to

the Federal program, which would seek

to incorporate input from organizations

such as YRDFA. A second example, the

Copper River Management Plan (5 AAC

01.249), already requires a large

escapement that provides for all upriver

uses including subsistence. Generally,

subsistence needs are already being met

through the subsistence and personal

use fisheries (60% of the personal use

permits were held by local, rural

residents) in the Copper River.

Therefore, no significant shifts in

allocations and therefore no significant

economic impacts are anticipated under

Alternative III.

Federal Subsistence Regional Advisory

Councils

Alaska has been divided into ten

subsistence resource regions, each of

which is represented by a Federal

Subsistence Regional Advisory Council.

The Regional Councils provide a forum

for rural residents with personal

knowledge of local conditions and

resource requirements to have a

meaningful role in the subsistence

management of fish and wildlife on

Alaska public lands. The Regional

Council members represent

geographical, cultural, and user

diversity within each region.

The Regional Councils have a

substantial role in reviewing the

proposed rule and making

recommendations for the final rule.

Summary of Proposed Changes

The following sections are proposed

to have major revisions:

§ ll .3(b)—Text is inserted to

identify scope of the Federal

Subsistence Management Program to

include the waters in which the Federal

government has reserved water rights.

§ ll.4 ‘‘Federal lands’’—The

definition is revised to conform to the

decision of the 9th Circuit Court of

Appeals.

§ ll.4 ‘‘Inland waters’’—A new

definition is inserted.

§ ll.4 ‘‘Public lands or public

lands’’—The definition is revised to

include the selected but not yet

conveyed lands located within the

boundaries of conservation system

units, national recreation areas, national

conservation areas, new additions to the

national forests, and new national

forests.

§ ll.4 ‘‘Regulatory year’’—A change

in the regulatory year for fish and

shellfish is needed in order to avoid

having regulations change in the middle

of a fishing season.

§ ll.4 ‘‘Reserved water right(s)’’—

The definition is added to conform to

the decision of the 9th Circuit Court of

Appeals.

§ ll.6—Language is inserted to

clarify that the subsistence user must

possess an Alaska resident hunting or

trapping license. (No license is required

for subsistence fishing.) The language in

this section is also reorganized and

simplified and some of the text is

moved to §ll.10(d).

§ ll.10(a)—Language is added

clarifying the Secretaries’ existing

authority to extend jurisdiction off of

Federal lands to protect subsistence

uses occurring on Federal lands.

§ ll.10(d)(4)(xvii)—Language is

added clarifying Board’s authority to

evaluate situations where there is a

failure to provide the subsistence

priority and make recommendations to

the Secretaries for their action.

§ ll.10(d)(4)(xviii)—Language is

added clarifying Board’s authority to

identify additional lands where Federal

interests exist and to recommend for
66220 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

inclusion of those lands in the Federal

Subsistence Management Program.

§ ll.10(d)(5)—Language is added to

allow delegation of the authority to

open or close established harvest

seasons or harvest limits or open areas

to field officials (i.e. Park

Superintendents, Refuge Managers, etc).

§ ll.24(a)(2)—The proposed

language in this section is based on the

last Alaska Department of Fish and

Game customary and traditional use

determinations that were in compliance

with Title VIII (January 1990).

Additionally, proposed changes have

been added to address backlogged

proposals relating to fish in the

Kuskokwim and Bristol Bay Areas and

Regional Council suggestions in the

Southeastern Alaska Area. In these three

areas, suggestions were made to include

in the Customary and Traditional Use

Determinations positive findings for the

use of additional species by local

residents.

§ ll.26 and .27—The proposed

wording of these sections is based on

the existing State subsistence

regulations with some exceptions. The

primary modifications are to:

• accommodate past Federal

Subsistence Board actions (making rod

and reel a legal method of subsistence

harvest, allowing the 24-hour taking of

salmon in Kodiak, and restricting the

method and harvest of king crab in the

Kodiak Area);

• provide for ongoing customary

trade practices. In this case, the

modification would recognize and

legalize the common (and previously

prohibited, though unenforced) practice

of selling or trading small quantities of

subsistence-taken fish by rural

residents;

• eliminate specific references to

State ‘‘non-subsistence areas’’ or other

items clearly inconsistent with the

Federal Program;

• replace references to the

‘‘Commissioner’’ with ‘‘Board’;

• remove Board of Fish management

guidance to the Department of Fish and

Game; and,

• specify a different fin to be removed

from subsistence-taken salmon in

Southeast to accommodate traditional

fish drying practices in response to a

request from the Southeast Regional

Advisory Council.

For the purpose of clarity and ease of

understanding, the entire text of the

proposed rule for subparts A, B, and C,

and sections ll.26, and ll.27 of

subpart D is being printed. The

unpublished section (Section ll.25)

relates to wildlife regulations that are

revised annually. Because this proposed

rule relates to public lands managed by

an agency or agencies in both the

Departments of Agriculture and the

Interior, identical text would be

incorporated into 36 CFR Part 242 and

50 CFR Part 100.

Conformance With Statutory and

Regulatory Authorities

National Environmental Policy Act

Compliance

A Draft Environmental Impact

Statement (DEIS) that described four

alternatives for developing a Federal

Subsistence Management Program was

distributed for public comment on

October 7, 1991. That document

described the major issues associated

with Federal subsistence management

as identified through public meetings,

written comments and staff analysis and

examined the environmental

consequences of the four alternatives.

Proposed regulations (Subparts A, B,

and C) that would implement the

preferred alternative were included in

the DEIS as an appendix. The DEIS and

the proposed administrative regulations

presented a framework for an annual

regulatory cycle regarding subsistence

hunting and fishing regulations (Subpart

D). The Final Environmental Impact

Statement (FEIS) was published on

February 28, 1992.

Based on the public comment

received, the analysis contained in the

FEIS, and the recommendations of the

Federal Subsistence Board and the

Department of the Interior’s Subsistence

Policy Group, it was the decision of the

Secretary of the Interior, with the

concurrence of the Secretary of

Agriculture, through the U.S.

Department of Agriculture-Forest

Service, to implement Alternative IV as

identified in the DEIS and FEIS (Record

of Decision on Subsistence Management

for Federal Public Lands in Alaska

(ROD), signed April 6, 1992). The DEIS

and the selected alternative in the FEIS

defined the administrative framework of

an annual regulatory cycle for

subsistence hunting and fishing

regulations. The final rule for

Subsistence Management Regulations

for Public Lands in Alaska, Subparts A,

B, and C (57 FR 22940–22964,

published May 29, 1992) implemented

the Federal Subsistence Management

Program and included a framework for

an annual cycle for subsistence hunting

and fishing regulations.

A preliminary environmental

assessment has been prepared on the

expansion of Federal jurisdiction and is

available by contacting the office listed

under ‘‘Addresses.’’

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, under Alternative IV with an

annual process for setting hunting and

fishing regulations, may have some local

impacts on subsistence uses, but it does

not appear that the program may

significantly restrict subsistence uses.

An evaluation of the effects of the

Proposed Rule was conducted in

accordance with section 810 and it does

not appear that the Proposed Rule, if

adopted as currently written, would

significantly restrict subsistence users.

Paperwork Reduction Act

This rule contains information

collection requirements subject to Office

of Management and Budget (OMB)

approval under the Paperwork

Reduction Act of 1995. The information

collection requirements are a revision of

the collection requirements already

approved by OMB under Clearance

Number 1018–0075. This revision is

being submitted to OMB for approval. A

comment period through April 20, 1998,

is open on these collection

requirements.

Currently, information is being

collected by the use of a Federal

Subsistence Registration Permit and

Designated Hunter Application. The

information collected on these two

permits establishes whether an

applicant qualifies to participate in a

Federal subsistence hunt on public land

in Alaska and provides a report of

harvest and the location of harvest. The

collected information is necessary to

determine harvest success, harvest

location, and population health in order

to make management decisions relative

to the conservation of healthy wildlife

populations. Additional harvest

information is obtained from harvest

reports submitted to the State of Alaska.

The recordkeeping burden for this

aspect of the program is negligible (one

hour or less). This information is

accessed via computer data base. The

current overall annual burden of

reporting and recordkeeping is

estimated to average 0.25 hours per

response, including time for reviewing
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66221

instructions, gathering and maintaining

data, and completing and reviewing the

form. The estimated number of likely

respondents under the existing rule is

less than 5,000, yielding a total annual

reporting and recordkeeping burden of

1,250 hours or less.

The proposed collection of

information will be achieved through

the use of a Federal Subsistence

Registration Permit Application, which

would be the same form as currently

approved and used for the hunting

program. This collection information

will establish whether the applicant

qualifies to participate in a Federal

subsistence fishery on public land in

Alaska and will provide a report of

harvest and location of harvest.

The likely respondents to this

collection of information are rural

Alaska residents who wish to

participate in specific subsistence

fisheries on Federal land. The collected

information is necessary to determine

harvest success and harvest location in

order to make management decisions

relative to the conservation of healthy

fish populations. The annual burden of

reporting and recordkeeping is

estimated to average 0.50 hours per

response, including time for reviewing

instructions, gathering and maintaining

data, and completing and reviewing the

form. The estimated number of likely

respondents under this rule is less than

10,000, yielding a total annual reporting

and recordkeeping burden of 5,000

hours or less.

As required by OMB regulations at 5

CFR 1320.8(d)(1), public comments are

solicited as to:

a. whether the collection of

information is necessary for the proper

performance of the function of the

program, including whether the

information will have practical utility;

b. the accuracy of the estimate of the

burden of the collection of information,

including the validity of the

methodology and assumptions used;

c. the quality, utility, and clarity of

the information to be collected; and

d. how to minimize the burden of the

collection of information on those who

are to respond, including the use of

appropriate automated electronic,

mechanical, or other forms of

information technology.

Direct comments on the burden

estimate or any other aspect of this

collection to: Information Collection

Officer, U.S. Fish and Wildlife Service,

1849 C Street, NW, MS 224 ARLSQ,

Washington, D.C. 20240; and the Desk

Officer for the Interior Department,

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Washington, D.C. 20503.

Additional information collection

requirements may be imposed if Local

Advisory Committees subject to the

Federal Advisory Committee Act are

established under subpart B. Such

requirements will be submitted to OMB

for approval prior to their

implementation.

Economic Effects

This rule was classified as nonsignificant under Executive Order 12866

and was not submitted to OMB for

review.

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.) requires

preparation of flexibility analyses for

rules that will have a significant effect

on a substantial number of small

entities, which include small

businesses, organizations or

governmental jurisdictions. The

Departments have determined that this

rulemaking will not have a significant

economic effect on a substantial number

of small entities within the meaning of

the Regulatory Flexibility Act.

This rulemaking will impose no

significant costs on small entities; the

exact number of businesses and the

amount of trade that will result from

this Federal land-related activity is

unknown. The aggregate effect is an

insignificant positive economic effect on

a number of small entities, such as

ammunition, snowmachine, and

gasoline dealers. The number of small

entities affected is unknown; but, the

fact that the positive effects will be

seasonal in nature and will, in most

cases, merely continue preexisting uses

of public lands indicates that they will

not be significant.

In general, the resources harvested

under this rule will be consumed by the

local harvester and do not result in a

dollar benefit to the economy. However,

it is estimated that 24 million pounds of

fish (including 8.3 million pounds of

salmon) are harvested by the local

subsistence users annually and, if given

a dollar value of $3.00 per pound for

salmon and $0.58 per pound for other

fish, would equate to about $34 million

State wide.

Title VIII of ANILCA requires the

Secretaries to administer a subsistence

preference on public lands. The scope of

this program is limited by definition to

certain public lands. Likewise, these

regulations have no potential takings of

private property implications as defined

by Executive Order 12630.

The Departments have determined

that these proposed regulations meet the

applicable standards provided in

sections 3(a) and 3(b)(2) of Executive

Order 12988.

The Departments have determined

and certify pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that

this rulemaking will not impose a cost

of $100 million or more in any given

year on local or state governments or

private entities.

Drafting Information

These regulations were drafted by

William Knauer under the guidance of

Thomas H. Boyd, of the Office of

Subsistence Management, Alaska

Regional Office, U.S. Fish and Wildlife

Service, Anchorage, Alaska. Additional

guidance was provided by Peggy Fox,

Alaska State Office, Bureau of Land

Management; Sandy Rabinowitch,

Alaska Regional Office, National Park

Service; Ida Hildebrand, Alaska Area

Office, Bureau of Indian Affairs; and

Ken Thompson, USDA-Forest Service.

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, Public lands,

Reporting and recordkeeping

requirements, Wildlife.

For the reasons set out in the

preamble, the Departments propose to

amend Title 36, Part 242, and Title 50,

Part 100, of the Code of Federal

Regulations, as set forth below.

PART ll—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.

2. Revise subparts A, B, and C of 36

CFR part 242 and 50 CFR part 100 to

read as follows:

Subpart A—General Provisions

Sec.

ll.1 Purpose.

ll.2 Authority.

ll.3 Applicability and scope.

ll.4 Definitions.

ll.5 Eligibility for subsistence use.

ll.6 Licenses, permits, harvest tickets,

tags, and reports.

ll.7 Restriction on use.

ll.8 Penalties.

ll.9 Information collection requirements.

Subpart B—Program Structure

ll.10 Federal Subsistence Board.

ll.11 Regional advisory councils.
66222 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

ll.12 Local advisory committees.

ll.13 Board/agency relationships.

ll.14 Relationship to State procedures

and regulations.

ll.15 Rural determination process.

ll.16 Customary and traditional use

determination process.

ll.17 Determining priorities for

subsistence uses among rural Alaska

residents.

ll.18 Regulation adoption process.

ll.19 Closures and other special actions.

ll.20 Request for reconsideration.

ll.21 [Reserved].

Subpart C—Board Determinations

ll.22 Subsistence resource regions.

ll.23 Rural determinations.

ll.24 Customary and traditional use

determinations.

Subpart A—General Provisions

§lll.1 Purpose.

The regulations in this part

implement the Federal Subsistence

Management Program on public lands

within the State of Alaska.

§lll.2 Authority.

The regulations in this part are issued

pursuant to authority designated in this

part, and specifically the authority

vested in the Secretary of the Interior

and Secretary of Agriculture specified in

section 814 of the Alaska National

Interest Lands Conservation Act

(ANILCA), 16 U.S.C. 3124.

§lll.3 Applicability and scope.

(a) The regulations in this part

implement the provisions of Title VIII of

ANILCA relevant to the taking of fish

and wildlife on public lands in the State

of Alaska. The regulations in this part

do not permit subsistence uses in

Glacier Bay National Park, Kenai Fjords

National Park, Katmai National Park,

and that portion of Denali National Park

established as Mt. McKinley National

Park prior to passage of ANILCA, where

subsistence taking and uses are

prohibited. The regulations in this part

do not supersede agency specific

regulations.

(b) The regulations contained in this

part apply:

(1) On all public lands including all

non-navigable waters located on these

lands, on all navigable and nonnavigable water within the exterior

boundaries of the following areas, and

on inland waters adjacent to the exterior

boundaries of the following areas:

(i) Alaska Maritime National Wildlife

Refuge;

(ii) Alaska Peninsula National

Wildlife Refuge;

(iii) Aniakchak National Monument

and Preserve;

(iv) Arctic National Wildlife Refuge;

(v) Becharof National Wildlife Refuge;

(vi) Bering Land Bridge National

Preserve;

(vii) Cape Krusenstern National

Monument;

(viii) Denali National Preserve and the

1980 additions to Denali National Park;

(ix) Gates of the Arctic National Park

and Preserve;

(x) Glacier Bay National Preserve;

(xi) Innoko National Wildlife Refuge;

(xii) Izembek National Wildlife

Refuge;

(xiii) Katmai National Preserve;

(xiv) Kanuti National Wildlife Refuge;

(xv) Kenai National Wildlife Refuge;

(xvi) Kobuk Valley National Park;

(xvii) Kodiak National Wildlife

Refuge;

(xviii) Koyukuk National Wildlife

Refuge;

(xix) Lake Clark National Park and

Preserve;

(xx) National Petroleum Reserve in

Alaska;

(xxi) Noatak National Preserve;

(xxii) Nowitna National Wildlife

Refuge;

(xxiii) Selawik National Wildlife

Refuge;

(xxiv) Steese National Conservation

Area;

(xxv) Tetlin National Wildlife Refuge;

(xxvi) Togiak National Wildlife

Refuge;

(xxvii) White Mountain National

Recreation Area;

(xxviii) Wrangell-St. Elias National

Park and Preserve;

(xxix) Yukon-Charley Rivers National

Preserve;

(xxx) Yukon Delta National Wildlife

Refuge;

(xxxi) Yukon Flats National Wildlife

Refuge;

(xxxii) All components of the Wild

and Scenic River System located outside

the boundaries of National Parks,

National Preserves or National Wildlife

Refuges, including segments of the

Alagnak River, Beaver Creek, Birch

Creek, Delta River, Fortymile River,

Gulkana River, and Unalakle River.

(2) On all public lands including all

inland waters, located on or bordered by

other public lands, within or adjacent to

the exterior boundaries of the following

reservations:

(i) Chugach National Forest;

(ii) Tongass National Forest, including

Admiralty Island National Monument

and Misty Fjords National Monument.

(c) The public lands described in

paragraph (b) of this section remain

subject to change through rulemaking

pending a Department of the Interior

review of title and jurisdictional issues

regarding certain submerged lands

beneath navigable waters in Alaska.

§lll.4 Definitions.

The following definitions apply to all

regulations contained in this part:

Agency means a subunit of a cabinet

level Department of the Federal

government having land management

authority over the public lands

including, but not limited to, the U.S.

Fish & Wildlife Service, Bureau of

Indian Affairs, Bureau of Land

Management, National Park Service, and

USDA Forest Service.

ANILCA means the Alaska National

Interest Lands Conservation Act, Pub. L.

96–487, 94 Stat. 2371, (December 2,

1980) (codified, as amended, in

scattered sections of 16 U.S.C. and 43

U.S.C.)

Barter means the exchange of fish or

wildlife or their parts taken for

subsistence uses; for other fish, wildlife

or their parts; or, for other food or for

nonedible items other than money, if

the exchange is of a limited and

noncommercial nature.

Board means the Federal Subsistence

Board as described in §ll.10.

Commissions means the Subsistence

Resource Commissions established

pursuant to section 808 of ANILCA.

Conservation of healthy populations

of fish and wildlife means the

maintenance of fish and wildlife

resources and their habitats in a

condition that assures stable and

continuing natural populations and

species mix of plants and animals in

relation to their ecosystem, including

the recognition that local rural residents

engaged in subsistence uses may be a

natural part of that ecosystem;

minimizes the likelihood of irreversible

or long-term adverse effects upon such

populations and species; ensures the

maximum practicable diversity of

options for the future; and recognizes

that the policies and legal authorities of

the managing agencies will determine

the nature and degree of management

programs affecting ecological

relationships, population dynamics, and

the manipulation of the components of

the ecosystem.

Customary and traditional use means

a long-established, consistent pattern of

use, incorporating beliefs and customs

which have been transmitted from

generation to generation. This use plays

an important role in the economy of the

community.

Customary trade means cash sale of

fish and wildlife resources regulated

herein, not otherwise prohibited by

Federal law or regulation, to support

personal and family needs; and does not

include trade which constitutes a

significant commercial enterprise.

FACA means the Federal Advisory

Committee Act, Pub.L. 92–463, 86 Stat.
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66223

770 (October 6, 1972) (codified as

amended, at 5 U.S.C. Appendix II, 1–

15).

Family means all persons related by

blood, marriage or adoption, or any

person living within the household on

a permanent basis.

Federal Advisory Committees or

Federal Advisory Committee means the

Federal Local Advisory Committees as

described in §ll.12

Federal lands means lands and waters

and interests therein the title to which

is in the United States, including

navigable and non-navigable waters in

which the United States has reserved

water rights.

Fish and wildlife means any member

of the animal kingdom, including

without limitation any mammal, fish,

bird (including any migratory,

nonmigratory or endangered bird for

which protection is also afforded by

treaty or other international agreement),

amphibian, reptile, mollusk, crustacean,

arthropod, or other invertebrate, and

includes any part, product, egg, or

offspring thereof, or the carcass or part

thereof.

Game Management Unit or GMU

means one of the 26 geographical areas

listed under game management units in

the codified State of Alaska hunting and

trapping regulations and the Game Unit

Maps of Alaska.

Inland Waters means, for the

purposes of this part, those waters

located landward of the mean high tide

line or the waters located upstream of

the straight line drawn from headland to

headland across the mouths of rivers or

other waters as they flow into the sea.

Inland waters include, but are not

limited to, lakes, reservoirs, ponds,

streams, and rivers.

Person means an individual and does

not include a corporation, company,

partnership, firm, association,

organization, business, trust or society.

Public lands or public land means:

(1) Lands situated in Alaska which are

Federal lands, except—

(i) Land selections of the State of

Alaska which have been tentatively

approved or validly selected under the

Alaska Statehood Act and lands which

have been confirmed to, validly selected

by, or granted to the Territory of Alaska

or the State under any other provision

of Federal law;

(ii) Land selections of a Native

Corporation made under the Alaska

Native Claims Settlement Act, 43 U.S.C.

1601 et seq., which have not been

conveyed to a Native Corporation,

unless any such selection is determined

to be invalid or is relinquished; and

(iii) Lands referred to in section 19(b)

of the Alaska Native Claims Settlement

Act, 43 U.S.C. 1618(b).

(2) Notwithstanding the exceptions in

paragraphs (1) (i) through (iii) in this

definition, until conveyed, all Federal

lands within the boundaries of any unit

of the National Park System, National

Wildlife Refuge System, National Wild

and Scenic Rivers Systems, National

Forest Monument, National Recreation

Area, National Conservation Area, new

National forest or forest addition shall

be treated as public lands for the

purposes of the regulations in this part

pursuant to section 906(o)(2) of

ANILCA.

Regional Councils or Regional

Council means the Regional Advisory

Councils as described in §ll.11.

Regulatory year means July 1 through

June 30, except for fish and shellfish

where it means March 1 through the last

day of February.

Reserved water right(s) means the

Federal right to use unappropriated

appurtenant water necessary to

accomplish the purposes for which a

Federal reservation was established.

Reserved water rights include

nonconsumptive and consumptive uses.

Resident means any person who has

his or her primary, permanent home

within Alaska and whenever absent

from this primary, permanent home, has

the intention of returning to it. Factors

demonstrating the location of a person’s

primary, permanent home may include,

but are not limited to: the address listed

on an Alaska license to drive, hunt, fish,

or engage in an activity regulated by a

government entity; affidavit of person or

persons who know the individual; voter

registration; location of residences

owned, rented or leased; location of

stored household goods; residence of

spouse, minor children or dependents;

tax documents; or whether the person

claims residence in another location for

any purpose.

Rural means any community or area

of Alaska determined by the Board to

qualify as such under the process

described in §ll.15.

Secretary means the Secretary of the

Interior, except that in reference to

matters related to any unit of the

National Forest System, such term

means the Secretary of Agriculture.

State means the State of Alaska.

Subsistence uses means the

customary and traditional uses by rural

Alaska residents of wild, renewable

resources for direct personal or family

consumption as food, shelter, fuel,

clothing, tools, or transportation; for the

making and selling of handicraft articles

out of nonedible byproducts of fish and

wildlife resources taken for personal or

family consumption; for barter, or

sharing for personal or family

consumption; and for customary trade.

Take or taking as used with respect to

fish or wildlife, means to pursue, hunt,

shoot, trap, net, capture, collect, kill,

harm, or attempt to engage in any such

conduct.

Year means calendar year unless

another year is specified.

§lll.5 Eligibility for subsistence use.

(a) The taking of fish and wildlife on

public lands for subsistence uses is

restricted to Alaskans who are residents

of rural areas or communities. Other

individuals, including Alaskans who are

residents of non-rural areas or

communities listed in §ll.23, are

prohibited from taking fish and wildlife

on public lands for subsistence uses

under the regulations in this part.

(b) Where the Board has made a

customary and traditional use

determination regarding subsistence use

of a specific fish stock or wildlife

population, in accordance with, and as

listed in, §ll.24, only those Alaskans

who are residents of rural areas or

communities so designated are eligible

for subsistence taking of that population

or stock, on public lands for subsistence

uses, under the regulations in this part.

All other individuals are prohibited

from taking fish or wildlife from that

population under the regulations in this

part.

(c) Where customary and traditional

use determinations for a fish stock or

wildlife population within a specific

area have not yet been made by the

Board (e.g. ‘‘no determination’’), all

Alaskans who are residents of rural

areas or communities are eligible to

participate in subsistence taking of that

stock or population under the

regulations in this part.

(d) This section does not limit the

authority of the National Park Service to

regulate further the eligibility of those

individuals qualified to engage in

subsistence uses on National Park

Service lands in accordance with

specific authority in ANILCA, and

National Park Service regulations at 36

CFR part 13.

§lll.6 Licenses, permits, harvest

tickets, tags, and reports.

(a) To take fish and wildlife on public

lands for subsistence uses, subsistence

users must:

(1) Possess the pertinent valid Alaska

resident hunting and trapping licenses

(no license required to take fish) unless

Federal licenses are required or unless

otherwise provided for in subpart D of

this part;

(2) Possess and comply with the

provisions of any pertinent Federal
66224 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

permits (Federal Subsistence

Registration Permit or Federal

Designated Hunter Permit) required by

subpart D of this part; and

(3) Possess and comply with the

provisions of any pertinent permits,

harvest tickets, or tags required by the

State unless superseded by the

requirements in subpart D of this part.

(b) Individuals designated on a permit

to take fish and wildlife must have that

permit in their possession during the

taking and must comply with all

requirements of the permit and the

regulations in this section pertaining to

validation and reporting and to

regulations in subpart D of this part

pertaining to methods and means,

possession and transportation, and

utilization. Licenses, permits, harvest

tickets, tags or other documents

required by this section must be

produced by individuals upon the

request of a State or Federal law

enforcement agent. Persons engaged in

taking fish and wildlife under these

regulations must allow State or Federal

law enforcement agents to inspect any

apparatus designed to be used, or

capable of being used to take fish or

wildlife, or any fish or wildlife in

possession.

(c) The subsistence user must validate

the harvest tickets, tags, permits, or

other required documents before

removing the kill from the harvest site.

Persons engaged in taking fish and

wildlife under these regulations must

comply with all reporting provisions as

set forth is subpart D of this part.

(d) When a community takes fish and

wildlife under a community harvest

system, the harvest activity must be

reported in accordance with regulations

specified for that community in subpart

D of this part, and as required by any

applicable permit conditions.

Individuals may be responsible for

particular reporting requirements in the

conditions permitting a specific

community’s harvest. Failure to comply

with these conditions is a violation of

these regulations. Community harvests

are reviewed annually under the

regulations in subpart D of this part.

(e) To make a fraudulent application

for Federal or State licenses, permits,

harvest tickets or tags or intentionally

file an incorrect harvest report is

prohibited.

§lll.7 Restriction on use.

(a) When fish and wildlife are taken

pursuant to the regulations in this part,

trade of the fish and wildlife, other than

for customary trade or barter, is

prohibited.

(b) When fish and wildlife are taken

pursuant to the regulations in this part,

use or trade of the fish and wildlife

which constitutes a significant

commercial enterprise is prohibited.

§lll.8 Penalties.

A person convicted of violating any

provision of 50 CFR part 100 or 36 CFR

part 242 may be punished by a fine or

by imprisonment in accordance with the

penalty provisions applicable to the

public land where the violation

occurred.

§lll.9 Information collection

requirements.

(a) The rules in this part contain

information collection requirements

subject to Office of Management and

Budget (OMB) approval under 44 U.S.C.

3501–3520. They apply to fish and

wildlife harvest activities on public

lands in Alaska. Subsistence users will

not be required to respond to an

information collection request unless a

valid OMB number is displayed on the

information collection form.

(1) Section ll.20, Request for

reconsideration. The information

collection requirements contained in

§ ll.20 provide a standardized process

to allow individuals the opportunity to

appeal decisions of the Board.

Submission of a request for

reconsideration is voluntary but

required to receive a final determination

by the Board. The Department of the

Interior estimates that a request for

reconsideration will take 4 hours to

prepare and submit.

(2) Section lll.6, Licenses,

permits, harvest tickets, tags, and

reports. The information collection

requirements contained in §ll.6

(Federal Subsistence Registration Permit

or Federal Designated Hunter Permit

forms) provide for permit-specific

subsistence activities not authorized

through the general adoption of State

regulations. Identity and location of

residence are required to determine

eligibility for a harvest and report of

success is required after a harvest

attempt. These requirements are not

duplicative with the requirements of

paragraph (a)(3) of this section. The

regulations in §ll.6 require this

information before a rural Alaska

resident may engage in subsistence uses

on public lands. The Department

estimates that the average time

necessary to obtain and comply with

this permit information collection

requirement is 0.25 hours.

(3) The remaining information

collection requirements contained in

this part imposed upon subsistence uses

are those adopted from State

regulations. These collection

requirements would exist in the absence

of Federal subsistence regulations and

are not subject to the Paperwork

Reduction Act. The burden in this

situation is negligible and information

gained from these reports are

systematically available to Federal

managers by routine computer access

requiring less than one hour.

(b) Direct comments on the burden

estimate or any other aspect of the

burden estimate to: Information

Collection Officer, U.S. Fish and

Wildlife Service, 1849 C Street, N.W.,

MS 224 ARLSQ, Washington, D.C.

20240; and the Desk Officer for the

Interior Department, Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, D.C. 20503. Additional

information requirements may be

imposed if Local Advisory Committees

or additional Regional Councils, subject

to the Federal Advisory Committee Act

(FACA), are established under subpart B

of this part. Such requirements will be

submitted to OMB for approval prior to

their implementation.

Subpart B—Program Structure

§lll.10 Federal Subsistence Board.

(a) The Secretary of the Interior and

Secretary of Agriculture hereby

establish a Federal Subsistence Board,

and assign them responsibility for,

administering the subsistence taking

and uses of fish and wildlife on public

lands, and the related promulgation and

signature authority for regulations of

subparts C and D of this part. The

Secretaries, however, retain their

existing authority to restrict or eliminate

hunting, fishing, or trapping activities

which occur on lands or waters in

Alaska other than public lands when

such activities interfere with

subsistence hunting, fishing, or trapping

on the public lands to such an extent as

to result in a failure to provide the

subsistence priority.

(b) Membership. (1) The voting

membership of the Board shall consist

of a Chair to be appointed by the

Secretary of the Interior with the

concurrence of the Secretary of

Agriculture; the Alaska Regional

Director, U.S. Fish and Wildlife Service;

Alaska Regional Director, National Park

Service; Alaska Regional Forester,

USDA Forest Service; the Alaska State

Director, Bureau of Land Management;

and the Alaska Area Director, Bureau of

Indian Affairs. Each member of the

Board may appoint a designee.

(2) [Reserved]

(c) Liaisons to the Board shall consist

of a State liaison, and the Chairpersons

of each Regional Council. The State

liaison and the Chairpersons of each
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66225

Regional Council may attend public

sessions of all Board meetings and be

actively involved as consultants to the

Board.

(d) Powers and duties. (1) Meetings

shall occur at least twice per year and

at such other times as deemed necessary

by the Board. Meetings shall occur at

the call of the Chair, but any member

may request a meeting.

(2) A quorum shall consist of four

members.

(3) No action may be taken unless a

majority of voting members are in

agreement.

(4) The Board is empowered, to the

extent necessary, to implement Title

VIII of ANILCA, to:

(i) Promulgate regulations for the

management of subsistence taking and

uses of fish and wildlife on public

lands;

(ii) Determine which communities or

areas of the State are rural or non-rural;

(iii) Determine which rural Alaska

areas or communities have customary

and traditional subsistence uses of

specific fish and wildlife populations;

(iv) Allocate subsistence uses of fish

and wildlife populations on public

lands;

(v) Ensure that the taking on public

lands of fish and wildlife for

nonwasteful subsistence uses shall be

accorded priority over the taking on

such lands of fish and wildlife for other

purposes;

(vi) Close public lands to the nonsubsistence taking of fish and wildlife;

(vii) Establish priorities for the

subsistence taking of fish and wildlife

on public lands among rural Alaska

residents;

(viii) Restrict or eliminate taking of

fish and wildlife on public lands;

(ix) Determine what types and forms

of trade of fish and wildlife taken for

subsistence uses constitute allowable

customary trade;

(x) Authorize the Regional Councils to

convene;

(xi) Establish a Regional Council in

each subsistence resource region and

recommend to the Secretaries,

appointees to the Regional Councils,

pursuant to the FACA;

(xii) Establish Federal Advisory

Committees within the subsistence

resource regions, if necessary and

recommend to the Secretaries that

members of the Federal Advisory

Committees be appointed from the

group of individuals nominated by rural

Alaska residents;

(xiii) Establish rules and procedures

for the operation of the Board, and the

Regional Councils;

(xiv) Review and respond to proposals

for regulations, management plans,

policies, and other matters related to

subsistence taking and uses of fish and

wildlife;

(xv) Enter into cooperative agreements

or otherwise cooperate with Federal

agencies, the State, Native corporations,

local governmental entities, and other

persons and organizations, including

international entities to effectuate the

purposes and policies of the Federal

subsistence management program;

(xvi) Develop alternative permitting

processes relating to the subsistence

taking of fish and wildlife to ensure

continued opportunities for subsistence;

(xvii) Evaluate whether hunting,

fishing, or trapping activities which

occur on lands or waters in Alaska other

than public lands interfere with

subsistence hunting, fishing, or trapping

on the public lands to such an extent as

to result in a failure to provide the

subsistence priority, and after

appropriate consultation with the State

of Alaska, the Regional Councils, and

other Federal agencies, make

recommendation to the Secretaries for

their action;

(xviii) Identify, in appropriate specific

instances, whether there exists

additional Federal reservations, Federal

reserved water rights or other Federal

interests in lands or waters, including

those in which the United States holds

less than a fee ownership, to which the

Federal subsistence priority attaches,

and make appropriate recommendation

to the Secretaries for inclusion of those

interests within the Federal Subsistence

Management Program; and

(xix) Take other actions authorized by

the Secretaries to implement Title VIII

of ANILCA.

(5) The Board may implement one or

more of the following harvest and

harvest reporting or permit systems:

(i) The fish and wildlife is taken by an

individual who is required to obtain and

possess pertinent State harvest permits,

tickets, or tags, or Federal permit

(Federal Subsistence Registration

Permit);

(ii) A qualified subsistence user may

designate another qualified subsistence

user (by using the Federal Designated

Hunter Permit) to take fish and wildlife

on his or her behalf;

(iii) The fish and wildlife is taken by

individuals or community

representatives permitted (via a Federal

Subsistence Registration Permit) a onetime or annual harvest for special

purposes including ceremonies and

potlatches; or

(iv) The fish and wildlife is taken by

representatives of a community

permitted to do so in a manner

consistent with the community’s

customary and traditional practices.

(6) The Board may delegate to agency

field officials the authority to set harvest

limits, define harvest areas, and open or

close specific fish or wildlife harvest

seasons within frameworks established

by the Board.

(7) The Board shall establish a Staff

Committee composed of a member from

the U.S. Fish and Wildlife Service,

National Park Service, U.S. Bureau of

Land Management, Bureau of Indian

Affairs, and USDA Forest Service for

analytical and administrative assistance.

The U.S. Fish and Wildlife Service

representative shall serve as Chair of the

Staff Committee.

(8) The Board may establish and

dissolve additional committees as

necessary for assistance.

(9) The U.S. Fish and Wildlife Service

shall provide appropriate administrative

support for the Board.

(10) The Board shall authorize at least

two meetings per year for each Regional

Council.

(e) Relationship to Regional Councils.

(1) The Board shall consider the reports

and recommendations of the Regional

Councils concerning the taking of fish

and wildlife on public lands within

their respective regions for subsistence

uses. The Board may choose not to

follow any Regional Council

recommendation which it determines is

not supported by substantial evidence,

violates recognized principles of fish

and wildlife conservation, would be

detrimental to the satisfaction of

subsistence needs, or in closure

situations, for reasons of public safety or

administration or to assure the

continued viability of a particular fish

or wildlife population. If a

recommendation is not adopted, the

Board shall set forth the factual basis

and the reasons for the decision, in

writing, in a timely fashion.

(2) The Board shall provide available

and appropriate technical assistance to

the Regional Councils.

§lll.11 Regional advisory councils.

(a) The Board shall establish a

Regional Council for each subsistence

resource region to participate in the

Federal subsistence management

program. The Regional Councils shall be

established, and conduct their activities,

in accordance with the FACA. The

Regional Councils shall provide a

regional forum for the collection and

expression of opinions and

recommendations on matters related to

subsistence taking and uses of fish and

wildlife resources on public lands. The

Regional Councils shall provide for

public participation in the Federal

regulatory process.
66226 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

(b) Establishment of Regional

Councils; membership. (1) The number

of members for each Regional Council

shall be established by the Board, and

shall be an odd number. A Regional

Council member must be a resident of

the region in which he or she is

appointed and be knowledgeable about

the region and subsistence uses of the

public lands therein. The Board shall

accept nominations and recommend to

the Secretaries that representatives on

the Regional Councils be appointed

from those nominated by subsistence

users. Appointments to the Regional

Councils shall be made by the

Secretaries.

(2) Regional Council members shall

serve 3 year terms and may be

reappointed. Initial members shall be

appointed with staggered terms up to

three years.

(3) The Chair of each Regional

Council shall be elected by the

applicable Regional Council, from its

membership, for a one year term and

may be reelected.

(c) Powers and Duties. (1) The

Regional Councils are authorized to:

(i) Hold public meetings related to

subsistence uses of fish and wildlife

within their respective regions, after the

Chair of the Board or the designated

Federal Coordinator has called the

meeting and approved the meeting

agenda;

(ii) Elect officers;

(iii) Review, evaluate, and make

recommendations to the Board on

proposals for regulations, policies,

management plans, and other matters

relating to the subsistence take of fish

and wildlife under these regulations

within the region;

(iv) Provide a forum for the

expression of opinions and

recommendations by persons interested

in any matter related to the subsistence

uses of fish and wildlife within the

region;

(v) Encourage local and regional

participation, pursuant to the provisions

of the regulations in this part in the

decisionmaking process affecting the

taking of fish and wildlife on the public

lands within the region for subsistence

uses;

(vi) Prepare and submit to the Board

an annual report containing—

(A) An identification of current and

anticipated subsistence uses of fish and

wildlife populations within the region;

(B) An evaluation of current and

anticipated subsistence needs for fish

and wildlife populations from the

public lands within the region;

(C) A recommended strategy for the

management of fish and wildlife

populations within the region to

accommodate such subsistence uses and

needs related to the public lands; and

(D) Recommendations concerning

policies, standards, guidelines, and

regulations to implement the strategy;

(vii) Appoint members to each

Subsistence Resource Commission

(Commission) within their region in

accordance with the requirements of

section 808 of ANILCA;

(viii) Make recommendations on

determinations of customary and

traditional use of subsistence resources;

(ix) Make recommendations on

determinations of rural status;

(x) Make recommendations regarding

the allocation of subsistence uses among

rural Alaska residents pursuant to

§ lll.17;

(xi) Develop proposals pertaining to

the subsistence taking and use of fish

and wildlife under these regulations,

and review and evaluate such proposals

submitted by other sources;

(xii) Provide recommendations on the

establishment and membership of

Federal Advisory Committees.

(2) The Regional Councils shall:

(i) Operate in conformance with the

provisions of FACA and comply with

rules of operation established by the

Board;

(ii) Perform other duties specified by

the Board.

§lll.12 Local advisory committees.

(a) The Board shall establish such

Federal Advisory Committees within

each region as necessary at such time

that it is determined, after notice and

hearing and consultation with the State,

that the existing State fish and game

advisory committees do not adequately

provide advice to, and assist, the

particular Regional Council in carrying

out its function as set forth in §ll.11.

(b) Federal Advisory Committees, if

established by the Board, shall operate

in conformance with the provisions of

the FACA, and comply with rules of

operation established by the Board.

§lll.13 Board/agency relationships.

(a) General. (1) The Board, in making

decisions or recommendations, shall

consider and ensure compliance with

specific statutory requirements

regarding the management of resources

on public lands, recognizing that the

management policies applicable to some

public lands may entail methods of

resource and habitat management and

protection different from methods

appropriate for other public lands.

(2) The Board shall promulgate

regulations for subsistence taking of fish

and wildlife on public lands. The Board

is the final administrative authority on

the promulgation of subpart C and D

regulations relating to the subsistence

taking of fish and wildlife on public

lands.

(3) Nothing in the regulations in this

part shall enlarge or diminish the

authority of any agency to promulgate

regulations necessary for the proper

management of public lands under their

jurisdiction in accordance with ANILCA

and other existing laws.

(b) Section 808 of ANILCA establishes

National Park and Park Monument

Subsistence Resource Commissions.

Nothing in the regulations in this part

affects the duties or authorities of these

commissions.

§lll.14 Relationship to State

procedures and regulations.

(a) State fish and game regulations

apply to public lands and such laws are

hereby adopted and made a part of the

regulations in this part to the extent

they are not inconsistent with, or

superseded by the regulations in this

part.

(b) The Board may close public lands

to hunting and fishing, or take actions

to restrict the taking of fish and wildlife

despite any State authorization for

taking fish and wildlife on public lands.

The Board may review and adopt State

closures or restrictions which serve to

achieve the objectives of the regulations

in this part.

(c) The Board may enter into

agreements with the State in order to

coordinate respective management

responsibilities.

(d) Petition for repeal of subsistence

rules and regulations. (1) The State of

Alaska may petition the Secretaries for

repeal of the subsistence rules and

regulations in this part when the State

has enacted and implemented

subsistence management and use laws

which:

(i) Are consistent with sections 803,

804, and 805 of ANILCA; and

(ii) Provide for the subsistence

definition, preference, and participation

specified in sections 803, 804, and 805

of ANILCA.

(2) The State’s petition shall:

(i) Be submitted to the Secretary of the

Interior, U.S. Department of the Interior,

Washington, D.C. 20240, and the

Secretary of Agriculture, U.S.

Department of Agriculture, Washington,

D.C. 20240.

(ii) Include the entire text of

applicable State legislation indicating

compliance with sections 803, 804, and

805 of ANILCA; and

(iii) Set forth all data and arguments

available to the State in support of

legislative compliance with sections

803, 804, and 805 of ANILCA.

(3) If the Secretaries find that the

State’s petition contains adequate
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66227

justification, a rulemaking proceeding

for repeal of the regulations in this part

will be initiated. If the Secretaries find

that the State’s petition does not contain

adequate justification, the petition will

be denied by letter or other notice, with

a statement of the ground for denial.

§lll.15 Rural determination process.

(a) The Board shall determine if an

area or community in Alaska is rural. In

determining whether a specific area of

Alaska is rural, the Board shall use the

following guidelines:

(1) A community or area with a

population of 2500 or less shall be

deemed to be rural unless such a

community or area possesses significant

characteristics of a non-rural nature, or

is considered to be socially and

economically a part of an urbanized

area.

(2) Communities or areas with

populations above 2500 but not more

than 7000 will be determined to be rural

or non-rural.

(3) A community with a population of

more than 7000 shall be presumed nonrural, unless such a community or area

possesses significant characteristics of a

rural nature.

(4) Population data from the most

recent census conducted by the United

States Bureau of Census as updated by

the Alaska Department of Labor shall be

utilized in this process.

(5) Community or area characteristics

shall be considered in evaluating a

community’s rural or non-rural status.

The characteristics may include, but are

not limited to:

(i) Use of fish and wildlife;

(ii) Development and diversity of the

economy;

(iii) Community infrastructure;

(iv) Transportation; and

(v) Educational institutions.

(6) Communities or areas which are

economically, socially and communally

integrated shall be considered in the

aggregate.

(b) The Board shall periodically

review rural determinations. Rural

determinations shall be reviewed on a

ten year cycle, commencing with the

publication of the year 2000 U.S.

census. Rural determinations may be

reviewed out-of-cycle in special

circumstances. Once the Board makes a

determination that a community has

changed from rural to non-rural, a

waiting period of five years shall be

required before the non-rural

determination becomes effective.

(c) Current determinations are listed

at §ll.23.

§lll.16 Customary and traditional use

determination process.

(a) The Board shall determine which

fish stocks and wildlife populations

have been customarily and traditionally

used for subsistence. These

determinations shall identify the

specific community’s or area’s use of

specific fish stocks and wildlife

populations. For areas managed by the

National Park Service, where

subsistence uses are allowed, the

determinations may be made on an

individual basis.

(b) A community or area shall

generally exhibit the following factors,

which exemplify customary and

traditional use. The Board shall make

customary and traditional use

determinations based on application of

the following factors:

(1) A long-term consistent pattern of

use, excluding interruptions beyond the

control of the community or area;

(2) A pattern of use recurring in

specific seasons for many years;

(3) A pattern of use consisting of

methods and means of harvest which

are characterized by efficiency and

economy of effort and cost, conditioned

by local characteristics;

(4) The consistent harvest and use of

fish or wildlife as related to past

methods and means of taking; near, or

reasonably accessible from the

community or area;

(5) A means of handling, preparing,

preserving, and storing fish or wildlife

which has been traditionally used by

past generations, including

consideration of alteration of past

practices due to recent technological

advances, where appropriate;

(6) A pattern of use which includes

the handing down of knowledge of

fishing and hunting skills, values and

lore from generation to generation;

(7) A pattern of use in which the

harvest is shared or distributed within

a definable community of persons; and

(8) A pattern of use which relates to

reliance upon a wide diversity of fish

and wildlife resources of the area and

which provides substantial cultural,

economic, social, and nutritional

elements to the community or area.

(c) The Board shall take into

consideration the reports and

recommendations of any appropriate

Regional Council regarding customary

and traditional uses of subsistence

resources.

(d) Current determinations are listed

in §lll.24.

§lll.17 Determining priorities for

subsistence uses among rural Alaska

residents.

(a) Whenever it is necessary to restrict

the subsistence taking of fish and

wildlife on public lands in order to

protect the continued viability of such

populations, or to continue subsistence

uses, the Board shall establish a priority

among the rural Alaska residents after

considering any recommendation

submitted by an appropriate Regional

Council.

(b) The priority shall be implemented

through appropriate limitations based

on the application of the following

criteria to each area, community, or

individual determined to have

customary and traditional use, as

necessary:

(1) Customary and direct dependence

upon the populations as the mainstay of

livelihood;

(2) Local residency; and

(3) The availability of alternative

resources.

(c) If allocation on an area or

community basis is not achievable, then

the Board shall allocate subsistence

opportunity on an individual basis

through application of the criteria in

paragraphs (b)(1) through (3) of this

section.

(d) In addressing a situation where

prioritized allocation becomes

necessary, the Board shall solicit

recommendations from the Regional

Council in the area affected.

§lll.18 Regulation adoption process.

(a) Proposals for changes to the

Federal subsistence regulations in

subpart D of this part shall be accepted

by the Board according to a published

schedule, but at least once a year. The

Board shall develop and publish

proposed regulations in the Federal

Register and publish notice in local

newspapers. Comments on the proposed

regulations in the form of proposals

shall be distributed for public review.

(1) Proposals shall be made available

for at least a thirty (30) day review by

the Regional Councils. Regional

Councils shall forward their

recommendations on proposals to the

Board. Such proposals with

recommendations may be submitted in

the time period as specified by the

Board or as a part of the Regional

Council’s annual report described in

§ ll.11, whichever is earlier.

(2) The Board shall publish notice

throughout Alaska of the availability of

proposals received.

(3) The public shall have at least

thirty (30) days to review and comment

on proposals.

(4) After the comment period the

Board shall meet to receive public

testimony and consider the proposals.

The Board shall consider traditional use

patterns when establishing harvest

levels and seasons, and methods and
66228 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

means. The Board may choose not to

follow any recommendation which the

Board determines is not supported by

substantial evidence, violates

recognized principles of fish and

wildlife conservation, or would be

detrimental to the satisfaction of

subsistence needs. If a recommendation

approved by a Regional Council is not

adopted by the Board, the Board shall

set forth the factual basis and the

reasons for their decision in writing to

the Regional Council.

(5) Following consideration of the

proposals the Board shall publish final

regulations pertaining to subpart D of

this part in the Federal Register.

(b) Proposals for changes to subpart C

of this part shall be accepted by the

Board according to a published

schedule. The Board shall develop and

publish proposed regulations in the

Federal Register and publish notice in

local newspapers. Comments on the

proposed regulations in the form of

proposals shall be distributed for public

review.

(1) Public and governmental

proposals shall be made available for a

thirty (30) day review by the regional

councils. Regional Councils shall

forward their recommendations on

proposals to the Board. Such proposals

with recommendations may be

submitted in the time period as

specified by the Board or as a part of the

Regional Council’s annual report

described in §ll.11, whichever is

earlier.

(2) The Board shall publish notice

throughout Alaska of the availability of

proposals received.

(3) The public shall have at least

thirty (30) days to review and comment

on proposals.

(4) After the comment period the

Board shall meet to receive public

testimony and consider the proposals.

The Board may choose not to follow any

recommendation which the Board

determines is not supported by

substantial evidence, violates

recognized principles of fish and

wildlife conservation, or would be

detrimental to the satisfaction of

subsistence needs. If a recommendation

approved by a Regional Council is not

adopted by the Board, the Board shall

set forth the factual basis and the

reasons for their decision in writing to

the Regional Council.

(5) Following consideration of the

proposals the Board shall publish final

regulations pertaining to subpart C of

this part in the Federal Register. A

Board decision to change a community’s

or area’s status from rural to non-rural

will not become effective until five

years after the decision has been made.

(c) [Reserved]

(d) Proposals for changes to subparts

A and B of this part shall be accepted

by the Secretary of the Interior in

accordance with 43 CFR part 14.

§lll.19 Closures and other special

actions.

(a) The Board may make or direct

restriction or closure of the taking of

fish and wildlife for non-subsistence

uses on public lands when necessary to

assure the continued viability of

particular fish or wildlife population, to

continue subsistence uses of a fish or

wildlife population, or for reasons of

public safety or administration.

(b) After consulting with the State of

Alaska, providing adequate notice to the

public, and holding at least one public

hearing in the vicinity of the affected

communities, the Board may make or

direct temporary closures to subsistence

uses of a particular fish or wildlife

population on public lands to assure the

continued viability of a fish or wildlife

population, or for reasons of public

safety or administration. A temporary

closure will not extend beyond the

regulatory year in which it is

promulgated.

(c) In an emergency situation, the

Board may direct immediate closures

related to subsistence or nonsubsistence uses of fish and wildlife on

public lands, if necessary to assure the

continued viability of a fish or wildlife

population, or for public safety reasons.

The Board shall publish notice and

reasons justifying the emergency closure

in the Federal Register and in

newspapers of any area affected. The

emergency closure shall be effective

when directed by the Board, may not

exceed 60 days, and may not be

extended unless it is determined by the

Board, after notice and hearing, that

such closure should be extended.

(d) The Board may make or direct a

temporary change to open or adjust the

seasons or to increase the bag limits for

subsistence uses of fish and wildlife

populations on public lands. An

affected rural resident, community,

Regional Council, or administrative

agency may request a temporary change

in seasons or bag limits. Prior to

implementing a temporary change, the

Board shall consult with the State, shall

comply with the provisions of 5 U.S.C.

551–559 (Administrative Procedure Act

or APA), and shall provide adequate

notice and opportunity to comment. The

length of any temporary change shall be

confined to the minimum time period or

bag limit determined by the Board to be

necessary to satisfy subsistence uses. In

addition, a temporary change may be

made only after the Board determines

that the proposed temporary change will

not interfere with the conservation of

healthy fish and wildlife populations.

The decision of the Board shall be the

final administrative action.

(e) Regulations authorizing any

individual agency to direct temporary or

emergency closures on public lands

managed by the agency remain

unaffected by these regulations, which

authorize the Board to make or direct

restrictions, closures, or temporary

changes for subsistence uses on public

lands.

(f) Taking fish and wildlife in

violation of a restriction, or temporary

change authorized by the Board is

prohibited.

§lll.20 Request for reconsideration.

(a) Regulations in subparts C and D of

this part published in the Federal

Register are subject to requests for

reconsideration.

(b) Any aggrieved person may file a

request for reconsideration with the

Board.

(c) To file a request for

reconsideration, the requestor must

notify the Board in writing within sixty

(60) days of the effective date or date of

publication of the notice, whichever is

earliest, for which reconsideration is

requested.

(d) It is the responsibility of a

requestor to provide the Board with

sufficient narrative evidence and

argument to show why the action by the

Board should be reconsidered. The

following information must be included

in the request for reconsideration:

(1) The requestor’s name, and mailing

address;

(2) The action for which

reconsideration is requested and the

date of Federal Register publication of

that action;

(3) A detailed statement of how the

requestor is adversely affected by the

action;

(4) A detailed statement of the facts of

the dispute, the issues raised by the

request, and specific references to any

law, regulation, or policy that the

requestor believes to be violated and the

reason for such allegation;

(5) A statement of how the requestor

would like the action changed.

(e) Upon receipt of a request for

reconsideration, the Board shall

transmit a copy of such request to any

appropriate Regional Council for review

and recommendation. The Board shall

consider any Regional Council

recommendations in making a final

decision.

(f) If the request is justified, the Board

shall implement a final decision on a

request for reconsideration after
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66229

compliance with 5 U.S.C. 551–559

(APA).

(g) If the request is denied, the

decision of the Board represents the

final administrative action.

§lll.21 [Reserved]

Subpart C—Board Determinations

§lll.22 Subsistence resource regions.

(a) The following areas are hereby

designated as subsistence resource

regions:

(1) Southeast Region;

(2) Southcentral Region;

(3) Kodiak/Aleutians Region;

(4) Bristol Bay Region;

(5) Yukon-Kuskokwim Delta Region;

(6) Western Interior Region;

(7) Seward Peninsula Region;

(8) Northwest Arctic Region;

(9) Eastern Interior Region;

(10) North Slope Region.

(b) Maps delineating the boundaries

of subsistence resources regions are

available from the U.S. Fish and

Wildlife Service, 1011 East Tudor Road,

Anchorage, Alaska 99503.

§lll.23 Rural determinations.

(a)(1) All communities and areas have

been determined by the Board to be

rural in accordance with §ll.15

except the following:

Adak;

Fairbanks North Star Borough;

Homer area—including Homer, Anchor

Point, Kachemak City, and Fritz Creek;

Juneau area—including Juneau, West Juneau

and Douglas;

Kenai area—including Kenai, Soldotna,

Sterling, Nikiski, Salamatof, Kalifornsky,

Kasilof, and Clam Gulch;

Ketchikan area—including Ketchikan City,

Clover Pass, North Tongass Highway,

Ketchikan East, Mountain Pass, Herring

Cove, Saxman East, and parts of Pennock

Island;

Municipality of Anchorage;

Seward area—including Seward and Moose

Pass; Valdez; and

Wasilla area—including Palmer, Wasilla,

Sutton, Big Lake, Houston, and

Bodenberg Butte.

(2) Maps delineating the boundaries

of non-rural areas listed in paragraph

(a)(1) of this section are available from

the U.S. Fish and Wildlife Service.

(b) [Reserved]

§lll.24 Customary and traditional use

determinations.

(a) Rural Alaska residents of the listed

communities and areas have been

determined to have customary and

traditional subsistence use of the

specified species on Federal public

lands in the specified areas. When there

is a determination for specific

communities or areas of residence in a

Unit, all other communities not listed

for that species in that Unit have no

Federal subsistence for that species in

that Unit. If no determination has been

made for a species in a Unit, all rural

Alaska residents are eligible to harvest

fish or wildlife under this part.

(1) Wildlife determinations.

Area Species Determination

Unit 1(C) ......................................... Black Bear ..................................... Rural residents of Unit 1(C) and Haines, Gustavus, Klukwan, and

Hoonah.

1(A) ................................................. Brown Bear .................................... Rural residents of Unit 1(A) except no subsistence for residents of

Hyder.

1(B) ................................................. Brown Bear .................................... Rural residents of Unit 1(A), Petersburg, and Wrangell, except no

subsistence for residents of Hyder.

1(C) ................................................ Brown Bear .................................... Rural residents of Unit 1(C), Haines, Hoonah, Klukwan, Skagway, and

Wrangell, except no subsistence for residents of Gustavus.

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

1(A) ................................................. Deer ............................................... Rural residents of 1(A) and 2.

1(B) ................................................. Deer ............................................... Rural residents of Unit 1(A), residents of 1(B), 2 and 3.

1(C) ................................................ Deer ............................................... Rural residents of 1(C) and (D), and residents of Hoonah and Gustavus.

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

1(B) ................................................. Goat ............................................... Rural residents of Units 1(B) and 3.

1(C) ................................................ Goat ............................................... Residents of Haines, Klukwan, and Hoonah.

1(B) ................................................. Moose ............................................ Rural residents of Units 1, 2, 3, and 4.

1(C) Berner’s Bay .......................... Moose ............................................ No Federal subsistence priority.

1(D) ................................................ Moose ............................................ Residents of Unit 1(D).

Unit 2 .............................................. Brown Bear .................................... No Federal subsistence priority.

2 ..................................................... Deer ............................................... Rural residents of Unit 1(A) and residents of Units 2 and 3.

Unit 3 .............................................. Deer ............................................... Residents of Unit 1(B) and 3, and residents of Port Alexander, Port

Protection, Pt. Baker, and Meyer’s Chuck.

3, Wrangell and Mitkof Islands ...... Moose ............................................ Rural residents of Units 1(B), 2, and 3.

Unit 4 .............................................. Brown Bear .................................... Residents of Unit 4 and Kake,

4 ..................................................... Deer ............................................... Residents of Unit 4 and residents of Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan, Port Protection, Wrangell, and Yakutat.

4 ..................................................... Goat ............................................... Residents of Sitka, Hoonah, Tenakee, Pelican, Funter Bay, Angoon,

Port Alexander, and Elfin Cove.

Unit 5 .............................................. Black Bear ..................................... Residents of Unit 5(A).

5 ..................................................... Brown Bear .................................... Residents of Yakutat.

5 ..................................................... Deer ............................................... Residents of Yakutat.

5 ..................................................... Moose ............................................ Residents of Unit 5(A).

Unit 6(A) ......................................... Black Bear ..................................... Residents of Yakutat and residents of 6(C) and 6(D), except no subsistence for Whittier.

6, Remainder .................................. Black Bear ..................................... Residents of Unit 6(C) and 6(D), except no subsistence for Whittier.

6 ..................................................... Brown Bear .................................... No Federal subsistence priority.

6(C) and (D) ................................... Goat ............................................... Rural residents of Unit 6(C) and (D).

6 ..................................................... Moose ............................................ No Federal subsistence priority.

6 ..................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

Unit 7 .............................................. Brown Bear .................................... No Federal subsistence priority.

7 ..................................................... Caribou .......................................... No Federal subsistence priority.

7, Brown Mountain hunt area ........ Goat ............................................... Residents of Port Graham and English Bay.
66230 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

Area Species Determination

7, that portion draining into Kings

Bay.

Moose ............................................ Residents of Chenega Bay and Tatitlek.

7, Remainder .................................. Moose ............................................ No Federal subsistence priority.

7 ..................................................... Sheep ............................................. No Federal subsistence priority.

Unit 8 .............................................. Brown Bear .................................... Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and

Port Lions.

8 ..................................................... Deer ............................................... Residents of Unit 8.

8 ..................................................... Elk .................................................. Residents of Unit 8.

8 ..................................................... Goat ............................................... No Federal subsistence priority.

Unit 9(D) ......................................... Bison .............................................. No Federal subsistence priority.

9(A) and (B) ................................... Black Bear ..................................... Residents of Units 9(A) and (B), and 17(A), (B), and (C).

9(A), (C) and (D) ............................ Brown Bear .................................... No Federal subsistence priority.

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

9(E) ................................................. Brown Bear .................................... Residents of Chignik Lake, Egegik, Ivanof Bay, Perryville, and Port

Heiden/Meshik.

9(A) and (B) ................................... Caribou .......................................... Residents of Units 9(B), 9(C) and 17.

9(C) ................................................ Caribou .......................................... Residents of Units 9(B), 9(C), 17 and residents of Egegik.

9(D) ................................................ Caribou .......................................... Residents of Unit 9(D), and residents of False Pass.

9(E) ................................................. Caribou .......................................... Residents of Units 9(B), (C), (E), 17, and residents of Nelson Lagoon

and Sand Point.

9(A), (B), (C) and (E) ..................... Moose ............................................ Residents of Unit 9(A), (B), (C) and (E).

9(D) ................................................ Moose ............................................ No Federal subsistence priority.

9(B) ................................................. Sheep ............................................. Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port

Alsworth.

9, Remainder .................................. Sheep ............................................. No determination.

9 ..................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

9(A), (B), (C), & (E) ........................ Beaver ............................................ Residents of Units 9(A), (B), (C), (E), and 17.

Unit 10 Unimak Island .................... Caribou .......................................... Residents of False Pass.

10, Remainder ................................ Caribou .......................................... No determination.

10 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

Unit 11 ............................................ Bison .............................................. No Federal subsistence priority.

11 ................................................... Brown Bear .................................... No Federal subsistence priority.

11, north of the Sanford River ....... Caribou .......................................... Residents of Units 11, 12, and 13 (A)–(D) and the residents of

Chickaloon and Dot Lake.

11, remainder ................................. Caribou .......................................... Residents of Units 11 and 13 (A)–(D) and the residents of

Chickaloon.

11 ................................................... Goat ............................................... Residents of Unit 11 and the residents of Chitina, Chistochina, Copper Center, Gakona, Gulkana, Mentasta Lake, Tazlina, Tonsina,

and Dot Lake.

11, north of the Sanford River ....... Moose ............................................ Residents of Units 11, 12, and 13 (A)–(D) and the residents of

Chickaloon and Dot Lake.

11, remainder ................................. Moose ............................................ Residents of Unit 11 and Unit 13 (A)–(D) and the residents of

Chickaloon.

11, north of the Sanford River ....... Sheep ............................................. Residents of Unit 12 and the communities and areas of Chistochina,

Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana,

Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/

South Park, Tazlina and Tonsina; Residents along the Nabesna

Road—Milepost 0–46 (Nabesna Road), and residents along the

McCarthy Road—Milepost 0–62 (McCarthy Road).

11, remainder ................................. Sheep ............................................. Residents of the communities and areas of Chisana, Chistochina,

Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana,

Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/

South Park, Tazlina and Tonsina; Residents along the Tok

Cuttoff—Milepost 79–110 (Mentasta Pass), residents along the

Nabesna Road—Milepost 0–46 (Nabesna Road), and residents

along the McCarthy Road—Milepost 0–62 (McCarthy Road).

11 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

11 ................................................... Grouse (Spruce, Blue, Ruffed and

Sharp-tailed).

Residents of Units 11, 12, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

11 ................................................... Ptarmigan (Rock, Willow and

White-tailed).

Residents of Units 11, 12, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

Unit 12 ............................................ Brown Bear .................................... Residents of Unit 12 and Dot Lake.

12 ................................................... Caribou .......................................... Residents of Unit 12 and residents of Dot Lake and Mentasta Lake.

12, South of a line from Noyes

Mountain, southeast of the confluence of Tatschunda Creek to

Nabesna River.

Moose ............................................ Residents of Unit 11 north of 62nd parallel (excluding North Slana

Homestead and South Slana Homestead); and residents of Unit 12,

13 (A)–(D) and the residents of Chickaloon and residents of Dot

Lake.

12, East of the Nabesna River and

Nabesna Glacier, south of the

Winter Trail from Pickerel Lake

to the Canadian Border.

Moose ............................................ Residents of Unit 12.
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66231

Area Species Determination

12, Remainder ................................ Moose ............................................ Residents of Unit 12 and residents of Dot Lake and Mentasta Lake.

12 ................................................... Sheep ............................................. Residents of Unit 12 and residents of Chistochina and Mentasta Lake.

12 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

Unit 13 ............................................ Brown Bear .................................... No Federal subsistence priority.

13 ................................................... Caribou Nelchina Herd .................. Residents of Units 11, 13 and the residents of Chickaloon, and 12

(along Nabesna Road).

13(E) ............................................... Caribou .......................................... Residents of McKinley Village, and the area along the Parks Highway

between milepost 216 and 239 (except no subsistence for residents

of Denali National Park headquarters).

13(D) .............................................. Goat ............................................... No Federal subsistence priority.

13(A), (B), and (D) ......................... Moose ............................................ Residents of Unit 13 and the residents of Chickaloon.

13(C) .............................................. Moose ............................................ Residents of Units 12, 13 and the residents of Chickaloon and Dot

Lake.

13(E) ............................................... Moose ............................................ Residents of McKinley Village, and the area along the Parks Highway

between milepost 216 and 239 (except no subsistence for residents

of Denali National Park headquarters).

13(D) .............................................. Sheep ............................................. No Federal subsistence priority.

13 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26.

13 ................................................... Grouse (Spruce, Blue, Ruffed &

Sharp-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 & 23.

13 ................................................... Ptarmigan (Rock, Willow and

White-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 & 23.

Unit 14(B) and (C) .......................... Brown Bear .................................... No Federal subsistence priority.

14 ................................................... Goat ............................................... No Federal subsistence priority.

14 ................................................... Moose ............................................ No Federal subsistence priority.

14(A) and (C) ................................. Sheep ............................................. No Federal subsistence priority.

Unit 15(C) ....................................... Black Bear ..................................... Residents of Port Graham and Nanwalek only.

15, Remainder ................................ Black Bear ..................................... No Federal subsistence priority.

15 ................................................... Brown Bear .................................... No Federal subsistence priority.

15(C), Port Graham and English

Bay hunt areas.

Goat ............................................... Residents of Port Graham and Nanwalek.

15(C), Seldovia hunt area .............. Goat ............................................... Residents Seldovia area.

15 ................................................... Moose ............................................ Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia.

15 ................................................... Sheep ............................................. No Federal subsistence priority.

15 ................................................... Ptarmigan (Rock, Willow and

White-tailed).

Residents of Unit 15.

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

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

Unit 16 ............................................ Brown Bear .................................... No Federal subsistence priority.

16(A) ............................................... Moose ............................................ No Federal subsistence priority.

16(B) ............................................... Moose ............................................ Residents of Unit 16(B).

16 ................................................... Sheep ............................................. No Federal subsistence priority.

16 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26.

16 ................................................... Grouse (Spruce, Blue, Ruffed and

Sharp-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

16 ................................................... Ptarmigan (Rock, Willow and

White-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

Unit 17 ............................................ Black Bear ..................................... Residents of Units 9(A) and (B), and 17(A), (B), and (C).

17(A) ............................................... Brown Bear .................................... Residents of Unit 17, and residents of Goodnews Bay and Platinum.

17(A) and (B) Those portions north

and west of a line beginning

from the Unit 18 boundary at the

northwest end of Nenevok Lake,

to the southern point of upper

Togiak Lake, and northeast to

the northern point of Nuyakuk

Lake, northeast to the point

where the Unit 17 boundary

intersects the Shotgun Hills.

Brown Bear .................................... Residents of Kwethluk.

17(B) and (C) ................................. Brown Bear .................................... Residents of Unit 17.

17 ................................................... Caribou .......................................... Residents of Units 9(B), 17 and residents of Lime Village and Stony

River.
66232 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

Area Species Determination

17(A) and (B) Those portions north

and west of a line beginning

from the Unit 18 boundary at the

northwest end of Nenevok Lake;

to the southern point of upper

Togiak Lake, and northeast to

the northern point of Nuyakuk

Lake, northeast to the point

where the Unit 17 boundary

intersects the Shotgun Hills.

Caribou .......................................... Residents of Kwethluk.

17(A) and (B) Those portions north

and west of a line beginning

from the Unit 18 boundary at the

northwest end of Nenevok Lake,

to the southern point of upper

Togiak Lake, and northeast to

the northern point of Nuyakuk

Lake, northeast to the point

where the Unit 17 boundary

intersects the Shotgun Hills.

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

17(A) ............................................... Moose ............................................ Residents of Unit 17 and residents of Goodnews Bay and Platinum;

however, no subsistence for residents of Akiachak, Akiak and

Quinhagak.

17(B) and (C) ................................. Moose ............................................ Residents of Unit 17, and residents of Nondalton, Levelock,

Goodnews Bay and Platinum.

17 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26.

17 ................................................... Beaver ............................................ Residents of Units 9(A), (B), (C), (E), and 17.

Unit 18 ............................................ Black Bear ..................................... Residents of Unit 18, residents of Unit 19(A) living downstream of the

Holokuk River, and residents of Chuathbaluk, Aniak, Lower

Kalskag, Holy Cross, Stebbins, St. Michael, and Togiak.

18 ................................................... Brown Bear .................................... Residents of Akiachak, Akiak, Eek, Goodnews Bay, Kwethluk, Mt. Village, Napaskiak, Platinum, Quinhagak, St. Mary’s, and Tuluksak.

18 ................................................... Caribou (Kilbuck caribou herd

only).

INTERIM DETERMINATION BY FEDERAL SUBSISTENCE BOARD

(12/18/91): residents of Tuluksak, Akiak, Akiachak, Kwethluk, Bethel, Oscarville, Napaskiak, Napakiak, Kasigluk, Atmanthluak,

Nunapitchuk, Tuntutliak, Eek, Quinhagak, Goodnews Bay, Platinum,

Togiak, and Twin Hills.

18, North of the Yukon River ......... Caribou (except Kilbuck caribou

herd).

Residents of Alakanuk, Andreafsky, Chevak, Emmonak, Hooper Bay,

Kotlik, Kwethluk, Marshall, Mountain Village, Pilot Station, Pitka’s

Point, Russian Mission, St. Mary’s, St. Michael, Scammon Bay,

Sheldon Point, and Stebbins.

18, Remainder ................................ Caribou (except Kilbuck caribou

herd).

Residents of Kwethluk.

18, that portion of the Yukon River

drainage upstream of Russian

Mission and that portion of the

Kuskokwim River drainage upstream of, but not including the

Tuluksak River drainage..

Moose ............................................ Residents of Unit 18 and residents of Upper Kalskag, Lower Kalskag,

Aniak, and Chuathbaluk.

18, remainder ................................. Moose ............................................ Residents of Unit 18 and residents of Upper Kalskag and Lower

Kalskag.

18 ................................................... Muskox ........................................... No Federal subsistence priority.

18 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

Unit 19(C), (D) ................................ Bison .............................................. No Federal subsistence priority.

19(A) ............................................... Brown Bear .................................... Residents of Unit 19(A), (D), and Residents of Tuluksak, Lower

Kalskag and Kwethluk.

19(B) ............................................... Brown Bear .................................... Residents of Kwethluk.

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

19(D) .............................................. Brown Bear .................................... Residents of Unit 19(A) and (D), and residents of Tulusak and Lower

Kalskag.

19(A) and (B) ................................. Caribou .......................................... Residents of Unit 19(A) and (B) and Kwethluk; and residents of Unit

18 in Kuskokwim Drainage and Kuskokwim Bay during the winter

season.

19(C) .............................................. Caribou .......................................... Residents of Unit 19(C), and residents of Lime Village, McGrath,

Nikolai, and Telida.

19(D) .............................................. Caribou .......................................... Residents of Unit 19(D), and residents of Lime Village, Sleetmute and

Stony River.

19(A) and (B) ................................. Moose ............................................ Residents of Unit 18 within Kuskokwim River drainage upstream from

and including the Johnson River, and Unit 19.

19(C) .............................................. Moose ............................................ Residents of Unit 19.

19(D) .............................................. Moose ............................................ Residents of Unit 19 and residents of Lake Minchumina.
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66233

Area Species Determination

19 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

Unit 20(D) ....................................... Bison .............................................. No Federal subsistence priority.

20(F) ............................................... Black Bear ..................................... Residents of Unit 20(F) and residents of Stevens Village and Manley.

20(E) ............................................... Brown Bear .................................... Residents of Unit 12 and Dot Lake.

20(F) ............................................... Brown Bear .................................... Residents of Unit 20(F) and residents of Stevens Village and Manley.

20(A), (C) (Delta, Yanert, and

20(C) herds) and (D).

Caribou .......................................... No determination, except no subsistence for residents of households

of the Denali National Park Headquarters.

20(D) and 20(E) ............................. Caribou 40-Mile Herd .................... Residents of Unit 12 north of Wrangell Park-Preserve, rural residents

of 20(D) and residents of 20(E).

20(A) ............................................... Moose ............................................ Residents of Cantwell, Minto, and Nenana, McKinley Village, the area

along the Parks Highway between mileposts 216 and 239, except

no subsistence for residents of households of the Denali National

Park Headquarters.

20(B) ............................................... Moose ............................................ Minto Flats Management Area—residents of Minto and Nenana.

20(B) ............................................... Moose ............................................ Remainder—rural residents of Unit 20(B), and residents of Nenana

and Tanana.

20(C) .............................................. Moose ............................................ Rural residents of Unit 20(C) (except that portion within Denali National Park and Preserve and that portion east of the Teklanika

River), and residents of Cantwell, Manley, Minto, Nenana, the

Parks Highway from milepost 300–309, Nikolai, Tanana, Telida,

McKinley Village, and the area along the Parks Highway between

mileposts 216 and 239. No subsistence for residents of households

of the Denali National Park Headquarters.

20(D) .............................................. Moose ............................................ Rural residents of Unit 20(D) and residents of Tanacross.

20(F) ............................................... Moose ............................................ Residents of Unit 20(F), Manley, Minto and Stevens Village.

20(F) ............................................... Wolf ................................................ Residents of Unit 20(F) and residents of Stevens Village and Manley.

20, remainder ................................. Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

20(D) .............................................. Grouse (Spruce, Blue, Ruffed and

Sharp-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

20(D) .............................................. Ptarmigan (Rock, Willow and

White-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

Unit 21 ............................................ Brown Bear .................................... Rural residents of Unit 21 and 23.

21 ................................................... Caribou, Western Arctic Caribou

Herd only.

Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, and

residents of 23 and 24.

21(A) and (E) ................................. Caribou .......................................... Residents of Unit 21(A) and Aniak, Chuathbaluk, Crooked Creek,

Grayling, Holy Cross, McGrath, Shageluk and Takotna.

21(A) ............................................... Moose ............................................ Residents of Unit 21(A), (E), Takotna, McGrath, Aniak and Crooked

Creek.

21(B) and (C) ................................. Moose ............................................ Residents of Unit 21(B) and (C), residents of Tanana and Galena.

21(D) .............................................. Moose ............................................ Residents of Unit 21(D), and residents of Huslia and Ruby.

21(E) ............................................... Moose ............................................ Residents of Unit 21(E) and residents of Russian Mission.

21 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26.

Unit 22(A) ....................................... Black Bear ..................................... Residents of Unit 22(A) and Koyuk.

22(B) ............................................... Black Bear ..................................... Residents of Unit 22(B).

22(C), (D), and (E) ......................... Black Bear ..................................... No Federal subsistence priority.

22 ................................................... Brown Bear .................................... Residents of Unit 22

22(A) ............................................... Caribou .......................................... Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, and

residents of Units 22 (except residents of St. Lawrence Island), 23,

24, and residents of Kotlik, Emmonak, Hooper Bay, Scammon Bay,

Chevak, Marshall, Mountain Village, Pilot Station, Pitka’s Point,

Russian Mission, St. Mary’s Sheldon Point, and Alakanuk.

22, Remainder ................................ Caribou .......................................... Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, and

residents of Units 22 (except residents of St. Lawrence Island), 23,

24.

22 ................................................... Moose ............................................ Residents of Unit 22.

22(B) ............................................... Muskox ........................................... Residents of Unit 22(B).

22(C) .............................................. Muskox ........................................... Residents of Unit 22(C).

22(D) .............................................. Muskox ........................................... Residents of Unit 22(D) excluding St. Lawrence Island.

22(E) ............................................... Muskox ........................................... Resident of Unit 22(E) excluding Little Diomede Island.

22 ................................................... Wolf ................................................ Residents of Units 23, 22, 21(D) north and west of the Yukon River,

and residents of Kotlik.

22 ................................................... Brouse (Spruce, Blue, Ruffed and

Sharp-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

22 ................................................... Ptarmigan (Rock, Willow and

White-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

Unit 23 ............................................ Brown Bear .................................... Rural residents of Units 21 and 23.

23 ................................................... Caribou .......................................... Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, residents of Galena, and residents of Units 22, 23, 24 including residents of Wiseman but not including other residents of the Dalton

Highway Corridor Management Area, and 26(A).

23 ................................................... Moose ............................................ Residents of Unit 23.
66234 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

Area Species Determination

23 South of Kotzebue Sound and

west of and including the

Buckland River drainage.

Muskox ........................................... Residents of Unit 23 South of Kotzebue Sound and west of and including the Buckland River drainage.

23, Remainder ................................ Muskox ........................................... Residents of Unit 23 east and north of the Buckland River drainage.

23 ................................................... Sheep ............................................. Residents of Unit 23 north of the Arctic Circle.

23 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16-26.

23 ................................................... Grouse (Spruce, Blue, Ruffed and

Sharp-tailed).

Resident of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

23 ................................................... Ptarmigan (Rock, Willow and

White-tailed).

Residents of Units 11, 13 and the residents of Chickaloon, 15, 16,

20(D), 22 and 23.

Unit 24, that portion south of Caribou Mountain, and within the

public lands composing or immediately adjacent to the Dalton

Highway Corridor Management.

Black Bear ..................................... Residents of Stevens Village and residents of Unit 24 and Wiseman,

but not including any other residents of the Dalton Highway Corridor Management Area.

24, remainder ................................. Black Bear ..................................... Residents of Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area.

24, that portion south of Caribou

Mountain, and within the public

lands composing or immediately

adjacent to the Dalton Highway

Corridor Management Area.

Brown Bear .................................... Residents of Stevens Village and residents of Unit 24 and Wiseman,

but not including any other residents of the Dalton Highway Corridor Management Area.

24, remainder ................................. Brown Bear .................................... Residents of Unit 24 including Wiseman, but not including any other

residents of the Dalton Highway Corridor Management Area

24 ................................................... Caribou .......................................... Residents of Unit 24 including Wiseman, but not including any other

residents of the Dalton Highway Corridor Management Area; residents of Galena, Kobuk, Koyukuk, Stevens Village, and Tanana.

24 ................................................... Moose ............................................ Residents of Unit 24, and residents of Koyukuk and Galena.

24 ................................................... Sheep ............................................. Residents of Unit 24 residing north of the Arctic Circle and residents

of Allakaket, Alatna, Hughes, and Huslia.

24 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

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

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

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

25(A) ............................................... Moose ............................................ Residents of Unit 25(A) and 25(D).

25(D) West ..................................... Moose ............................................ Residents of Beaver, Birch Creek and Stevens Village.

25(D), Remainder ........................... Moose ............................................ Residents of Remainder of Unit 25.

25(A) ............................................... Sheep ............................................. Residents of Arctic Village, Chalkytsik, Fort Yukon, Kaktovik and

Venetie.

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

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

25, remainder ................................. Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

Unit 26 ............................................ Brown Bear .................................... Residents of Unit 26 (except the Prudhoe Bay-Deadhorse Industrial

Complex) and residents of Anaktuvuk Pass and Point Hope.

26(A) ............................................... Caribou .......................................... Residents of Unit 26 and the residents of Anaktuvuk Pass and Point

Hope.

26(B) ............................................... Caribou .......................................... Residents of Unit 26 and the residents of Anaktuvuk Pass, Point

Hope, and Wiseman.

26(C) .............................................. Caribou .......................................... Residents of Unit 26 and the residents of Anaktuvuk Pass and Point

Hope.

26 ................................................... Moose ............................................ Residents of Unit 26 (except the Prudhoe Bay-Deadhorse Industrial

Complex) and residents of Point Hope and Anaktuvuk Pass.

26(A) ............................................... Muskox ........................................... Residents of Anaktuvuk Pass, Atqasuk, Barrow, Nuiqsut, Point Hope,

Point Lay, and Wainwright.

26(B) ............................................... Muskox ........................................... Residents of Anaktuvuk Pass, Nuiqsut, and Kaktovik.

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

26(A) ............................................... Sheep ............................................. Residents of Unit 26, Anaktuvuk Pass, and Point Hope.

26(B) ............................................... Sheep ............................................. Residents of Anaktuvuk Pass, Point Hope, and Wiseman.

26(C) .............................................. Sheep ............................................. Residents of Unit 26, Arcti Village, Chalkytsik, Fort Yukon, Point

Hope, and Venetie.

26 ................................................... Wolf ................................................ Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

(2) Fish and shellfish determinations.
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66235

Area Species Determination

KOTZEBUE-NORTHERN AREA—

Northern District.

All fish ............................................ Residents of the Northern District, except for those domiciled in State

of Alaska Unit 26–B.

Kotzebue District ............................ Salmon, sheefish, char .................. Residents of the Kotzebue District.

NORTON SOUND-PORT CLARENCE AREA.Salmon ........................................... Residents of the Norton Sound-Port Clarence Area.

YUKON AREA ................................ Salmon ........................................... Residents of the Yukon Area, including the community of Stebbins.

Yukon River Fall chum salmon ..... Residents of the Yukon River drainage, including the communities of

Stebbins, Scammon Bay, Hooper Bay, and Chevak.

Freshwater fish species, including

sheefish, whitefish, lamprey,

burbot, sucker, grayling, pike,

char, and blackfish.

Residents of the Yukon Area.

KUSKOKWIM AREA ...................... Salmon ........................................... Residents of the Kuskokwim Area, except those persons residing on

the United States military installation located on Cape Newenham,

Sparevohn USAFB, and Tatalina USAFB.

Rainbow trout ................................. Residents of the communities of Quinhagak, Goodnews Bay,

Kwethluk, Eek, Akiachak, Akiak, and Platinum.

Pacific cod ..................................... Residents of the communities of Chevak, Newtok, Tununak, Toksook

Bay, Nightmute, Chefornak, Kipnuk, Mekoryuk, Kwigillingok,

Kongiganak, Eek, and Tuntutuliak.

Waters adjacent to the westernmost tip of the Naskonant Peninsula and the terminus of the

Ishowik River and around

Nunivak Island.

Herring and herring roe ................. Residents within 20 miles of the coast between the westernmost tip of

the Naskonant Peninsula and the terminus of the Ishowik River and

on Nunivak Island.

BRISTOL BAY AREA—Nushagak

District, including drainages flowing into the district.

Salmon and other freshwater fish Residents of the Nushagak District and freshwater drainages flowing

into the district.

Naknek-Kvichek District—Naknek

River drainage.

Salmon and other freshwater fish Residents of the Naknek and Kvichek River drainages.

Naknek-Kvichek District—IliamnaLake Clark drainage.Salmon and other freshwater fish Residents of the Iliamna-Lake Clark drainage.

Togiak District, including drainages

flowing into the district.

Salmon and other freshwater fish Residents of the Togiak District, freshwater drainages flowing into the

district, and the community of Manokotak.

KODIAK AREA—except the Mainland District, all waters along the

southside of the Alaska Peninsula bounded by the latitude of

Cape Douglas (58°52′ North latitude) midstream Shelikof Strait,

and west of the longitude of the

southern entrance of Kmuya Bay

near Kilokak Rocks (57°11′22′′

North latitude, 156°20′30′′ W

longitude).

Salmon ........................................... Residents of the Kodiak Island Borough, except those residing on the

Kodiak Coast Guard Base.

KODIAK AREA—except the

Semidi Island, the North Mainland, and the South Mainland

Sections.

King crab ........................................ Residents of the Kodiak Island Borough except those residents on the

Kodiak Coast Guard base.

COOK INLET AREA—Port Graham Subdistrict.Dolly Varden .................................. Residents of Port Graham and English Bay.

Port Graham Subdistrict and

Koyuktolik Subdistrict.

Salmon ........................................... Residents of Port Graham and English Bay.

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

PRINCE WILLIAM SOUND

AREA—South-Western District

and Green Island.

Salmon ........................................... Residents of the 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.

PRINCE WILLIAM SOUND

AREA—North of a line from Porcupine Point to Granite Point,

and south of a line from Point

Lowe to Tongue Point.

Salmon ........................................... Residents of the villages of Tatitlek and Ellamar.

YAKUTAT AREA—Freshwater upstream from the terminus of

streams and rivers of the Yakutat Area from the Doame River

to the Tsiu River.

Salmon ........................................... Residents of the area east of Yakutat Bay, including the islands within

Yakutat Bay, west of the Situk River drainage, and south of and including Knight Island.

Freshwater upstream from the terminus of streams and rivers of

the Yakutat Area from the

Doame River to Point Manby.

Dolly Varden char, steelhead trout,

and smelt.

Residents of the area east of Yakutat Bay, including the islands within

Yakutat Bay, west of the Situk River drainage, and south of and including Knight Island.
66236 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

Area Species Determination

SOUTH-EASTERN ALASKA

AREA—District 1—Section 1–E

in waters of the Naha River and

Roosevelt Lagoon.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Saxman.

District 1—Section 1–F in Boca de

Quadra in waters of Sockeye

Creek and Hugh Smith Lake

within 500 yards of the terminus

of Sockeye Creek.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Saxman.

District 2—North of the latitude of

the northern-most tip of Chasina

Point and west of a line from the

northern-most tip of Chasina

Point to the eastern-most tip of

Grindall Island to the easternmost tip of the Kasaan Peninsula.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Kasaan and in the drainage of the southeastern shore of the Kasaan Peninsula west of 132°20′ W. long. and

east of 132°25′ W. long.

District 3—Section 3–A .................. Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the townsite of Hydaburg.

District 3—Section 3–B in waters

east of a line from Point

Ildefonso to Tranquil Point.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Klawock and on Prince of Wales Island within

the boundaries of the Klawock Heenya Corporation land holdings

as they exist in January 1989, and those residents of the City of

Craig and on Prince of Wales Island within the boundaries of the

Shan Seet Corporation land holdings as they exist in January 1989.

District 3—Section 3–C in waters

of Sarkar Lakes.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Klawock and on Prince of Wales Island within

the boundaries of the Klawock Heenya Corporation land holdings

as they exist in January 1989, and those residents of the City of

Craig and on Prince of Wales Island within the boundaries of the

Shan Seet Corporation land holdings as they exist in January 1989.

District 5—North of a line from

Point Barrie to Boulder Point.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Kake and in Kupreanof Island drainages

emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor.

District 9—Section 9–A .................. Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Kake and in Kupreanof Island drainages

emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor.

District 9—Section 9–B north of

the latitude of Swain Point.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Kake and in Kupreanof Island drainages

emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor.

District 10—West of a line from

Pinta Point to False Point Pybus.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Kake and in Kupreanof Island drainages

emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor.

District 12—South of a line from

Fishery Point to south Passage

Point and north of the latitude of

Point Caution.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Angoon and along the western shore of Admiralty Island, north of the latitude of Sand Island, south of the latitude of Thayer Creek, and west of 134°30′ W. long., including

Killisnoo Island.

District 13—Section 13–A south of

the latitude of Cape Edward.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Borough of Sitka in drainages which empty

into Section 13–B north of the latitude of Dorothy Narrows.

District 13—Section 13–B north of

the latitude of Redfish Cape.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City and Borough of Sitka in drainages which empty

into Section 13–B north of the latitude of Dorothy Narrows.

District 13—Section 13–C .............. Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City and Borough of Sitka in drainages which empty

into Section 13–B north of the latitude of Dorothy Narrows.

District 13—Section 13–C east of

the longitude of Point Elizabeth.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Angoon and along the western shore of Admiralty Island north of the latitude of Sand Island, south of the latitude of Thayer Creek, and west of 134°30′ W. long., including

Killisnoo Island.

District 14—Section 14–B and 14–

C.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents of the City of Hoonah and in Chichagof Island drainages on

the eastern shore of Port Frederick from Gartina Creek to Point Sophia.

District 15—Chilkat and Chilkoot

Rivers.

Salmon, Dolly Varden char, trout,

smelt and eulachon.

Residents west of the Haines highway between Mile 20 and Mile 24

and east of the Chilkat River, but not elsewhere in Klukwan; and,

those residents of other areas of the city and borough of Haines,

excluding residents in the drainage of Excursion Inlet.

Subpart D—Subsistence Taking of

Fish and Wildlife

3. In subpart D, revise §§ll.26 and

ll.27 of 36 CFR part 242 and 50 CFR

part 100 to read as follows:

§ll.26 Subsistence taking of fish.

(a) Applicability. (1) Regulations in

this section apply to the taking of fish

or their parts for subsistence uses.

(2) Fish may be taken for subsistence

uses at any time by any method unless

restricted by the subsistence fishing

regulations found in this section.

(b) Definitions. The following

definitions shall apply to all regulations

contained in this section and §ll.27:

Abalone Iron means a flat device

which is used for taking abalone and
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66237

which is more than one 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.

Anchor means a device used to hold

a salmon 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.

Beach seine means a floating net

which is designed to surround fish and

is set from and hauled to the beach.

Char means the following species:

Arctic char (Salvelinus alpinis); lake

trout (Salvelinus namaycush); brook

trout (Salvelinus fontinalis), and Dolly

Varden (Salvelinus malma).

Crab means the following species: red

king crab (Paralithodes camshatica);

blue king crab (Paralithodes platypus);

brown king crab (Lithodes aequispina);

Lithodes couesi; all species of tanner or

snow crab (Chionoecetes spp.); and

Dungeness crab (Cancer magister).

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 five feet; the

depth of the bag must be at least onehalf 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.

Drainage means all of the waters

comprising a watershed including

tributary rivers, streams, sloughs, ponds

and lakes which contribute to the

supply of the watershed.

Drift gill net means a drifting gill net

that has not been intentionally staked,

anchored or otherwise fixed.

Federal lands means lands and waters

and interests therein the title to which

is in the United States.

Fishwheel means a fixed, rotating

device for catching fish which is driven

by river current or other means of

power.

Freshwater of streams and rivers

means the line at which freshwater is

separated from saltwater at the mouth of

streams and rivers by a line drawn

between the seaward extremities of the

exposed tideland banks at the present

stage of the tide.

Fyke net means a fixed, funneling

(fyke) device used to entrap fish.

Gear means any type of fishing

apparatus.

Gill net 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—bottomfish means any

marine fish except halibut, osmerids,

herring and salmonids.

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 freerunning line through one or more rings

attached to the lead line is not allowed.

Harvest Limit means the maximum

legal take per person or designated

group, per specified time period, even if

part or all of the fish are preserved.

Herring pound means an enclosure

used primarily to contain live herring

over extended periods of time.

Hung measure means the maximum

length of the cork line when measured

wet or dry with traction applied at one

end only.

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.

Lead means either a length of net

employed for guiding fish into a seine,

set gill net, or other length of net, or a

length of fencing employed for guiding

fish into a fishwheel, fyke net or dip net.

Long line means either a stationary,

buoyed, or anchored line, or a floating,

free-drifting line with lures or baited

hooks attached.

Possession limit means the maximum

number of fish a person or designated

group may have in possession if the fish

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.

Purse seine means a floating net

which is designed to surround fish and

which can be closed at the bottom by

means of a free-running line through

one or more rings attached to the lead

line.

Ring net means a bag-shaped net

suspended between no more than two

frames; the bottom frame may not be

larger in perimeter than the top frame;

the gear must be nonrigid and

collapsible so that free movement of fish

or shellfish across the top of the net is

not prohibited when the net is

employed.

Rockfish means all species of the

genus Sebastes.

Rod and reel means either a device

upon which a line is stored on a fixed

or revolving spool and is deployed

through guides mounted on a flexible

pole, or a line that is attached to a pole.

Salmon means the following species:

pink salmon (Oncorhynchus gorbusha);

sockeye salmon (Oncorhynchus nerka);

chinook salmon (Oncorhynchus

tshawytscha); coho salmon

(Oncorhynchus kisutch); and chum

salmon (Oncorhynchus keta).

Salmon stream means any stream

used by salmon for spawning or for

travelling to a spawning area.

Salmon stream terminus means a line

drawn between the seaward extremities

of the exposed tideland banks of any

salmon stream at mean lower low water.

Set gill net means a gill net that has

been intentionally set, staked, anchored,

or otherwise fixed.

Shovel means a hand-operated

implement for digging clams or cockles.

Spear means a shaft with a sharp

point or fork-like implement attached to

one end which is used to thrust through

the water to impale or retrieve fish and

which is operated by hand.

Take or Taking means to pursue,

hunt, shoot, trap, net capture, collect,

kill, harm, or attempt to engage in any

such conduct.

To operate fishing gear means any of

the following: the deployment of gear in

the waters of Alaska; the removal of gear

from the waters of Alaska; the removal

of fish or shellfish from the gear during

an open season or period; or the

possession of a gill net containing fish

during an open fishing period, except

that a gill net which is completely clear

of the water is not considered to be

operating for the purposes of minimum

distance requirement.

Trawl means a bag-shaped net towed

through the water to capture fish or

shellfish.

Trout means the following species:

cutthroat trout (Oncorhynchus clarki)

and rainbow trout or steelhead trout

(Oncorhynchus mykiss).

(c) Methods, means, and general

restrictions. (1) Unless otherwise

specified in this section or under terms

of a required subsistence fishing permit,

the following are legal types of gear for

subsistence fishing:

(i) A set gillnet;

(ii) A drift gillnet;

(iii) A purse seine;

(iv) A beach seine;

(v) Troll gear;

(vi) A fish wheel;
66238 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

(vii) A trawl;

(viii) A pot;

(ix) A ring net;

(x) A longline;

(xi) A fyke net;

(xii) A lead;

(xiii) A herring pound;

(xiv) A dip net;

(xv) Jigging gear;

(xvi) A mechanical jigging machine;

(xvii) A handline;

(xviii) A rod and reel; and

(xix) A spear.

(2) All pots used to take fish must

contain an opening on the webbing of a

sidewall of the pot which has been

laced, sewn, or secured together by

untreated cotton twine or other natural

fiber no larger than 120 thread which

upon deterioration or parting of the

twine produces an opening in the web

with a perimeter equal to or exceeding

one-half of the tunnel eye opening

perimeter.

(3) Gill nets used for subsistence

fishing for salmon may not exceed 50

fathoms in length, unless otherwise

specified by regulations for particular

areas set forth in this section. The gill

net web must contain at least 30

filaments of equal diameter or at least 6

filaments, each of which must be at least

0.20 millimeter in diameter.

(4) Any fishing gear used to take fish

for subsistence uses may not obstruct

more than one-half the width of any

stream. A stationary fishing device may

obstruct not more than one-half the

width of any stream.

(5) The use of live non-indigenous

fish as bait is prohibited.

(6) Each fishwheel must have the first

initial, last name, and address of the

operator plainly and legibly inscribed

on the side of the fishwheel facing

midstream of the river.

(7) Kegs or buoys attached to any

permitted gear may be any color but red.

(8) Each keg, buoy, stakes attached to

gill nets, stakes identifying gear fished

under the ice, and any other unattended

fishing gear which a person employs to

take fish for subsistence uses must have

the first initial, last name, and address

of the operator plainly and legibly

inscribed.

(9) No person may use explosives or

chemicals to take fish for subsistence

uses.

(10) No person may take fish for

subsistence uses within 300 feet of any

dam, fish ladder, weir, culvert or other

artificial obstruction, unless otherwise

indicated.

(11) The limited exchange for cash of

subsistence-harvested fish, their parts,

or their eggs, legally taken under

Federal subsistence management

regulations to support personal and

family needs is permitted as customary

trade, so long as it does not constitute

a significant commercial enterprise. The

Board may recognize regional

differences and define customary trade

differently for separate regions of the

State.

(12) Subsistence-taken fish, their

parts, or their eggs may not be

purchased for use in a significant

commercial enterprise. Persons licensed

by the State of Alaska to engage in a

fisheries business may not receive for

resale or barter or solicit to barter for

subsistence-taken fish, their parts or

their eggs.

(13) Except as provided elsewhere in

this subpart, the taking of rainbow trout

and steelhead trout is prohibited.

(14) Fish taken for subsistence use or

under subsistence regulations may not

be subsequently used as bait for

commercial or sport fishing purposes.

(15) Harvest limits authorized in this

section or §ll.27 may not be

accumulated with harvest limits

authorized in State seasons.

(16) Unless specified otherwise in this

section, use of a rod and reel to take fish

is permitted without a subsistence

fishing permit. Harvest limits applicable

to the use of a rod and reel to take fish

for subsistence uses shall be as follows:

(i) Where a subsistence fishing permit

issued by the ADF&G is required by this

section, that permit is required to take

fish for subsistence uses with rod and

reel. The harvest and possessions limits

for taking fish for subsistence uses with

a rod and reel in those areas are the

same as indicated on the ADF&G permit

issued for subsistence fishing with other

gear types;

(ii) Where a subsistence fishing

permit is not required by this section,

the harvest and possession limits for

taking fish for subsistence uses with a

rod and reel is the same as for taking

fish under State of Alaska subsistence

fishing regulations in those same areas.

If the State does not have a specific

subsistence season for that particular

species, the limit shall be the same as

for taking fish under State of Alaska

sport fishing regulations.

(17) Unless restricted in this section,

or unless restricted under the terms of

a subsistence fishing permit, fish for

subsistence uses may be taken at any

time.

(18) Fish or their parts taken in

violation of Federal law may not be

possessed, transported, given, received

or bartered.

(d) Fishing by designated fishing

permit. (1) Any species of fish that may

be taken by subsistence fishing under

this part may be taken under a

designated harvest permit.

(2) A Federally-qualified subsistence

user (recipient) may designate another

Federally-qualified subsistence user to

take fish on his or her behalf. The

designated fisherman must obtain a

designated fishing permit prior to

attempting to harvest fish and must

return a completed harvest report. The

designated fisherman may fish for any

number of recipients but may have no

more than two harvest limits in his/her

possession at any one time.

(3) The designated fisherman must

have in possession a valid designated

fishing permit when taking, attempting

to take, or transporting fish taken under

this section, on behalf of a beneficiary.

(4) a person may not fish with more

than one legal limit of gear as

established by this section.

(5) A beneficiary may not designate

more than one person to take or attempt

to take fish on the beneficiary’s behalf

at one time. A beneficiary may not

personally take or attempt to take fish at

the same time that a designated

fisherman is taking or attempting to take

fish on behalf of a beneficiary.

(e) Fishing permits and reports. If a

subsistence fishing permit is required by

this section, the following permit

conditions apply unless otherwise

specified in this section:

(1) The number of fish taken for

subsistence use may not exceed the

limits sout in the permit;

(2) The permit must be obtained prior

to fishing;

(3) The permit must be in the

possession of the permittee and readily

available for inspection while fishing or

transporting subsistence-taken fish;

(4) If specified on the permit, the

permittee shall keep accurate daily

records of the catch, showing the

number of fish taken by species,

location and date of catch, and other

such information as may be required for

management or conservation purposes;

and

(5) If the return of catch information

necessary for management and

conservation purposes is required by a

fishing permit, a permittee who fails to

comply with such reporting

requirements is ineligible to receive a

subsistence permit for that activity

during the following calendar year,

unless the permit applicant

demonstrates that failure to report was

due to loss in the mail, accident,

sickness, or other unavoidable

circumstances.

(f) Relation to commercial fishing

activities. (1) Federally-qualified

subsistence users who commercial fish

may retain fish for their subsistence

purposes from their lawfully-taken

commercial catch.
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66239

(2) No person, when participating in

a commercial and subsistence fishery at

the same time, may use an amount of

combined fishing gear in excess of that

allowed under the appropriate

commercial fishing regulations. (g) No person may possess or

transport subsistence-taken fish or their

parts which have been taken contrary to

Federal law or regulation or State law or

regulation (unless superseded by

regulations in this part). (h) Fishery management area

restrictions.—(1) Kotzebue-Northern

Area. The Kotzebue-Northern Area

includes all waters of Alaska north of

the latitude of the westernmost tip of

Cape Prince of Wales and west of 141°

West longitude, including those waters

draining into the Chukchi Sea and

Arctic Oceans.

(i) Fish may be taken for subsistence

purposes without a permit. (ii) Salmon may be taken only by gill

nets, beach seines, or a rod and reel.

(iii) Fish may be taken for subsistence

purposes without a subsistence fishing

permit. (iv) In the Kotzebue District, gill nets

used to take sheefish may not be more

than 50 fathoms in length, nor more

than 12 meshes in depth, nor have a

mesh size larger than 7 inches. (v) In the Kotzebue District, the

Noatak River one mile upstream and

one mile downstream from the mouth of

the Kelly River, and the Kelly River

from its mouth to 1⁄4 mile upstream are

closed to subsistence char fishing from

June 1 through September 20. (2) Norton Sound-Port Clarence Area.

The Norton Sound-Port Clarence Area

includes all waters of Alaska between

the latitude of the westernmost tip of

Cape Prince of Wales and the latitude of

Canal Point light, including those

waters of Alaska surrounding St.

Lawrence Island and those waters

draining into the Bering Sea. (i) In the Port Clarence District, fish

may be taken at any time except that

during the period July 1 through August

15, salmon may only be taken from 6:00

p.m. Thursday until 6:00 p.m. Tuesday. (ii) In the Norton Sound District, fish

may be taken at any time except as

follows:

(A) In Subdistricts 2 through 6,

commercial fishermen may not fish for

subsistence purposes during the weekly

closures of the commercial salmon

fishing season, except that from July 15

through August 1, commercial

fishermen may take salmon for

subsistence purposes seven days per

week in the Unalakleet and Shaktoolik

River drainages with gillnets which

have a mesh size that does not exceed

41⁄2 inches, and with beach seines;

(B) In the Unalakleet River from June

1 through July 15, salmon may be taken

only from 8:00 a.m. Monday until 8:00

p.m. Saturday. (iii) Salmon may be taken only by gill

nets, beach seines, fishwheel, or a rod

and reel.

(iv) In Subdistrict 1, only set gillnets

may be used, except as otherwise

specified. (v) In the Unalakleet River from June

1 through July 15, no person may

operate more than 25 fathoms of gillnet

in the aggregate and no person may

operate an unanchored fishing net. (vi) In the Norton Sound District, fish

may not be taken for subsistence

purposes seaward of the mouth of the

Unalakleet River in an area between

ADF&G regulatory markers on each side

of the river to an outer line established

by ADF&G regulatory markers and

buoys. (vii) Fish may be taken for subsistence

purposes without a subsistence fishing

permit. (3) Yukon Area. The Yukon Area

includes all waters of Alaska between

the latitude of Canal Point light and the

latitude of the westernmost point of

Naskonat Peninsula, including those

draining into the Bering Sea. (i) Unless otherwise restricted in this

section, salmon may be taken in the

Yukon Area at any time. (ii) In the following locations, salmon

may be taken only during the open

weekly fishing periods of the

commercial salmon fishing season and

may not be taken for 24 hours before the

opening and 24 hours after the closure

of the commercial salmon fishing

season:

(A) District 4, excluding the Koyukuk

and Innoko River drainages; (B) in Subdistricts 4–B and 4–C from

June 15 through September 30, salmon

may be taken from 6:00 p.m. Sunday

until 6:00 p.m. Tuesday and from 6:00

p.m. Wednesday until 6:00 p.m. Friday; (C) District 6, excluding the Kantishna

River drainage. (iii) During any commercial salmon

fishing season closure of greater than

five days in duration, salmon may not

be taken during the following periods in

the following districts: (A) In District 4, excluding the

Koyukuk and Innoko River drainages,

salmon may not be taken from 6:00 p.m.

Friday until 6:00 p.m. Sunday; (B) In Subdistricts 6–A and 6–B,

excluding the Kantishna River drainage

and that portion of the Tanana River

drainage upstream of the mouth of the

Salcha River, salmon may not be taken

from 6:00 p.m. Wednesday until 6:00

p.m. Friday. (iv) Except as provided in this section,

and except as may be provided by the

terms of a subsistence fishing permit,

there is no closed season on fish other

than salmon.

(v) In Districts 1, 2, 3, and Subdistrict

4–A, salmon may not be taken for

subsistence purposes:

(A) During the 24 hours immediately

before the opening of the commercial

salmon fishing season; and

(B) 18 hours immediately before,

during, and 12 hours after each weekly

fishing period of the commercial salmon

fishing season.

(vi) In the upper Yukon River

drainage, Birch Creek, the Dall River

from June 10–September 10, and within

500 feet of their mouths are closed to

subsistence fishing, except that

whitefish and suckers may be taken

under the authority of a subsistence

fishing permit.

(vii) The following drainages located

north of the main Yukon River are

closed to subsistence fishing:

(A) Kanuti River upstream from a

point five miles downstream of the state

highway crossing;

(B) Fish Creek upstream from the

mouth of Bonanza Creek;

(C) Middle Fork of the Koyukuk River

system upstream from the mouth of the

North Fork; and

(D) North Fork of the Chandalar River

system upstream from the mouth of

Quartz Creek.

(viii) Salmon may be taken only by

gillnet, beach seine or fish wheel,

subject to the restrictions set forth in

this section.

(ix) In District 4, commercial

fishermen may not take salmon for

subsistence purposes during the

commercial salmon fishing season using

gillnets larger than six-inch mesh after

a date specified by ADF&G emergency

order issued between July 10 and July

31.

(x) In Districts 4, 5, and 6, salmon

may not be taken for subsistence

purposes by drift gillnets, except as

follows:

(A) In Subdistrict 4–A upstream from

the mouth of Stink Creek, king salmon

may be taken by drift gillnets from June

21 through July 14, and chum salmon

may be taken by drift gillnets after

August 2;

(B) In Subdistrict 4–A downstream

from the mouth of Stink Creek, king

salmon may be taken by drift gillnets

from June 15 through July 14; and

(C) No person may operate a drift

gillnet that is more than 150 feet in

length during the seasons described in

paragraphs (h)(3)(x)(A) and (B) of this

section.

(xi) Unless otherwise specified in this

section, fish other than salmon may be

taken subject to the following
66240 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

restrictions, which also apply to

subsistence salmon fishing:

(A) During the open weekly fishing

periods of the commercial salmon

fishing season, a commercial fisherman

may not operate more than one type of

gear at a time, for commercial and

subsistence purposes;

(B) The aggregate length of set gillnet

in use by an individual may not exceed

150 fathoms and each drift gillnet in use

by an individual may not exceed 50

fathoms in length; and

(C) In Districts 4, 5, and 6, it is

unlawful to set subsistence fishing gear

within 200 feet of other operating

commercial or subsistence fishing gear

except that, at the site approximately

one mile upstream from Ruby on the

south bank of the Yukon River between

ADF&G regulatory markers containing

the area known locally as the ‘‘Slide,’’

subsistence fishing gear may be set

within 200 feet of other operating

commercial or subsistence fishing gear.

(xii) In District 4, from September 21

through May 15, jigging gear may be

used from shore ice.

(xiii) Except as provided in this

section, fish may be taken for

subsistence purposes without a

subsistence fishing permit.

(xiv) A subsistence fishing permit is

required as follows:

(A) For the Yukon River drainage

from ADF&G regulatory markers placed

near the upstream mouth of 22 Mile

Slough upstream to the U.S.-Canada

border;

(B) For whitefish and suckers in Birch

Creek, Dall River from June 10–

September 10, and within 500 feet of

their mouths;

(C) For the taking of salmon in

Subdistricts 6–A and 6–B.

(xv) Only one subsistence fishing

permit will be issued to each household

per year.

(xvi) Permits issued for the taking of

salmon in Subdistricts 6–A and 6–B

must also contain the following

requirements:

(A) Salmon may be taken only by set

gillnet or fish wheel. No household may

operate more than one fish wheel;

(B) Each subsistence fisherman shall

keep accurate daily records of his or her

catch, the number of fish taken by

species, location and date of the catch,

and other information that the

department may require for

management or conservation purposes;

(C) The annual harvest limit for the

holder of a Subdistrict 6–A or 6–B

subsistence salmon fishing permit is 60

chinook salmon and 500 chum salmon

for the period through August 15 of a

year, and 2,000 chum and coho salmon

combined for the period after August 15;

(D) Unless otherwise provided, from

June 20 through September 30, open

subsistence salmon fishing periods are

concurrent with open commercial

salmon fishing periods. During closures

of the commercial salmon fishery, open

subsistence salmon fishing periods will

be identified by ADF&G;

(E) In the Kantishna River drainage,

the open subsistence salmon fishing

periods are seven days per week.

(xvii) In Districts 1, 2, and 3, no

person may possess king salmon taken

for subsistence purposes unless the

dorsal fin has been removed

immediately after landing.

(xviii) A commercial salmon permit

holder registered for the setnet only

locations may not use drift gillnets for

the subsistence taking of salmon in

Districts 1, 2, and 3.

(xix) A commercial salmon fisherman

who is registered for District 1, 2, or 3

may not take salmon for subsistence

purposes in any other district located

downstream from Old Paradise Village.

(4) Kuskokwim Area. The Kuskokwim

Area consists of all waters of Alaska

between the latitude of the westernmost

point of Naskonat Peninsula and the

latitude of the southernmost tip of Cape

Newenham, including the waters of

Alaska surrounding Nunivak and St.

Matthew Islands and those waters

draining into the Bering Sea.

(i) Unless otherwise restricted in this

section, fish may be taken in the

Kuskokwim Area at any time without a

subsistence fishing permit.

(ii) In District 1 and in those waters

of the Kuskokwim River between

Districts 1 and 2, excluding the

Kuskokuak Slough, salmon may not be

taken for 16 hours before, during, and

for six hours after, each open

commercial salmon fishing period for

District 1.

(iii) In District 1, Kuskokuak Slough

only from June 1 through July 31,

salmon may not be taken for 16 hours

before and during each open

commercial salmon fishing period in the

district.

(iv) In Districts 4 and 5, from June 1

through September 8, salmon may not

be taken for 16 hours before, during, and

6 hours after each open commercial

salmon fishing period in each district.

(v) In District 2, and anywhere in

tributaries that flow into the

Kuskokwim River within that district,

from June 1 through September 8

salmon may not be taken for 16 hours

before, during, and six hours after each

open commercial salmon fishing period

in the district.

(vi) The Kanektok River is closed to

the subsistence taking of fish by nets

upstream of ADF&G regulatory markers

placed near the mouth 16 hours before,

during, and six hours after each open

commercial salmon fishing period.

(vii) The Arolik River is closed to the

subsistence taking of fish by nets

upstream of ADF&G regulatory markers

placed near the mouth 16 hours before,

during, and six hours after each open

commercial salmon fishing period.

(viii) Salmon may be taken only by

gillnet, beach seine, or fish wheel

subject to the restrictions set out in this

section, except that salmon may also be

taken by spear in the Holitna River

drainage, Kanektok River drainage, and

Arolik River drainage.

(ix) The aggregate length of set gillnets

or drift gillnets in use by any individual

for taking salmon may not exceed 50

fathoms.

(x) Each subsistence gillnet operated

in tributaries of the Kuskokwim River

must be attached to the bank, fished

substantially perpendicular to the bank

and in a substantially straight line.

(xi) In that portion of the Kuskokwim

River drainage from the north end of

Eek Island upstream to the mouth of the

Kolmakoff River, no part of a set gillnet

located within a tributary to the

Kuskokwim River may be set or

operated within 150 feet of any part of

another set gillnet.

(xii) The maximum depth of gillnets

is as follows:

(A) Gillnets with six-inch or smaller

mesh may not be more than 45 meshes

in depth;

(B) Gillnets with greater than six-inch

mesh may not be more than 35 meshes

in depth.

(xiii) Subsistence set and drift gillnets

operated in Whitefish Lake in the Ophir

Creek drainage may not exceed 15

fathoms in length.

(xiv) A person may not operate more

than one subsistence set or drift gillnet

at a time in Whitefish Lake in the Ophir

Creek drainage. A person operating a

subsistence set or drift gillnet shall

check the net at least once every 24

hours.

(xv) Rainbow trout may be taken by

residents of Goodnews Bay, Platinum.

Quinhagak, Eek, Kwethluk, Akiachak,

and Akiak, subject to the following

restrictions:

(A) Rainbow trout may be taken only

by the use of gill nets, rod and reel, or

jigging through the ice;

(B) The use of gill nets for taking

rainbow trout is prohibited from March

15–June 15.

(5) Bristol Bay Area. The Bristol Bay

Area includes all waters of Bristol Bay

including drainages enclosed by a line

from Cape Newenham to Cape

Menshikof.
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66241

(i) Unless restricted in this section, or

unless under the terms of a subsistence

fishing permit, fish, may be taken at any

time in the Bristol Bay area.

(ii) In all commercial salmon districts,

from May 1 through May 31 and

October 1 through October 31,

subsistence fishing for salmon is

permitted from 9:00 a.m. Monday until

9:00 a.m. Friday. From June 1 through

September 30, within the waters of a

commercial salmon district, salmon may

be taken only during open commercial

salmon fishing periods.

(iii) In the Egegik, and Ugashik Rivers

from 9:00 a.m. June 23 through 9:00 a.m.

July 17, salmon may be taken only from

9:00 a.m. Tuesday to 9:00 a.m.

Wednesday and 9:00 a.m. Saturday to

9:00 a.m. Sunday.

(iv) Except for the western shore of

the Newhalen River, waters within 300

feet of a stream mouth used by salmon

are closed to the subsistence taking of

fish.

(v) Within any district, salmon,

herring, and capelin may be taken only

by drift and set gillnets.

(vi) Gillnets are prohibited in that

portion of the Naknek River upstream

from Savonaski.

(vii) Outside the boundaries of any

district, salmon may only be taken by

set gillnet, except that salmon may also

be taken by spear in the Togiak River

excluding its tributaries.

(viii) The maximum lengths for set

gillnets used to take salmon are as

follows:

(A) Set gillnets may not exceed 10

fathoms in length in the Egegik and

Ugashik Rivers, in the Nushagak District

during the emergency order subsistence

openings; in Naknek Lake;

(B) In the remaining waters of the

area, set gillnets may not exceed 25

fathoms in length.

(ix) In the Nushagak District, during

special subsistence openings, no set

gillnet may be set or operated within

450 feet of another set gillnet.

(x) No part of a set gillnet may be

operated within 300 feet of any part of

another set gillnet.

(xi) Each set gillnet must be staked

and buoyed.

(xii) No person may operate or assist

in operating subsistence salmon net gear

while simultaneously operating or

assisting in operating commercial

salmon net gear.

(xiii) Salmon, trout and char may only

be taken under authority of a

subsistence fishing permit.

(xiv) Only one subsistence fishing

permit may be issued to each household

per year.

(xv) After August 20, no person may

possess coho salmon for subsistence

purposes in the Togiak River section

and the Togiak River drainage unless

the head has been immediately removed

from the salmon.

(6) Aleutian Islands Area. The

Aleutian Islands Area includes all

waters of Alaska west of the longitude

of the tip of Cape Sarichef, east of 172°

East longitude, and south of 54° 36′

North latitude.

(i) Fish, other than salmon, rainbow

trout, and steelhead trout, may be taken

at any time unless restricted under the

terms of a subsistence fishing permit.

Rainbow trout and steelhead trout,

taken incidentally in other subsistence

finfish net fisheries are lawfully taken

and may be retained for subsistence

purposes.

(ii) In the Unalaska District, salmon

may be taken for subsistence purposes

from 6:00 a.m. until 9:00 p.m. from

January 1 through December 31, except:

(A) That from June 1 through

September 15, a salmon seine vessel

may not be used to take salmon for

subsistence 24 hours before, during, or

24 hours after an open commercial

salmon fishing period within a 50-mile

radius of the area open to commercial

salmon fishing;

(B) That from June 1 through

September 15, a purse seine vessel may

be used to take salmon only with a

gillnet and no other type of salmon gear

may be on board the vessel while

subsistence fishing; or

(C) As may be specified on a

subsistence fishing permit.

(iii) In the Akutan and Umnak

Districts, salmon may be taken at any

time.

(iv) The waters of Unalaska Lake (at

Unalaska Village), its drainages and the

outlet stream and within 500 yards of its

terminus are closed to subsistence

fishing.

(v) The Adak District is closed to the

taking of salmon.

(vi) Salmon may be taken by seine

and gillnet, or with gear specified on a

subsistence fishing permit.

(vii) Fish other than salmon may be

taken by gear listed in this part unless

restricted under the terms of a

subsistence fishing permit.

(viii) Salmon, trout and char may only

be taken under the terms of a

subsistence fishing permit, except that a

permit is not required in the Akutan,

Umnak and Adak Districts.

(ix) Not more than 250 salmon may be

taken for subsistence purposes unless

otherwise specified on the subsistence

fishing permit except that in the

Unalaska District, the holder of a

subsistence salmon fishing permit may

take no more than 25 salmon plus an

additional 25 salmon for each member

of the same household whose name is

listed on the permit.

(x) A record of subsistence-caught fish

must be kept on the reverse side of the

permit. The record must be completed

immediately upon taking subsistencecaught fish and must be returned no

later than October 31.

(7) Alaska Peninsula Area. The

Alaska Peninsula Area includes all

Pacific Ocean waters of Alaska between

a line extending southeast (135°) from

the tip of Kupreanof Point and the

longitude of the tip of Cape Sarichef,

and all Bering Sea waters of Alaska east

of the latitude of the tip of Cape

Menshikof.

(i) Fish, other than salmon, rainbow

trout and steelhead trout, may be taken

at any time unless restricted by the

terms of a subsistence fishing permit.

Rainbow trout and steelhead trout,

taken incidentally in other subsistence

finfish net fisheries or through the ice,

are lawfully taken and may be retained

for subsistence purposes.

(ii) Salmon, trout and char may only

be taken under the authority of a

subsistence fishing permit.

(iii) A record of subsistence-caught

fish must be kept on the reverse side of

the permit. The record must be

completed immediately upon taking

subsistence-caught fish and must be

returned to the local representative of

the department no later than October 31.

(iv) Salmon may be taken at any time

except within 24 hours before and

within 12 hours following each open

weekly commercial salmon fishing

period within a 50-mile radius of the

area open to commercial salmon fishing,

or as may be specified on a subsistence

fishing permit.

(v) The following waters are closed to

subsistence fishing for salmon:

(A) Russell Creek and Nurse Lagoon

and within 500 yards outside the mouth

of Nurse Lagoon;

(B) Trout Creek and within 500 yards

outside its mouth;

(C) Inshore of a line from the Pacific

Pearl Dock to Black Point, including the

inlet and Humboldt Creek.

(vi) Salmon may be taken by seine,

gill net, rod and reel, or with gear

specified on a subsistence fishing

permit.

(vii) Fish other than salmon may be

taken by gear listed in this part unless

restricted under the terms of a

subsistence fishing permit.

(viii) No set gillnet may exceed 100

fathoms in length.

(ix) Not more than 250 salmon may be

taken for subsistence purposes unless

otherwise specified on the subsistence

fishing permit.
66242 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

(8) Chignik Area. The Chignik Area

includes all waters of Alaska on the

south side of the Alaska Peninsula

enclosed by 156° 21′ 13′′ West longitude

(the longitude of the southern entrance

to Imuya Bay near Kilokak Rocks) and

a line extending southeast (135°) from

the tip of Kupreanof Point.

(i) Fish, other than rainbow trout and

steelhead trout, may be taken at any

time, except as may be specified by a

subsistence fishing permit. Rainbow

trout and steelhead trout, taken

incidentally in other subsistence finfish

net fisheries, are lawfully taken and may

be retained for subsistence purposes.

(ii) Salmon may not be taken in the

Chignik River, upstream from the

ADF&G weir site or counting tower, in

Black Lake, or any tributary to Black

and Chignik Lakes.

(iii) Salmon may be taken by seines,

gill nets, rod and reel, or with gear

specified on a subsistence fishing

permit, except that in Chignik Lake

salmon may not be taken with purse

seines.

(iv) Fish other than salmon may be

taken by gear listed in this part unless

restricted under the terms of a

subsistence fishing permit.

(v) Salmon, trout and char may only

be taken under the authority of a

subsistence fishing permit.

(vi) Not more than 250 salmon may be

taken for subsistence purpose unless

otherwise specified on the subsistence

fishing permit.

(vii) A record of subsistence-caught

fish must be kept on the reverse side of

the permit. The record must be

completed immediately upon taking

subsistence-caught fish and must be

returned no later than October 31.

(viii) From 48 hours before the first

commercial salmon fishing opening in

the Chignik Area through September 30,

a commercial fishing license holder may

not subsistence fish for salmon.

(9) Kodiak Area. The Kodiak Area

includes all waters of Alaska south of a

line extending east from Cape Douglas

(58° 52′ N. lat.), west of 150° W. long.,

north of 55° 30′ N. lat.; and east of the

longitude of the southern entrance of

Imuya Bay near Kilokak Rocks (156° 20′

13′′ W. long.).

(i) Fish, other than salmon, rainbow

trout and steelhead trout, may be taken

at any time unless restricted by the

terms of a subsistence fishing permit.

Rainbow trout and steelhead trout,

taken incidentally in other subsistence

finfish net fisheries, are lawfully taken

and may be retained for subsistence

purposes.

(ii) Salmon may be taken for

subsistence purposes 24 hours a day

from January 1 through December 31,

with the following exceptions:

(A) From June 1 through September

15, salmon seine vessels may not be

used to take subsistence salmon for 24

hours before, during, and for 24 hours

after any open commercial salmon

fishing period;

(B) From June 1 through September

15, purse seine vessels may be used to

take salmon only with gillnets and no

other type of salmon gear may be on

board the vessel.

(iii) The following locations are

closed to the subsistence taking of

salmon:

(A) All freshwater systems of Little

Afognak River and Portage Creek

drainage in Discoverer Bay;

(B) All waters closed to commercial

salmon fishing in Anton Larsen Bay and

all waters closed to commercial salmon

fishing within 100 yards of the terminus

of Selief Bay Creek and north and west

of a line from the tip of Last Point to the

tip of River Mouth Point in Afognak

Bay;

(C) All waters 300 yards seaward of

the terminus of Monks Creek;

(D) From August 15 through

September 30, all waters 500 yards

seaward of the terminus of Little Kitoi

Creek;

(E) All freshwater systems of Afognak

Island.

(iv) Salmon may only be taken by gill

net, rod and reel, or seine.

(v) Subsistence fishermen must be

physically present at the net at all times

the net is being fished.

(vi) A subsistence fishing permit is

required for taking salmon, trout, and

char for subsistence purposes. A

subsistence fishing permit is required

for taking herring and bottomfish for

subsistence purposes during the

commercial herring sac roe season from

April 15 through June 30.

(vii) A subsistence salmon fishing

permit allows the holder to take 25

salmon plus an additional 25 salmon for

each member of the same household

whose names are listed on the permit.

An additional permit may be obtained if

it can be shown that more fish are

needed.

(viii) All subsistence fishermen shall

keep a record of the number of

subsistence fish taken each year. The

number of subsistence fish taken shall

be recorded on the reverse side of the

permit. The record must be completed

immediately upon landing subsistencecaught fish, and must be returned by

February 1 of the year following the year

the permit was issued.

(10) Cook Inlet Area. The Cook Inlet

Area includes all waters of Alaska

enclosed by a line extending east from

Cape Douglas (58° 52′ N. lat.) and a line

extending south from Cape Fairfield

(148° 40′ W. long.).

(i) Unless restricted in this section, or

unless restricted under the terms of a

subsistence fishing permit, fish, other

than rainbow trout and steelhead trout,

may be taken at any time in the Cook

Inlet Area. Rainbow trout and steelhead

trout, taken incidentally in other

subsistence finfish net fisheries and

through the ice, are lawfully taken and

may be retained for subsistence

purposes.

(ii) Salmon may be taken for

subsistence purposes only as follows: no

part of a set gillnet may be set or

operated within 600 feet of any part of

another set gill-net.

(iii) No person may operate or assist

in the operation of subsistence salmon

net gear on the same day that person

operates or assists in the operation of

commercial salmon gear.

(iv) Bottomfish may be taken by legal

gear for commercial bottomfish fishing

in the area.

(v) Herring may be taken only with

gill nets. Gill nets used to take herring

may not exceed 50 feet in length and 2

inches in mesh size.

(vi) Gill nets may not be used in fresh

water.

(vii) Dolly Varden may be taken in

fresh water only by beach seines not

exceeding 10 fathoms in length.

(viii) Salmon may be taken only under

the authority of a subsistence fishing

permit issued by ADF&G; only one

permit may be issued to a household

each year. A subsistence fishing permit

holder shall record daily salmon catches

on forms provided by ADF&G.

(ix) Whitefish may not be taken.

(x) Dolly Varden may be taken in

fresh water only under the authority of

a subsistence fishing permit issued by

ADF&G; only one permit may be issued

to a household each year. A subsistence

fishing permit holder shall record daily

Dolly Varden catches on forms provided

by ADF&G.

(xi) No person may possess salmon

taken under the authority of a

subsistence fishing permit unless both

lobes of the caudal fin (tail) have been

immediately removed from the salmon.

(xii) The total annual possession limit

for each subsistence salmon fishing

permit is as follows:

(A) 25 salmon for the head of a

household and 10 salmon for each

dependent of the permit holder;

(B) In addition to the limits in

paragraph (h)(10)(xii)(A) of this section,

the holder of a Tyonek Subdistrict

subsistence salmon fishing permit may

take 70 king salmon.
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66243

(xiii) In the subsistence taking of

smelt there are no harvest or possession

limits and smelt may be taken only with

dip nets or gill nets:

(A) In salt water from April 1 through

May 31 and September 1 through

October 30;

(B) In fresh water from April 1

through June 15;

(C) No gillnet fished in salt water may

exceed 50 feet in length and two inches

in mesh size;

(D) No gillnet fished in fresh water

may exceed 20 feet in length and two

inches in mesh size;

(E) Each gillnet must be attended by

the fisherman at all times when it is

being used to take fish.

(11) Prince William Sound Area. The

Prince William Sound Area includes all

waters of Alaska between the longitude

of Cape Fairfield and the longitude of

Cape Suckling.

(i) Unless restricted in this section or

unless restricted under the terms of a

subsistence fishing permit, fish, other

than rainbow trout and steelhead trout,

may be taken at any time in the Prince

William Sound Area.

(ii) Salmon may be taken in the Upper

Copper River District only as follows:

(A) In the Glennallen Subdistrict,

from June 1 through September 30;

(B) The Chitina Subdistrict is closed

to subsistence salmon fishing.

(iii) Rainbow trout and steelhead trout

taken incidentally in other subsistence

finfish net fisheries are lawfully taken

and may be retained for subsistence

purposes.

(iv) All tributaries of the Copper River

and waters of the Copper River not in

the Upper Copper River District are

closed to the taking of salmon.

(v) Salmon, other than chinook

salmon, may be taken in the vicinity of

the former Native village of Batzulnetas

under the following conditions:

(A) Salmon may be taken only under

the authority of a Batzulnetas

subsistence salmon fishing permit;

(B) Salmon may be taken only in

those waters of the Copper River

between ADF&G regulatory markers

located near the mouth of Tanada Creek

and approximately one-half mile

downstream from that mouth and in

Tanada Creek between ADF&G

regulatory markers identifying the open

waters of the creek;

(C) Fish wheels and dip nets only may

be used on the Copper River; dip nets

and spears only may be used in Tanada

Creek;

(D) Salmon may be taken only from

June 1 through September 1 or until the

season is closed; openings will be

established by the Board and will be

two days per week during the month of

June and 3.5 days per week for the

remainder of the season;

(E) Chinook salmon taken must be

released to the water unharmed; fish

wheels must be equipped with a livebox

or be monitored at all times;

(F) Annual harvest and possession

limits are as specified in this section;

(G) The permit must be returned no

later than September 30 of each year.

(vi) Salmon may not be taken in any

area closed to commercial salmon

fishing unless specifically permitted in

this section.

(vii) Fish may be taken by gear listed

in this part unless restricted in this

section or under the terms of a

subsistence fishing permit.

(viii) Salmon may be taken only by

the following types of gear:

(A) In the Glennallen Subdistrict by

fish wheels, rod and reel, or dip nets;

(B) In salt water by gill nets and

seines; and

(C) Fish wheels used for subsistence

fishing may not be rented, leased, or

otherwise used for personal gain.

Subsistence fish wheels must be

removed from the water at the end of

the permit period. Each permittee may

operate only one fish wheel at any one

time. No person may set or operate a

fish wheel within 75 feet of another fish

wheel. No fish wheel may have more

than two baskets.

(ix) A permit holder (permittee) must

personally operate the fish wheel or dip

net. A subsistence fish wheel or dip net

permit may not be loaned or transferred.

(x) A wood or metal plate at least 12

inches high by 12 inches wide, bearing

the permit holder’s name and address in

letters and numerals at least one inch

high, must be attached to each fish

wheel so that the name and address are

plainly visible.

(xi) Except as provided in this section,

fish other than salmon and freshwater

fish species may be taken for

subsistence purposes without a

subsistence fishing permit.

(xii) Salmon and freshwater fish

species may be taken only under

authority of a subsistence fishing

permit.

(xiii) Only one subsistence fishing

permit will be issued to each household

per year.

(xiv) A subsistence fishing permit for

the Upper Copper River District will be

issued only to residents of this state.

The following apply to Upper Copper

River District subsistence salmon

fishing permits:

(A) Only one type of gear may be

specified on a permit;

(B) Only one permit per year may be

issued to a household;

(C) Permits must be returned no later

than October 31, or a permit for the

following year may be denied;

(D) A household may not be issued

both a Copper River salmon fishing

permit and a Chitina Subdistrict salmon

fishing permit.

(xv) The total annual possession limit

for an Upper Copper River District

subsistence salmon fishing permit is as

follows:

(A) No more than a total of 200

salmon for a permit issued to a

household with one person, of which no

more than five may be chinook salmon

if taken by dip net;

(B) No more than a total of 500

salmon for a permit issued to a

household with two or more persons, of

which no more than five may be

chinook salmon if taken by dip net.

(xvi) A person may not possess

salmon taken under the authority of an

Upper Copper River District subsistence

fishing permit unless both lobes of the

caudal (tail) fin have been immediately

removed from the salmon.

(xvii) In locations open to commercial

salmon fishing, the annual subsistence

salmon limit is as follows:

(A) 15 salmon for a household of one

person;

(B) 30 salmon for a household of two

persons;

(C) 10 salmon for each additional

person in a household; and

(D) No more than five king salmon

may be taken per permit.

(12) Yakutat Area. The Yakutat Area

includes all waters of Alaska between

the longitude of Cape Suckling and the

longitude of Cape Fairweather.

(i) Unless restricted in this section or

unless restricted under the terms of a

subsistence fishing permit, fish may be

taken at any time in the Yakutat Area.

(ii) Salmon may not be taken during

the period commencing 48 hours before

an opening until 48 hours after the

closure of an open commercial salmon

net fishing season. This applies to each

river or bay fishery individually.

(iii) When the length of the weekly

commercial salmon net fishing period

exceeds two days in any Yakutat Area

salmon net fishery the subsistence

fishing period is from 6:00 a.m. to 6:00

p.m. on Saturday in that location.

(iv) In the Situk River, each

subsistence salmon fishing permit

holder shall attend his or her gill net at

all times when it is being used to take

salmon.

(v) Any gillnet nor seine used for

subsistence fishing may block up to

two-thirds of a stream.

(vi) Salmon, trout and char may only

be taken under authority of a

subsistence fishing permit.
66244 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

(vii) Salmon, trout, or char taken

incidentally by gear operated under the

terms of a subsistence permit for salmon

are legally taken and possessed for

subsistence purposes. The holder of a

subsistence salmon permit must report

any salmon, trout, or char taken in this

manner on his or her permit calendar.

(viii) Subsistence fishermen must

remove the dorsal fin from subsistencecaught salmon when taken.

(ix) No person may possess

subsistence-taken and sport-taken

salmon on the same day.

(13) Southeastern Alaska Area. The

Southeastern Alaska Area includes all

waters between a line projecting

southwest from the westernmost tip of

Cape Fairweather and Dixon Entrance.

(i) Unless restricted in this section or

under the terms of a subsistence fishing

permit, fish, other than rainbow trout

and steelhead trout, may be taken in the

Southeastern Alaska Area at any time.

(ii) Coho salmon may only be taken

from Salt Lake and Mitchell Bay from

August 1 through October 31. Only one

subsistence salmon fishing permit will

be issued for a household for the Salt

Lake and Mitchell Bay coho fishery.

(iii) From July 7 through July 31,

sockeye salmon may be taken in the

waters of Klawock Inlet enclosed by a

line from Klawock Light to the Klawock

Oil Dock, the Klawock River, and

Klawock Lake only from 8:00 a.m.

Monday until 5:00 p.m. Friday.

(iv) In District 15, saltwaters of Lynn

Canal including Chilkat and Chilkoot,

are closed to the subsistence taking of

salmon during closed periods of the

commercial salmon net fishery in the

district.

(v) Fish may be taken by gear listed

in this part except as may be restricted

under the terms of a subsistence fishing

permit and except as follows:

(A) In District 13, Redoubt Bay, gill

net or seine gear may not be used to take

salmon in any waters of the bay closed

to commercial salmon fishing;

(B) Beach seines, rod and reel, and

gaffs only may be used to take coho

salmon;

(C) Set gill nets may be used in Yes

Bay north of a line from Bluff Point to

Syble Point, except within 500 yards of

the terminus of Wolverine Creek; the

subsistence permit holder shall be

physically present at the gill net while

it is in operation.

(vi) Salmon, trout, and char may only

be taken under authority of a

subsistence fishing permit.

(vii) Permits will not be issued for the

taking of chinook or coho salmon,

except for coho salmon as provided in

this section, but chinook or coho salmon

taken incidentally by gear operated

under terms of a subsistence permit for

other salmon are legally taken and

possessed for subsistence purposes. The

holder of a subsistence salmon fishing

permit must report any chinook or coho

salmon taken in this manner on his or

her permit calendar.

(viii) In the Chilkat River, the

subsistence fishing permit holder shall

be physically present at the net while it

is fishing.

(ix) Salmon, trout, or char taken

incidentally by gear operated under the

terms of a subsistence permit for salmon

are legally taken and possessed for

subsistence purposes. The holder of a

subsistence salmon permit must report

any salmon, trout, or char taken in this

manner on his or her permit calendar.

(x) Subsistence fishermen shall

immediately remove the pelvic fins of

all salmon when taken.

(xi) No person may possess

subsistence-taken and sport-taken

salmon on the same day.

(xii) No permits for the use of nets

will be issued for the salmon streams

flowing across or adjacent to the road

systems of Petersburg, Wrangell, and

Sitka.

(xiii) In the waters of Klawock Inlet

enclosed by a line from Klawock Light

to the Klawock Oil Dock, no person may

subsistence salmon fish from a vessel

that is powered by a motor of greater

than 35 horsepower.

§ll.27 Subsistence taking of shellfish.

(a) Regulations in this section apply to

subsistence taking of dungeness crab,

king crab, tanner crab, shrimp, clams,

abalone, and other shellfish or their

parts.

(b) Shellfish may be taken for

subsistence uses at any time in any area

of the public lands by any method

unless restricted by the subsistence

fishing regulations of §ll.26 or this

section.

(c) Methods, means, and general

restrictions.

(1) The harvest limit specified in this

section for a subsistence season for a

species and the State harvest limit set

for a State season for the same species

are not cumulative. This means that a

person or designated group who has

taken the harvest limit for a particular

species under a subsistence season

specified in this section may not after

that, take any additional shellfish of that

species under any other harvest limit

specified for a State season.

(2) Unless otherwise provided in this

section, gear as specified in the

definitions of §ll.26 is legal for

subsistence taking of shellfish.

(3) It is prohibited to buy or sell

subsistence-taken shellfish, their parts,

or their eggs, unless otherwise specified.

(4) The use of explosives and

chemicals is prohibited, except that

chemical baits or lures may be used to

attract shellfish.

(5) Each subsistence fisherman shall

plainly and legibly inscribe their first

initial, last name and address on a keg

or buoy attached to unattended

subsistence fishing gear. Subsistence

fishing gear may not display a

permanent ADF&G vessel license

number. The keg or buoy may be any

color except red.

(6) A side wall of all subsistence

shellfish pots must contain an opening

with a perimeter equal to or exceeding

one-half of the tunnel eye opening

perimeter. The opening must be laced,

sewn, or secured together by untreated

cotton twine or other natural fiber no

larger than 120 thread. Dungeness crab

and shrimp pots may have the pot lid

tiedown straps secured to the pot at one

end by untreated cotton twine no larger

than 120 thread, as a substitute for the

above requirement.

(7) No person may mutilate or

otherwise disfigure a crab in any

manner which would prevent

determination of the minimum size

restrictions until the crab has been

processed or prepared for consumption.

(8) In addition to the marking

requirements in paragraph (c)(5) of this

section, kegs or buoys attached to

subsistence crab pots must also be

inscribed with the name or U.S. Coast

Guard number of the vessel used to

operate the pots.

(9) No more than five pots per person

and 10 pots per vessel may be used to

take crab, except as specified in

paragraph (f) of this section.

(10) In the subsistence taking of

shrimp in the Glacier Bay National

Preserve, no person may use more than

10 pots, and no more than 20 pots may

be operated from a vessel. In the

subsistence taking of shellfish other

than shrimp in the Glacier Bay National

Preserve, no person may operate more

than five pots of any type, and no more

than 10 pots of any type may be

operated from a vessel.

(d) Taking shellfish by designated

fishing permit. (1) Any species of

shellfish that may be taken by

subsistence fishing under this part may

be taken under a designated harvest

permit.

(2) A Federally-qualified subsistence

user (recipient) may designate another

Federally-qualified subsistence user to

take shellfish on his or her behalf. The

designated fisherman must obtain a

designated shellfish permit prior to
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules 66245

attempting to harvest shellfish and must

return a completed harvest report. The

designated fisherman may harvest for

any number of recipients but may have

no more than two harvest limits in his/

her possession at any one time.

(3) The designated fisherman must

have in possession a valid designated

fishing permit when taking, attempting

to take, or transporting shellfish taken

under this section, on behalf of a

beneficiary.

(4) a person may not fish with more

than one legal limit of gear as

established by this section.

(5) A beneficiary may not designate

more than one person to take or attempt

to take shellfish on the beneficiarry’s

behalf at one time. A beneficiary may

not personally take or attempt to take

shellfish at the same time that a

designated fisherman is taking or

attempting to take shellfish on behalf of

a beneficiary.

(e) If a subsistence fishing permit is

required by this chapter, the following

conditions apply unless otherwise

specified by the subsistence fishing

regulations this section:

(1) The numbers of shellfish taken for

subsistence use may not exceed the

limits set out in the permit;

(2) Permits must be obtained prior to

subsistence fishing;

(3) Permits must be retained in the

possession of the permittee and be

readily available for inspection while

taking or transporting the species for

which the permit is issued;

(4) If specified on the permit, each

subsistence fisherman shall keep

accurate daily records of the catch

involved, showing the number of

shellfish taken by species, location and

date of the catch and such other

information may be required for

management or conservation purposes;

(5) Subsistence fishing reports must

be completed and submitted at a time

specified for each particular area and

fishery;

(6) If the return of catch information

necessary for management and

conservation purposes is required by a

subsistence fishing permit, a permittee

who fails to comply with such reporting

requirements is ineligible to receive a

subsistence permit for that activity

during the following calendar year,

unless the permit applicant

demonstrates to the department that

failure to report was due to loss in the

mail, accident, sickness or other

unavoidable circumstances.

(f) Subsistence take by commercial

vessels. No fishing vessel which is

commercially licensed and registered

for shrimp pot, shrimp trawl, king crab,

tanner crab, or dungeness crab fishing

may be used for subsistence take during

the period starting 14 days before an

opening until 14 days after the closure

of a respective open season in the area

or areas for which the vessel is

registered. However, commercial

fishermen may retain shellfish for their

own use from their lawfully taken

commercial catch.

(g) No person may take or possess

shellfish smaller than the minimum

legal size limits.

(h) Unlawful possession of

subsistence shellfish. Shellfish or their

parts taken in violation of Federal or

State regulations may not be possessed,

transported, given, received or bartered.

(i) Subsistence shellfish areas and

pertinent restrictions. (1) Southeastern

Alaska-Yakutat Area. (i) Shellfish may

be taken for subsistence purposes in the

Glacier Bay National Preserve only

under the authority of a subsistence

shellfish fishing permit.

(ii) Sea cucumbers may not be taken

with the use of diving gear.

(iii) In the subsistence taking of

shrimp, no more than 10 pots per

person, and no more than 20 pots per

vessel may be used; in the subsistence

taking of shellfish other than shrimp, no

more than five pots of any type, per

person, and no more than 10 pots of any

type, per vessel, may be used.

(iv) No commercially licensed and

registered shrimp fishing vessel may be

used to take shrimp for subsistence

purposes in Districts 6, 7, 8 and 10 from

February 15 through April 30.

(v) In the subsistence taking of

Dungeness crab:

(A) The daily harvest and possession

limit is 20 crab per person except that,

in waters of Thorne Bay west of the

longitude of the southernmost tip of

Thorne Head, the daily harvest and

possession limit is five crab;

(B) Only male crab six and one-half

inches or greater in shoulder width may

be taken or possessed;

(C) Spears and gaffs may not be used

in Districts 1 through 16;

(D) Live holding facilities utilized to

accumulate or pool multiple harvest

limits by an individual or individuals

are not allowed.

(vi) In the subsistence taking of king

crab:

(A) Red and blue king crab may not

be taken from April 1 through June 30;

(B) Only male red and brown king

crab seven inches and male blue king

crab six and one-half inches or larger in

width of shell may be taken or

possessed;

(C) In the Yakutat Area the daily

harvest and possession limit is two crab

per person and only male crab may be

taken;

(D) An operator of a commercially

licensed and registered king crab fishing

vessel shall obtain a permit before

taking king crab for subsistence

purposes in waters of Yakutat Bay

enclosed by a line from the westernmost

tip of Ocean Cape to the easternmost tip

of Point Manby during the open

commercial king crab fishing season.

(vii) The possession limit for Tanner

crab is 30 crab per person per day.

(viii) The harvest limit is six geoducks

per person per day.

(ix) In the subsistence taking of

abalone:

(A) The possession limit is 50 abalone

per person;

(B) The minimum legal size is three

inches (76 mm) in greatest diameter of

shell, except in District 13 the minimum

legal size is three and one-half inches

(89 mm) in greatest diameter of shell;

(C) Subsistence fishing is prohibited

while engaged in commercial abalone

fishing; prior to engaging in the

subsistence fishery, commercial abalone

fishermen must return the commercial

permit to ADF&G and land the

commercial catch in possession.

(x) In the subsistence taking of rock

scallops (Hinnites sp) and weathervane

scallops (Pecten sp), the daily harvest

and possession limit is five rock

scallops and 10 weathervane scallops.

(2) Cook Inlet Area. (i) Except as

otherwise provided in this section, no

person may take shellfish for

subsistence purposes.

(ii) All waters within the boundaries

of the Kenai National Wildlife Refuge

are closed to the taking of shellfish for

subsistence purposes.

(3) Kodiak Area. (i) Shellfish may be

taken for subsistence purposes only

under the authority of a subsistence

shellfish fishing permit issued by the

ADF&G.

(ii) The operator of a commercially

licensed and registered shrimp fishing

vessel must obtain a subsistence fishing

permit from the ADF&G before

subsistence shrimp fishing during a

closed commercial shrimp fishing

season or within a closed commercial

shrimp fishing district, section or

subsection. The permit shall specify the

area and the date the vessel operator

intends to fish. No more than 500

pounds (227 kg) of shrimp may be in

possession aboard the vessel.

(iii) The daily harvest and possession

limit is 12 male dungeness crab per

person; only male Dungeness crab with

a shell width of six and one-half inches

or greater may be taken or possessed.

Taking of Dungeness crab is prohibited

in water 25 fathoms or more in depth

during the 14 days immediately before

the opening of a commercial king or
66246 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Proposed Rules

Tanner crab fishing season in the

location.

(iv) In the subsistence taking of king

crab:

(A) The annual limit is three crabs per

household; only male king crab seven

inches or greater in width of shell may

be taken or possessed;

(B) All crab pots used for subsistence

fishing and left in saltwater unattended

longer than a two-week period shall

have all bait and bait containers

removed and all doors secured fully

open;

(C) No more than one crab pot no

more than 75 cubic feet in capacity may

be used to take king crab;

(D) King crab may be taken only from

June 1–January 31, except that the

subsistence taking of king crab is

prohibited in waters 25 fathoms or

greater in depth during the period 14

days before and 14 days after open

commercial fishing seasons for red king

crab, blue king crab, or tanner crab in

the location;

(E) The waters of the Pacific Ocean

enclosed by the boundaries of Womans

Bay, Gibson Cove, and an area defined

by a line 1⁄2 mile on either side of the

mouth of the Karluk River, and

extending seaward 3,000 feet, and all

waters within 1,500 feet seaward of the

shoreline of Afognak Island are closed

to the harvest of king crab except by

Federally-qualified subsistence users.

(v) In the subsistence taking of tanner

crab:

(A) No more than five crab pots may

be used to take tanner crab;

(B) From July 15–February 10, the

subsistence taking of tanner crab is

prohibited in waters 25 fathoms or

greater in depth during the 14 days

immediately before the opening of a

commercial king or tanner crab fishing

season in the location;

(C) The daily harvest and possession

limit is 12 male crab with a shell width

five and one-half inches or greater per

person.

(4) Alaska Peninsula-Aleutian Islands

Area. (i) Shellfish may be taken for

subsistence purposes only under the

authority of a subsistence shellfish

fishing permit issued by the ADF&G.

(ii) The operator of a commercially

licensed and registered shrimp fishing

vessel must obtain a subsistence fishing

permit from the ADF&G prior to

subsistence shrimp fishing during a

closed commercial shrimp fishing

season or within a closed commercial

shrimp fishing district, section, or

subsection; the permit shall specify the

area and the date the vessel operator

intends to fish; no more than 500

pounds (227 kg) of shrimp may be in

possession aboard the vessel.

(iii) The daily harvest and possession

limit is 12 male dungeness crab per

person; only crabs with a shell width of

five and one-half inches or greater may

be taken or possessed.

(iv) In the subsistence taking of king

crab:

(A) The daily harvest and possession

limit is six male crab per person; only

crabs with a shell width of six and onehalf inches or greater may be taken or

possessed;

(B) All crab pots used for subsistence

fishing and left in saltwater unattended

longer than a two-week period shall

have all bait and bait containers

removed and all doors secured fully

open;

(C) Crab may be taken only from June

1–January 31.

(v) The daily harvest and possession

limit is 12 male tanner crab per person;

only crabs with a shell width of five and

one-half inches or greater may be taken

or possessed.

(5) Bering Sea Area. (i) In waters

South of 60° North latitude, shellfish

may be taken for subsistence purposes

only under the authority of a

subsistence shellfish fishing permit

issued by the ADF&G.

(ii) In that portion of the area north of

the latitude of Cape Newenham,

shellfish may only be taken by shovel,

jigging gear, pots and ring net.

(iii) The operator of a commercially

licensed and registered shrimp fishing

vessel must obtain a subsistence fishing

permit from the ADF&G prior to

subsistence shrimp fishing during a

closed commercial shrimp fishing

season or within a closed commercial

shrimp fishing district, section or

subsection; the permit shall specify the

area and the date the vessel operator

intends to fish; no more than 500

pounds (227 kg) of shrimp may be in

possession aboard the vessel.

(iv) In waters south of 60° N. lat., the

daily harvest and possession limit is 12

male dungeness crab per person.

(v) In the subsistence taking of king

crab:

(A) In waters south of 60° N. lat., the

daily harvest and possession limit is six

male crab per person;

(B) All crab pots used for subsistence

fishing and left in saltwater unattended

longer than a two-week period shall

have all bait and bait containers

removed and all doors secured fully

open;

(C) In waters south of 60° N. lat., crab

may be taken only from June 1–January

31.

(vi) In waters south of 60° N. lat., the

daily harvest and possession limit is 12

male tanner crab.

Dated: December 1, 1997.

Bruce Babbitt,

Secretary of the Interior.

Dated: December 4, 1997.

Phil Janik,

Regional Forester, USDA Forest Service.

[FR Doc. 97–32345 Filed 12–15–97; 8:45 am]

BILLING CODE 3410–11–P; 4310–55–P