14746 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and DHS Delegation No. 00170.1, Revision 

No. 01.3. 

■ 2. Revise § 117.847 to read as follows: 

§ 117.847 Ashtabula River. 

(a) The draw of the Fifth Street 

Bridge, mile 1.4, over the Ashtabula 

River shall open on signal for the 

passage of vessels on the hour and half 

hour, except from October 10 through 

May 1 when no drawtender is required 

to be in attendance and the bridge will 

open on signal with a 12-hour advance 

notice from vessels. 

(b) The draw of the Norfolk Southern 

Railroad Bridge, mile 1.5, over the 

Ashtabula River shall open on signal 

and may be remotely operated. The 

bridge owner shall maintain and 

monitor a 2-way public address system, 

VHF–FM Marine Radio, and telephone. 

From October 10 through May 1 the 

bridge will open on signal with a 12- 

hour advance notice from vessels. The 

bridge shall display a sign readable from 

vessels approaching the bridge from 

upriver or down river and readable for 

500 feet that states: the name of the 

bridge; the river mile; that the bridge is 

remotely operated; and that mariners 

may signal the bridge to open by 

sounding one prolonged blast followed 

by one short blast of the horn, calling 

via VHF–FM Marine Radio Channel 16, 

or by calling the number posted by the 

owner. The sign shall also include 

language notifying mariners that from 

October 10 through May 1 the bridge 

requires a 12-hour advance notice for 

openings by calling the number posted 

by the owner. 

Johnathan Hickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2024–04274 Filed 2–28–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[Docket No. FWS–R7–SM–2021–0039; 

FXFR13350700640–245–FF07J00000] 

RIN 1018–BF19 

Subsistence Management Regulations 

for Public Lands in Alaska—2023–24 

and 2024–25 Subsistence Taking of 

Wildlife and Fish and Shellfish 

Regulations 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule revises 

regulations for seasons, harvest limits, 

methods, and means related to taking of 

fish for subsistence uses in Alaska 

during the 2023–2024 and 2024–2025 

regulatory years and the customary and 

traditional use determinations for fish 

and shellfish. This rule also revises the 

regulations for subsistence taking of 

wildlife, in response to deferred 

proposals from the 2022–2024 wildlife 

regulations cycle. The Federal 

Subsistence Management Program 

provides a preference for customary and 

traditional uses by rural Alaska 

residents of wild, renewable resources 

on Federal public lands and waters in 

Alaska. 

DATES: This rule is effective February 

29, 2024. 

ADDRESSES: Federal Subsistence Board 

meeting transcripts are available for 

review at the Office of Subsistence 

Management, 1011 East Tudor Road, 

Mail Stop 121, Anchorage, AK 99503; 

on the Office of Subsistence 

Management website (https://

www.doi.gov/subsistence); and at 

https://www.regulations.gov in Docket 

No. FWS–R7–SM–2021–0039. The 

comments received in response to the 

proposed rule are available at https://

www.regulations.gov in Docket No. 

FWS–R7–SM–2021–0039. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Amee Howard, Office of 

Subsistence Management; (907) 786– 

3888 or subsistence@fws.gov. For 

questions specific to National Forest 

System lands, contact Gregory Risdahl, 

Subsistence Program Leader, U.S. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 14747 

Department of Agriculture (USDA), 

Forest Service, Alaska Region; (907) 

302–7354 or gregory.risdahl@usda.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Background 

Under title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126), the 

Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

jointly implement the Federal 

Subsistence Management Program. The 

Program provides a preference for take 

of fish and wildlife resources for 

subsistence uses on Federal public 

lands and waters in Alaska. The term 

‘‘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 or for 

other specified purposes. The 

Secretaries published temporary 

regulations to carry out the Program in 

the Federal Register on June 29, 1990 

(55 FR 27114) and published final 

regulations in the Federal Register on 

May 29, 1992 (57 FR 22940). 

The Program managers have 

subsequently amended these regulations 

many times. Because this program is a 

joint effort between Interior and 

Agriculture, these regulations are 

located in two titles of the Code of 

Federal Regulations (CFR): title 36, 

‘‘Parks, Forests, and Public Property,’’ 

and title 50, ‘‘Wildlife and Fisheries,’’ at 

36 CFR 242.1–242.28 and 50 CFR 100.1– 

100.28, respectively. Consequently, to 

indicate that identical changes affect 

regulations in both titles 36 and 50, in 

this document we present references to 

specific sections of the CFR as shown in 

the following example: §ll.24. 

The Program regulations contain 

subparts as follows: Subpart A, General 

Provisions; Subpart B, Program 

Structure; Subpart C, Board 

Determinations; and Subpart D, 

Subsistence Taking of Fish and Wildlife. 

Consistent with subpart B of these 

regulations, the Secretaries established a 

Federal Subsistence Board to administer 

the Federal Subsistence Management 

Program. The Board comprises: 

• A Chair appointed by the Secretary 

of the Interior with concurrence of the 

Secretary of Agriculture; 

• The Alaska Regional Director, U.S. 

Fish and Wildlife Service (FWS); 

• The Alaska Regional Director, 

National Park Service (NPS); 

• The Alaska State Director, Bureau 

of Land Management (BLM); 

• The Alaska Regional Director, 

Bureau of Indian Affairs (BIA); 

• The Alaska Regional Forester, 

USDA Forest Service (USDA–FS); and 

• Two public members appointed by 

the Secretary of the Interior with 

concurrence of the Secretary of 

Agriculture. 

Through the Board, these agencies 

participate in the development of 

regulations for subparts C and D, which, 

among other things, set forth program 

eligibility, including determinations of 

which areas or communities in Alaska 

are nonrural, and specific harvest 

seasons and limits. The Board receives 

analytical and administrative assistance 

from the Interagency Staff Committee, 

which comprises senior technical 

experts from FWS, NPS, BLM, BIA, and 

USDA–FS (per § ll.10(d)(7)). 

In administering the Program, the 

Secretaries divided Alaska into 10 

subsistence resource regions, each of 

which is represented by a Federal 

Subsistence Regional Advisory Council 

(Council). The 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 

Federal public lands in Alaska. The 

Council members represent varied 

geographical, cultural, and user interests 

within each region. 

The Board conducts rulemaking for 

the Program on a biennial schedule with 

the process of revising the fish and 

shellfish regulations and the process for 

revising the wildlife regulations 

occurring during opposite years. The 

Board addresses ‘‘customary and 

traditional use’’ determinations during 

the applicable biennial cycle. The 

regulations at § ll.4 define 

‘‘customary and traditional use’’ as ‘‘a 

long-established, consistent pattern of 

use, incorporating beliefs and customs 

which have been transmitted from 

generation to generation.’’ Since 

establishment of the Program 

regulations in 1992, the Board has made 

a number of customary and traditional 

use determinations at the request of 

affected subsistence users. These 

determinations have resulted in 

revisions to the regulations at § ll.24. 

The modifications for fish and shellfish, 

along with some administrative 

corrections, were published in the 

Federal Register as follows: 

TABLE 1—MODIFICATIONS TO § ll.24, CUSTOMARY AND TRADITIONAL USE DETERMINATIONS

Federal Register citation Date of publication Rule made changes to the 

following provisions of ll.24 

59 FR 27462 .............................................................. May 27, 1994 ........................................................... Wildlife and Fish/Shellfish. 

59 FR 51855 .............................................................. October 13, 1994 ..................................................... Wildlife and Fish/Shellfish. 

60 FR 10317 .............................................................. February 24, 1995 ................................................... Wildlife and Fish/Shellfish. 

61 FR 39698 .............................................................. July 30, 1996 ........................................................... Wildlife and Fish/Shellfish. 

62 FR 29016 .............................................................. May 29, 1997 ........................................................... Wildlife and Fish/Shellfish. 

63 FR 35332 .............................................................. June 29, 1998 .......................................................... Wildlife and Fish/Shellfish. 

63 FR 46148 .............................................................. August 28, 1998 ....................................................... Wildlife and Fish/Shellfish. 

64 FR 1276 ................................................................ January 8, 1999 ....................................................... Fish/Shellfish. 

66 FR 10142 .............................................................. February 13, 2001 ................................................... Fish/Shellfish. 

67 FR 5890 ................................................................ February 7, 2002 ..................................................... Fish/Shellfish. 

68 FR 7276 ................................................................ February 12, 2003 ................................................... Fish/Shellfish. 

69 FR 5018 ................................................................ February 3, 2004 ..................................................... Fish/Shellfish. 

70 FR 13377 .............................................................. March 21, 2005 ........................................................ Fish/Shellfish. 

71 FR 15569 .............................................................. March 29, 2006 ........................................................ Fish/Shellfish. 

72 FR 12676 .............................................................. March 16, 2007 ........................................................ Fish/Shellfish. 

72 FR 73426 .............................................................. December 27, 2007 ................................................. Wildlife/Fish. 

74 FR 14049 .............................................................. March 30, 2009 ........................................................ Fish/Shellfish. 

76 FR 12564 .............................................................. March 8, 2011 .......................................................... Fish/Shellfish. 

77 FR 35482 .............................................................. June 13, 2012 .......................................................... Wildlife. 


khammond on DSKJM1Z7X2PROD with RULES
14748 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 

TABLE 1—MODIFICATIONS TO § ll.24, CUSTOMARY AND TRADITIONAL USE DETERMINATIONS—Continued 

Federal Register citation Date of publication Rule made changes to the 

following provisions of ll.24 

79 FR 35232 .............................................................. June 19, 2014 .......................................................... Wildlife. 

81 FR 52528 .............................................................. August 8, 2016 ......................................................... Wildlife. 

83 FR 3079 ................................................................ January 23, 2018 ..................................................... Fish. 

83 FR 50758 .............................................................. October 9, 2018 ....................................................... Wildlife. 

84 FR 39744 .............................................................. August 12, 2019 ....................................................... Fish. 

85 FR 74796 .............................................................. November 23, 2020 ................................................. Wildlife. 

87 FR 44846 .............................................................. July 26, 2022 ........................................................... Wildlife. 

Current Rulemaking Action 

The Departments published a 

proposed rule, Subsistence Management 

Regulations for Public Lands in 

Alaska—2023–24 and 2024–25 

Subsistence Taking of Fish Regulations, 

on March 17, 2022 (87 FR 15155), to 

amend the fish and shellfish sections of 

subparts C and D of 36 CFR part 242 and 

50 CFR part 100. As stated in the 

proposed rule, during the rulemaking 

cycle for the fish and shellfish 

regulations, the Board also accepts 

proposals for nonrural determinations. 

The proposed rule opened a comment 

period, which closed on May 16, 2022. 

The Departments advertised the 

proposed rule on the Program’s web 

page and by mail, email, social media, 

radio, and newspaper. During that 

period, the Councils met and, in 

addition to other Council business, 

received suggestions for proposals from 

the public. The Board received a total of 

10 proposals for changes to the subpart 

C regulations (which pertain to Board 

determinations for subsistence resource 

regions, rural determinations, and 

customary and traditional use 

determinations). Nine of those proposals 

were for changes to customary and 

traditional use determinations, and one 

was for a change to nonrural 

determinations. Nine proposals were 

submitted for changes to the subpart D 

regulations (which provide specific 

provisions regarding the taking of fish 

and wildlife). Two of those proposals 

were later withdrawn by their 

proponents. In addition, 19 fisheries 

closure reviews were presented for 

comment as required by Board policy 

that specifies a review of each closure 

at least every 4 years. Seven of the 

closure reviews were deferred from the 

previous fish and shellfish proposed 

rule (85 FR 9430, February 19, 2020). 

The public submitted 20 comments, 

which are available for review at https:// 

www.regulations.gov in Docket No. 

FWS–R7–SM–2021–0039. We reviewed 

and considered all public comments 

received on the proposed rule. Most of 

the comments were proposal 

submissions in response to the request 

for proposals outlined in the proposed 

rule. Most other comments reflected the 

same concerns or issues that were also 

included in those proposals that were 

presented to the Board and were, 

therefore, considered during Board 

deliberations on the proposals. The 

remaining public comments pertained 

to issues outside the scope of this 

rulemaking action. 

After the comment period closed, the 

Board prepared a booklet describing the 

proposals and distributed it to the 

public. The proposals were also 

published on the Program’s website. 

The public then had 30 days, until July 

27, 2022, to comment on the proposed 

regulatory changes. The 10 Councils met 

again, received public comments, and 

formulated their recommendations to 

the Board on proposals for their 

respective regions. Therefore, the public 

received extensive opportunity to 

review and comment on all changes. 

The Councils had a substantial role in 

reviewing the proposed rule and making 

recommendations for the final rule. 

Moreover, a Council Chair, or a 

designated representative, presented 

each Council’s recommendations at the 

Board’s public meeting of January 31– 

February 3, 2023. 

Summary of Board Actions on 

Proposals and Closure Reviews 

The Board’s actions on each fisheries 

proposal and closure review are listed 

in table 2 below. When making 

decisions, the Board may use, but is not 

limited to, the following guidelines for 

consideration of whether a proposal: 

• provides a subsistence priority on 

public lands; 

• is supported by substantial 

scientific and traditional ecological 

knowledge (TEK) evidence; 

• recognizes principles of fish and 

wildlife conservation; 

• provides opportunity; and 

• would not be detrimental or place 

undue burden on rural Alaskan 

subsistence users. 

Consensus agenda: The consensus 

agenda is made up of proposals and 

closure reviews for which there is 

agreement among the affected Councils, 

a majority of the Interagency Staff 

Committee members, and the Alaska 

Department of Fish and Game (ADF&G) 

concerning a proposed regulatory 

action. Anyone may request that the 

Board remove a proposal or a closure 

review from the consensus agenda and 

place it on the non-consensus agenda. 

Proposals or closure reviews taken off 

the consensus agenda follow the Board 

process for non-consensus items and are 

deliberated and voted on individually. 

Of the 16 fishery proposals and 19 

fishery closure reviews, 23 were on the 

Board’s non-consensus agenda, and 12 

were on the consensus agenda. The 

Board votes en masse on the consensus 

agenda after deliberation and action on 

all other proposals. 

Of the proposals on the consensus 

agenda, the Board adopted three, 

rejected two, and took no action on two. 

Of the closure reviews on the consensus 

agenda, the Board retained the status 

quo on four and rescinded one. Analysis 

and justification for the action taken on 

each proposal on the consensus agenda 

can be found in the Board meeting book 

and transcripts. Documents are available 

for review at the Office of Subsistence 

Management (OSM), 1011 East Tudor 

Road, Mail Stop 121, Anchorage, AK 

99503; at https://www.regulations.gov in 

Docket No. FWS–R7–SM–2021–0039; or 

on the OSM website (https://

www.doi.gov/subsistence). 

Non-consensus agenda: Of the 

proposals on the non-consensus agenda, 

the Board adopted two, adopted two 

with modification, rejected four, and 

took no action on one. Of the closure 

reviews on the non-consensus agenda, 

the Board rescinded seven, modified 

two, retained the status quo on two, 

deferred one, and took no action on two. 

Because all Board actions on nonconsensus proposals and closure 

reviews aligned with recommendations 

of the affected Council(s), Board 

justifications for these actions can be 

found by reading the Council 

recommendation(s) in the respective 

proposal analysis and reviewing the 

Board meeting transcripts. Documents 

are available for review at the Office of 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 14749 

Subsistence Management, 1011 East 

Tudor Road, Mail Stop 121, Anchorage, 

AK 99503; at https://

www.regulations.gov in Docket No. 

FWS–R7–SM–2021–0039; or on the 

OSM website (https://www.doi.gov/ 

subsistence). 

Deferred proposals: Of the four 

wildlife proposals that were deferred 

from the April 12–15, 2022, Board 

meeting (see 87 FR 44846, July 26, 2022; 

Subsistence Management Regulations 

for Public Lands in Alaska—2022–23 

and 2023–24 Subsistence Taking of 

Wildlife Regulations), the Board rejected 

three Unit 4 deer proposals that were 

supported by the affected Council and 

adopted with modification a wolf and 

wolverine trapping proposal that was 

supported by the affected Councils for 

Units 9 and 17. 

Nonrural proposal: The Board 

determined that the Ketchikan nonrural 

proposal met the threshold 

requirements for full analysis. Office of 

Subsistence Management staff are 

preparing a full analysis and holding 

public meetings in the affected 

communities. The Board will make a 

final decision at their 2025 fish and 

shellfish regulatory meeting. 

TABLE 2—FEDERAL SUBSISTENCE BOARD ACTIONS ON PROPOSED REVISIONS TO THE REGULATIONS FOR THE FEDERAL

SUBSISTENCE MANAGEMENT PROGRAM

[C&T = customary and traditional use] 

Proposal Species or issue Fisheries management area General description Federal Subsistence Board action 

FP23–01 ............ All fish other than 

salmon; grayling.

Yukon-Northern Area Rescind the Jim River drainage closure and modify 

to allow for the use of rod and reel only; establish 

a grayling harvest limit.

Adopt. 

FP23–02 ............ Salmon ....................... Yukon-Northern Area C&T use determination Chevak, Hooper Bay, and 

Scammon Bay.

Adopt. 

FP23–05a .......... Salmon ....................... Kodiak Area ................ C&T revision ............................................................... Reject. 

FP23–05b .......... Salmon ....................... Kodiak Area ................ Revisions to area descriptors ..................................... Reject. 

FP23–06a .......... Salmon ....................... Kodiak Area ................ Rescind closure to subsistence salmon fishing in 

Women’s Bay Federal marine waters and modify 

to allow use of rod and reel and match State sport 

fishing limits.

Adopt. 

FP23–06b .......... Salmon ....................... Kodiak Area ................ Rescind closure to subsistence salmon fishing in 

Buskin River Federal marine waters and modify to 

allow use of rod and reel and match State sport 

fishing limits.

Adopt with modification to allow rod 

and reel and remove reference to 

season dates and harvest limits shall 

be the same as taking fish under 

State of Alaska sport fishing regulations. 

FP2307 .............. Chinook salmon .......... Cook Inlet Area .......... Match State sport fishing size limits and gear restrictions for Kenai River Chinook salmon.Reject. 

FP23–08 ............ All fish ......................... Cook Inlet Area .......... C&T for residents of Moose Pass .............................. Adopt. 

FP23–09 ............ All fish ......................... Cook Inlet Area .......... C&T for residents of Moose Pass .............................. Take no action based on action on 

FP23–08. 

FP23–12 ............ All fish ......................... Cook Inlet Area .......... C&T for residents of Moose Pass .............................. Take no action based on action on 

FP23–08. 

FP23–14 ............ Salmon ....................... Prince William Sound 

Area.

C&T for residents of Richardson Highway ................. Reject. 

FP23–15 ............ Salmon ....................... Prince William Sound 

Area.

C&T for residents of Alaska Highway (from the Canadian border to Dot Lake).Reject. 

FP23–16 ............ Salmon ....................... Prince William Sound 

Area.

C&T for residents of Alaska Highway (from the Canadian border to Dot Lake).Take no action based on action on 

FP23–15. 

FP23–19 ............ Salmon ....................... Prince William Sound 

Area.

Rescind lower Copper River salmon fishery .............. Reject. 

FP23–20 ............ All shellfish ................. Southeastern Alaska 

Area.

C&T use determination for shellfish in the Southeastern and Yakutat Areas.Adopt. 

FP23–21 ............ Sockeye salmon ......... Southeastern Alaska 

Area.

Close Kah Sheets River and Lake to the harvest of 

sockeye salmon except by federally qualified subsistence users.

Adopt as modified by OSM to close 

Kah Sheets Creek to non-federally 

qualified subsistence users from July 

1 to July 31. 

FCR23–02 .......... All fish ......................... Yukon-Northern Area Review Kanuti River closure to subsistence fishing 

upstream from a point 5 miles downstream of the 

State highway crossing.

Adopted and modified closure to nonsalmon species only. 

FCR23–03 .......... All fish ......................... Yukon-Northern Area Review closure to subsistence fishing in the Bonanza Creek drainage.Adopted and modified closure by rescinding to non-salmon species only. 

FCR23–05 .......... All fish ......................... Yukon-Northern Area Review closure to subsistence fishing in the Delta 

River.

Deferred to next fisheries regulatory 

meeting. 

FCR21–08 .......... Salmon ....................... Aleutian Islands Area Review closure to subsistence salmon fishing in the 

waters of Unalaska Lake, its tributaries and outlet 

streams.

Retain status quo. 

FCR21–09 .......... Salmon ....................... Aleutian Islands Area Review closure to subsistence salmon fishing in the 

waters of Summers and Morris Lakes and their 

tributaries and outlet streams.

Retain status quo. 

FCR21–11 .......... Salmon ....................... Aleutian Islands Area Review closure to subsistence salmon fishing in the 

waters of McLees Lake and its tributaries and outlet streams.

Retain status quo. 

FCR23–11 .......... Salmon ....................... Aleutian Islands Area Review closure to subsistence salmon fishing in all 

streams supporting anadromous fish runs that flow 

into Unalaska Bay south of a line from the northern tip of Cape Cheerful to the northern tip of 

Kalekta Point.

Retain status quo. 

FCR23–12 .......... Salmon ....................... Aleutian Islands Area Review closure to subsistence salmon fishing in all 

Federal freshwaters on Adak and Kagalaska Islands in the Adak District.

Rescind. 


khammond on DSKJM1Z7X2PROD with RULES
14750 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 

TABLE 2—FEDERAL SUBSISTENCE BOARD ACTIONS ON PROPOSED REVISIONS TO THE REGULATIONS FOR THE FEDERAL

SUBSISTENCE MANAGEMENT PROGRAM—Continued 

[C&T = customary and traditional use] 

Proposal Species or issue Fisheries management area General description Federal Subsistence Board action 

FCR21–13 .......... Salmon ....................... Alaska Peninsula Area Review closure to subsistence salmon fishing in the 

waters of Russel Creek and Nurse Lagoon and 

within 500 yards outside of the mouth of Nurse 

Lagoon.

Rescind. 

FCR23–13 .......... Salmon ....................... Alaska Peninsula Area Review closure to subsistence salmon fishing in 

Trout Creek and within 500 yards outside its 

mouth.

Rescind. 

FCR23–15 .......... Salmon ....................... Kodiak Area ................ Review closure to subsistence salmon fishing in 

Women’s Bay Federal marine waters.

Take no action based on FP23–06a. 

FCR21–16 .......... Salmon ....................... Kodiak Area ................ Review closure to subsistence salmon fishing in 

Buskin River Federal marine waters.

Take no action based on FP23–06b. 

FCR21–18 .......... Salmon ....................... Kodiak Area ................ Review closure to subsistence salmon fishing in all 

waters of Afognak Bay north and west of a line 

from the tip of Last Point to the tip of River Mouth 

Point.

Rescind. 

FCR21–19 .......... Salmon ....................... Kodiak Area ................ Review closure to subsistence salmon fishing in all 

freshwater systems of Afognak Island.

Rescind. 

FCR23–19 .......... Salmon ....................... Kodiak Area ................ Review closure to subsistence salmon fishing in all 

Selief Bay Creek waters closed to commercial 

salmon fishing within 100 yards of the terminus of 

the creek.

Rescind. 

FRC23–21 .......... King crab .................... Kodiak Area ................ Review closure to king crab fishing by non-federally 

qualified users in all Federal marine waters around 

Kodiak and Afognak Islands.

Retain status quo. 

FCR23–22 .......... Salmon ....................... Kodiak Area ................ Review closure to subsistence salmon fishing in 

waters 500 yards seaward of the mouth of Little 

Kitoi Creek.

Rescind. 

FCR23–23 .......... Salmon ....................... Southeastern Alaska 

Area.

Review closure to subsistence salmon fishing in the 

Taku River.

Rescind. 

FCR23–24 .......... Sockeye salmon ......... Southeastern Alaska 

Area.

Review closure to subsistence salmon fishing in 

Neva Lake, Neva Creek, and South Creek.

Retain status quo. 

The final regulations in this document 

reflect Board review and consideration 

of Regional Advisory Council 

recommendations, Tribal and Alaska 

Native corporation consultations, and 

public and ADF&G comments. The 

proposals indicated above in table 2 as 

‘‘adopted’’ are reflected in the rule 

portion of this document as revisions to 

the Program regulations. Because this 

rule concerns public lands managed by 

a bureau or bureaus in both the 

Departments of Agriculture and the 

Interior, identical text will be 

incorporated into 36 CFR part 242 and 

50 CFR part 100. 

Conformance With Statutory and 

Regulatory Authorities 

Administrative Procedure Act 

Compliance 

The Board has provided extensive 

opportunity for public input and 

involvement in compliance with 

Administrative Procedure Act 

requirements, including publishing a 

proposed rule in the Federal Register, 

participation in multiple Council 

meetings, additional public review and 

comment on all proposals for regulatory 

change, and opportunity for additional 

public comment during the Board 

meeting prior to deliberation. 

Additionally, an administrative 

mechanism exists (and has been used by 

the public) to request reconsideration of 

the Board’s decision on any proposal for 

regulatory change (36 CFR 242.20 and 

50 CFR 100.20). Therefore, the Board 

believes that sufficient public notice 

and opportunity for involvement have 

been given to affected persons regarding 

Board decisions. 

In the more than 30 years that the 

Program has been operating, no benefit 

to the public has been demonstrated by 

delaying the effective date of the 

subsistence regulations. A lapse in 

regulatory control could affect the 

continued viability of fish or wildlife 

populations and future subsistence 

opportunities for rural Alaskans and 

would generally fail to serve the overall 

public interest. Therefore, the Board 

finds good cause pursuant to 5 U.S.C. 

553(d)(3) to make this rule effective 

upon the date set forth in DATES to 

ensure continued operation of the 

Subsistence Management Program. 

National Environmental Policy Act 

Compliance 

A draft environmental impact 

statement that described four 

alternatives for developing a Federal 

Subsistence Management Program was 

distributed for public comment on 

October 7, 1991. The final 

environmental impact statement (FEIS) 

was published on February 28, 1992. 

The Record of Decision (ROD) on 

Subsistence Management for Federal 

Public Lands in Alaska was signed April 

6, 1992. The selected alternative in the 

FEIS (alternative IV) defined the 

administrative framework of an annual 

regulatory cycle for subsistence 

regulations. 

A 1997 environmental assessment 

dealt with the expansion of Federal 

jurisdiction over fisheries and is 

available at the office listed under FOR

FURTHER INFORMATION CONTACT. The 

Secretary of the Interior, with 

concurrence of the Secretary of 

Agriculture, determined that expansion 

of Federal jurisdiction does not 

constitute a major Federal action 

significantly affecting the human 

environment and, therefore, signed a 

Finding of No Significant Impact. 

Section 810 of ANILCA 

An ANILCA section 810 analysis was 

completed as part of the FEIS process on 

the Federal Subsistence Management 

Program. 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. The final section 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 14751 

810 analysis determination appeared in 

the April 6, 1992, ROD and concluded 

that the Program, under Alternative IV 

with an annual process for setting 

subsistence regulations, may have some 

local impacts on subsistence uses, but 

will not likely restrict subsistence uses 

significantly. 

During the subsequent environmental 

assessment process for extending 

fisheries jurisdiction, an evaluation of 

the effects of this rule was conducted in 

accordance with section 810. That 

evaluation also supported the 

Secretaries’ determination that the rule 

will not reach the ‘‘may significantly 

restrict’’ threshold that would require 

notice and hearings under ANILCA 

section 810(a). 

Paperwork Reduction Act of 1995 (PRA) 

This rule does not contain any new 

collections of information that require 

Office of Management and Budget 

(OMB) approval under the PRA (44 

U.S.C. 3501 et seq.). OMB has reviewed 

and approved the collections of 

information associated with the 

subsistence regulations at 36 CFR part 

242 and 50 CFR part 100 and assigned 

OMB Control Number 1018–0075. We 

may not conduct or sponsor and you are 

not required to respond to a collection 

of information unless it displays a 

currently valid OMB control number. 

Regulatory Planning and Review 

(Executive Orders 12866, 13563, and 

14094) 

Executive Order 14094 reaffirms the 

principles of E.O. 12866 and E.O. 13563 

and states that regulatory analysis 

should facilitate agency efforts to 

develop regulations that serve the 

public interest, advance statutory 

objectives, and are consistent with E.O. 

12866, E.O. 13563, and the Presidential 

Memorandum of January 20, 2021 

(Modernizing Regulatory Review). 

Regulatory analysis, as practicable and 

appropriate, shall recognize distributive 

impacts and equity, to the extent 

permitted by law. E.O. 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. We have 

developed this final rule in a manner 

consistent with these requirements. 

E.O. 12866, as reaffirmed by E.O. 

13563 and E.O. 14094, provides that the 

Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

Regulatory Flexibility Act 

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. In general, 

the resources to be harvested under this 

rule are already being harvested and 

consumed by the local harvester and do 

not result in an additional dollar benefit 

to the economy. However, we estimate 

that two million pounds of meat are 

harvested by subsistence users annually 

and, if given an estimated dollar value 

of $3.00 per pound, this amount would 

equate to about $6 million in food value 

Statewide. Based upon the amounts and 

values cited above, the Departments 

certify 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. 

Congressional Review Act 

Under the Congressional Review Act 

(5 U.S.C. 804(2)), this rule is not a major 

rule. It does not have an effect on the 

economy of $100 million or more, will 

not cause a major increase in costs or 

prices for consumers, and does not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Executive Order 12630 

Title VIII of ANILCA requires the 

Secretaries to administer a subsistence 

priority on public lands. The scope of 

the Program is limited by definition to 

certain public lands. Accordingly, these 

regulations have no potential takings of 

private property implications as defined 

by Executive Order 12630. 

Unfunded Mandates Reform Act 

The Secretaries have determined and 

certify pursuant to the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502 et 

seq., that this rulemaking will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. The 

implementation of this rule is by 

Federal agencies, and there is no cost 

imposed on any State or local entities or 

Tribal governments. 

Executive Order 12988 

The Secretaries have determined that 

these regulations meet the applicable 

standards provided in sections 3(a) and 

3(b)(2) of Executive Order 12988, 

regarding civil justice reform. 

Executive Order 13132 

In accordance with Executive Order 

13132, the rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. Title VIII of ANILCA 

precludes the State from exercising 

subsistence management authority over 

fish and wildlife resources on Federal 

lands unless it meets certain 

requirements. 

Executive Order 13175 

Title VIII of ANILCA, does not 

provide specific rights to Tribes for the 

subsistence taking of wildlife, fish, and 

shellfish. However, the Board provided 

Federally recognized Tribes and Alaska 

Native corporations opportunities to 

consult on this rule. Consultation with 

Alaska Native corporations are based on 

Public Law 108–199, div. H, Sec. 161, 

Jan. 23, 2004, 118 Stat. 452, as amended 

by Public Law 108–447, div. H, title V, 

Sec. 518, Dec. 8, 2004, 118 Stat. 3267, 

which provides that: ‘‘The Director of 

the Office of Management and Budget 

and all Federal agencies shall hereafter 

consult with Alaska Native corporations 

on the same basis as Indian Tribes 

under Executive Order No. 13175.’’ 

The Secretaries, through the Board, 

provided a variety of opportunities for 

consultation: commenting on proposed 

changes to the existing rule; engaging in 

dialogue at the Council meetings; 

engaging in dialogue at the Board’s 

meetings; and providing input in 

person, by mail, email, or phone at any 

time during the rulemaking process. 

On January 31, 2023, the Board 

provided federally recognized Tribes 

and Alaska Native Corporations a 

specific opportunity to consult on this 

rule prior to the start of its public 

regulatory meeting. Federally 

recognized Tribes and Alaska Native 

Corporations were notified by mail and 

telephone and were given the 

opportunity to attend via 

teleconference. 

Executive Order 13211 

This Executive order requires 

agencies to prepare statements of energy 

effects when undertaking certain 

actions. However, this rule is not a 

significant regulatory action under E.O. 

13211, affecting energy supply, 

distribution, or use, and no statement of 

energy effects is required. 

Drafting Information 

Justin Koller drafted these regulations 

under the guidance of Amee Howard of 

the Office of Subsistence Management, 

Alaska Regional Office, U.S. Fish and 

Wildlife Service, Anchorage, Alaska. 

Additional assistance was provided by 


khammond on DSKJM1Z7X2PROD with RULES
14752 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 

• Paul McKee, Alaska State Office, 

Bureau of Land Management; 

• Eva Patton, Alaska Regional Office, 

National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Jill Klein, Alaska Regional Office, 

U.S. Fish and Wildlife Service; and 

• Gregory Risdahl, Alaska Regional 

Office, 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, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

Regulation Promulgation 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board amends title 36, part 242, and 

title 50, part 100, of the Code of Federal 

Regulations, as set forth below. 

PART 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. 

Subpart C—Board Determinations 

■ 2. Amend § ll.24 in table 2 to 

paragraph (a)(2) by revising the entries 

for ‘‘YUKON-NORTHERN AREA’’ and 

‘‘COOK INLET AREA’’ and revising 

table 3 to paragraph (a)(3) to read as 

follows: 

§ll.24

(a) * * * 

(2) * * * 

TABLE 2 TO PARAGRAPH (a)(2) 

Area Species Determination 

*******

YUKON-NORTHERN AREA: 

Yukon River drainage ................................................ Salmon ............................... Residents of the Yukon River drainage and the communities of Chevak, Hooper Bay, Scammon Bay, and 

Stebbins. 

Yukon River drainage ................................................ Freshwater fish (other than 

salmon).

Residents of the Yukon-Northern Area. 

Remainder of the Yukon-Northern Area .................... All fish ................................. Residents of the Yukon-Northern Area, excluding the 

residents of the Yukon River drainage and excluding 

those domiciled in Unit 26B. 

Tanana River drainage contained within the Tetlin 

National Wildlife Refuge and the Wrangell-St. 

Elias National Park and Preserve.

Freshwater fish (other than 

salmon).

Residents of the Yukon-Northern Area and residents of 

Chistochina, Mentasta Lake, Slana, and all residents 

living between Mentasta Lake and Chistochina. 

* * * * * * * 

COOK INLET AREA: 

Kenai Peninsula District—Waters north of and including the Kenai River drainage within the Kenai 

National Wildlife Refuge and the Chugach National Forest.

All fish ................................. Residents of the communities of Cooper Landing, 

Hope, Moose Pass, and Ninilchik. 

Waters within the Kasilof River drainage within the 

Kenai National Wildlife Refuge.

All fish ................................. Residents of the community of Ninilchik. 

Waters within Lake Clark National Park draining into 

and including that portion of Tuxedni Bay within 

the park.

Salmon ............................... Residents of the Tuxedni Bay Area. 

Cook Inlet Area .......................................................... Fish other than salmon, 

Dolly Varden, trout, char, 

grayling, and burbot.

Residents of the Cook Inlet Area. 

Remainder of the Cook Inlet Area ............................. Salmon, Dolly Varden, 

trout, char, grayling, and 

burbot.

All rural residents. 

* * * * * * * 

(3) * * * 

TABLE 3 TO PARAGRAPH (a)(3) 

Area Species Determination 

Bering Sea Area ............................................................... All shellfish ......................... Residents of the Bering Sea Area. 

Alaska Peninsula-Aleutian Islands Area ........................... Shrimp; Dungeness and 

Tanner crab.

Residents of the Alaska Peninsula-Aleutian Islands 

Area. 

Kodiak Area ...................................................................... Shrimp; Dungeness and 

Tanner crab.

Residents of the Kodiak Area. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 14753 

TABLE 3 TO PARAGRAPH (a)(3)—Continued 

Area Species Determination 

Kodiak Area, except for 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: 

Federal waters in the Tuxedni Bay Area within the 

boundaries of Lake Clark National Park.

Shellfish .............................. Residents of Tuxedni Bay, Chisik Island, and Tyonek. 

Prince William Sound Area ............................................... Shrimp; clams; Dungeness, 

king, and Tanner crab.

Residents of the Prince William Sound Area. 

Southeastern Alaska—Yakutat Area ................................ All shellfish ......................... Residents of Southeastern Alaska and Yakutat Fishery 

Management Areas. 

Subpart D—Subsistence Taking of 

Fish and Wildlife 

■ 3. Amend § ll.26 by revising 

paragraphs (n)(9) and (17) to read as 

follows: 

§ll.26 Subsistence taking of wildlife. 

* * * * * 

(n) * * * 

(9) Unit 9. 

(i) Unit 9 consists of the Alaska 

Peninsula and adjacent islands, 

including drainages east of False Pass, 

Pacific Ocean drainages west of and 

excluding the Redoubt Creek drainage; 

drainages into the south side of Bristol 

Bay, drainages into the north side of 

Bristol Bay east of Etolin Point, and 

including the Sanak and Shumagin 

Islands: 

(A) Unit 9A consists of that portion of 

Unit 9 draining into Shelikof Strait and 

Cook Inlet between the southern 

boundary of Unit 16 (Redoubt Creek) 

and the northern boundary of Katmai 

National Park and Preserve. 

(B) Unit 9B consists of the Kvichak 

River drainage except those lands 

drained by the Kvichak River/Bay 

between the Alagnak River drainage and 

the Naknek River drainage. 

(C) Unit 9C consists of the Alagnak 

(Branch) River drainage, the Naknek 

River drainage, lands drained by the 

Kvichak River/Bay between the Alagnak 

River drainage and the Naknek River 

drainage, and all land and water within 

Katmai National Park and Preserve. 

(D) Unit 9D consists of all Alaska 

Peninsula drainages west of a line from 

the southernmost head of Port Moller to 

the head of American Bay, including the 

Shumagin Islands and other islands of 

Unit 9 west of the Shumagin Islands. 

(E) Unit 9E consists of the remainder 

of Unit 9. 

(ii) In the following areas, the taking 

of wildlife for subsistence uses is 

prohibited or restricted on public lands: 

(A) You may not take wildlife for 

subsistence uses in Katmai National 

Park; and 

(B) You may not use motorized 

vehicles, except aircraft, boats, or 

snowmobiles used for hunting and 

transporting a hunter or harvested 

animal parts from Aug. 1 through Nov. 

30 in the Naknek Controlled Use Area, 

which includes all of Unit 9C within the 

Naknek River drainage upstream from 

and including the King Salmon Creek 

drainage; however, you may use a 

motorized vehicle on the Naknek-King 

Salmon, Lake Camp, and Rapids Camp 

roads and on the King Salmon Creek 

trail, and on frozen surfaces of the 

Naknek River and Big Creek. 

(iii) Unit-specific regulations: 

(A) If you have a trapping license, you 

may use a firearm to take beaver in Unit 

9B from April 1 through May 31 and in 

the remainder of Unit 9 from April 1 

through 30. 

(B) You may hunt brown bear by State 

registration permit in lieu of a resident 

tag in Unit 9B, except that portion 

within the Lake Clark National Park and 

Preserve, if you have obtained a State 

registration permit prior to hunting. 

(C) In Unit 9B, Lake Clark National 

Park and Preserve, residents of Iliamna, 

Newhalen, Nondalton, Pedro Bay, Port 

Alsworth, and that portion of the park 

resident zone in Unit 9B and 13.440 

permit holders may hunt brown bear by 

Federal registration permit in lieu of a 

resident tag. The season will be closed 

when 4 females or 10 bears have been 

taken, whichever occurs first. The 

permits will be issued and closure 

announcements made by the 

Superintendent Lake Clark National 

Park and Preserve. 

(D) Residents of Iliamna, Newhalen, 

Nondalton, Pedro Bay, and Port 

Alsworth may take up to a total of 10 

bull moose in Unit 9B for ceremonial 

purposes, under the terms of a Federal 

registration permit from July 1 through 

June 30. Permits will be issued to 

individuals only at the request of a local 

organization. This 10-moose limit is not 

cumulative with that permitted for 

potlatches by the State. 

(E) For Units 9C and 9E only, a 

federally qualified subsistence user 

(recipient) of Units 9C and 9E may 

designate another federally qualified 

subsistence user of Units 9C and 9E to 

take bull caribou on his or her behalf. 

The designated hunter must obtain a 

designated hunter permit and must 

return a completed harvest report and 

turn over all meat to the recipient. There 

is no restriction on the number of 

possession limits the designated hunter 

may have in his/her possession at any 

one time. 

(F) For Unit 9D, a federally qualified 

subsistence user (recipient) may 

designate another federally qualified 

subsistence user to take caribou on his 

or her behalf. The designated hunter 

must obtain a designated hunter permit 

and must return a completed harvest 

report. The designated hunter may hunt 

for any number of recipients but may 

have no more than four harvest limits in 

his/her possession at any one time. 

(G) The communities of False Pass, 

King Cove, Cold Bay, Sand Point, and 

Nelson Lagoon annually may each take, 

from October 1 through December 31 or 

May 10 through 25, one brown bear for 

ceremonial purposes, under the terms of 

a Federal registration permit. A permit 

will be issued to an individual only at 

the request of a local organization. The 

brown bear may be taken from either 

Unit 9D or Unit 10 (Unimak Island) 

only. 

(H) You may hunt brown bear in Unit 

9E with a Federal registration permit in 

lieu of a State locking tag if you have 

obtained a Federal registration permit 

prior to hunting. 

(I) In Units 9B and 9C, a 

snowmachine may be used to approach 

and pursue a wolf or wolverine 

provided the snowmachine does not 

contact a live animal. 


khammond on DSKJM1Z7X2PROD with RULES
14754 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 

TABLE 9 TO PARAGRAPH (n)(9) 

Harvest limits Open season 

Hunting 

Black Bear: 3 bears ....................................................................................................................................................... July 1–June 30. 

Brown Bear: 

Unit 9B, Lake Clark National Park and Preserve—Rural residents of Iliamna, Newhalen, Nondalton, Pedro 

Bay, Port Alsworth, residents of that portion of the park resident zone in Unit 9B; and 13.440 permit holders—1 bear by Federal registration permit only.

July 1–June 30. 

The season will be closed by the Lake Clark National Park and Preserve Superintendent when 4 females or 

10 bear have been taken, whichever occurs first.

Unit 9B, remainder—1 bear by State registration permit only ............................................................................... Sep. 1–May 31. 

Unit 9C—1 bear by Federal registration permit only ............................................................................................. Oct. 1–May 31. 

The season will be closed by the Katmai National Park and Preserve Superintendent in consultation with BLM 

and FWS land managers and ADF&G, when 6 females or 10 bear have been taken, whichever occurs first.

Unit 9E—1 bear by Federal registration permit ..................................................................................................... Sep. 25–Dec. 31; Apr. 15– 

May 25. 

Caribou: 

Unit 9A—up to 2 caribou by State registration permit ........................................................................................... Season may be announced 

between Aug. 1–Mar. 15. 

Unit 9B—up to 2 caribou by State registration permit ........................................................................................... Season may be announced 

between Aug. 1–Mar. 31. 

Unit 9C, that portion within the Alagnak River drainage—up to 2 caribou by State registration permit ............... Season may be announced 

between Aug. 1–Mar. 15. 

Unit 9C, that portion draining into the Naknek River from the north, and Graveyard Creek and Coffee Creek— 

up to 2 caribou by State registration permit.

Season may be announced 

between Aug. 1–Mar. 15. 

Unit 9C, remainder—1 bull by Federal registration permit or State permit. Federal public lands are closed to 

the taking of caribou except by residents of Unit 9C and Egegik.

May be announced. 

Unit 9D—1–4 caribou by Federal registration permit only ..................................................................................... Aug. 1–Sep. 30; Nov. 15– 

Mar. 31. 

Unit 9E—1 bull by Federal registration permit or State permit. Federal public lands are closed to the taking of 

caribou except by residents of Unit 9E, Nelson Lagoon, and Sand Point.

May be announced. 

Sheep: 

Unit 9B, that portion within Lake Clark National Park and Preserve—1 ram with 3⁄4 curl or larger horn by Federal registration permit only. By announcement of the Lake Clark National Park and Preserve Superintendent, the summer/fall season will be closed when up to 5 sheep are taken and the winter season will 

be closed when up to 2 sheep are taken.

July 15–Oct. 15; Jan. 1– 

Apr. 1. 

Unit 9B, remainder—1 ram with 7⁄8 curl or larger horn by Federal registration permit only ................................. Aug. 10–Oct. 10. 

Unit 9, remainder—1 ram with 7⁄8 curl or larger horn ............................................................................................ Aug. 10–Sep. 20.

Moose: 

Unit 9A—1 bull by State registration permit ........................................................................................................... Sep. 1–15. 

Unit 9B—1 bull by State registration permit ........................................................................................................... Sep. 1–20; Dec. 1–Jan. 15. 

Unit 9C, that portion draining into the Naknek River from the north—1 bull by State registration permit ............ Sep. 1–20; Dec. 1–31. 

Unit 9C, that portion draining into the Naknek River from the south—1 bull by State registration permit. Public 

lands are closed during December for the hunting of moose, except by federally qualified subsistence users 

hunting under these regulations.

Aug. 20–Sep. 20; Dec. 1– 

31. 

Unit 9C, remainder—1 bull by State registration permit ........................................................................................ Sep. 1–20; Dec. 15–Jan. 

15. 

Unit 9D—1 bull by Federal registration permit. Federal public lands will be closed by announcement of the 

Izembek Refuge Manager to the harvest of moose when a total of 10 bulls have been harvested between 

State and Federal hunts.

Dec. 15–Jan. 20. 

Unit 9E—1 bull by State registration permit; however, only antlered bulls may be taken Dec. 1–Jan. 31 .......... Sep. 1–25; Dec. 1–Jan. 31. 

Beaver: Unit 9B and 9E—2 beaver per day ................................................................................................................. Apr. 15–May 31. 

Coyote: 2 coyotes .......................................................................................................................................................... Sep. 1–Apr. 30. 

Fox, Arctic (Blue and White): No limit ........................................................................................................................... Dec. 1–Mar. 15. 

Fox, Red (including Cross, Black and Silver Phases): 2 foxes .................................................................................... Sep. 1–Feb. 15. 

Hare: 

Snowshoe hare: No limit ........................................................................................................................................ July 1–June 30. 

Alaska hare: 1 per day, 4 per season .................................................................................................................... Nov. 1–Mar. 31. 

Lynx: 2 lynx .................................................................................................................................................................... Nov. 10–Feb. 28. 

Wolf: 10 wolves ............................................................................................................................................................. Aug. 10–Apr. 30. 

Wolverine: 1 wolverine .................................................................................................................................................. Sep. 1–Mar. 31. 

Grouse (Spruce): 15 per day, 30 in possession ........................................................................................................... Aug. 10–Apr. 30. 

Ptarmigan (Rock, Willow, and White-tailed): 10 per day, 20 in possession ................................................................. Aug. 10–last day of Feb. 

Trapping 

Beaver: 

No limit .................................................................................................................................................................... Oct. 10–Mar. 31. 

2 beaver per day; only firearms may be used ....................................................................................................... Apr. 15–May 31. 

Coyote: No limit ............................................................................................................................................................. Nov. 10–Mar. 31. 

Fox, Arctic (Blue and White): No limit ........................................................................................................................... Nov. 10–Feb. 28. 

Fox, Red (including Cross, Black and Silver Phases): No limit .................................................................................... Nov. 10–Feb. 28. 

Lynx: No limit ................................................................................................................................................................. Nov. 10–Feb. 28. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 14755 

TABLE 9 TO PARAGRAPH (n)(9)—Continued 

Harvest limits Open season 

Marten: No limit ............................................................................................................................................................. Nov. 10–Feb. 28. 

Mink and Weasel: No limit ............................................................................................................................................. Nov. 10–Feb. 28. 

Muskrat: No limit ............................................................................................................................................................ Nov. 10–June 10. 

Otter: No limit ................................................................................................................................................................. Nov. 10–Mar. 31. 

Wolf: No limit ................................................................................................................................................................. Nov. 10–Mar. 31. 

Wolverine: No limit ......................................................................................................................................................... Nov. 10–Feb. 28. 

* * * * * 

(17) Unit 17. 

(i) Unit 17 consists of drainages into 

Bristol Bay and the Bering Sea between 

Etolin Point and Cape Newenham, and 

all islands between these points 

including Hagemeister Island and the 

Walrus Islands: 

(A) Unit 17A consists of the drainages 

between Cape Newenham and Cape 

Constantine, and Hagemeister Island 

and the Walrus Islands; 

(B) Unit 17B consists of the Nushagak 

River drainage upstream from, and 

including the Mulchatna River drainage 

and the Wood River drainage upstream 

from the outlet of Lake Beverley; and 

(C) Unit 17C consists of the remainder 

of Unit 17. 

(ii) In the following areas, the taking 

of wildlife for subsistence uses is 

prohibited or restricted on public lands: 

(A) Except for aircraft and boats and 

in legal hunting camps, you may not use 

any motorized vehicle for hunting 

ungulates, bear, wolves, and wolverine, 

including transportation of hunters and 

parts of ungulates, bear, wolves, or 

wolverine in the Upper Mulchatna 

Controlled Use Area consisting of Unit 

17B, from Aug. 1 through Nov. 1. 

(B) [Reserved] 

(iii) Unit-specific regulations: 

(A) You may use bait to hunt black 

bear between April 15 and June 15. 

(B) You may hunt brown bear by State 

registration permit in lieu of a resident 

tag if you have obtained a State 

registration permit prior to hunting. 

(C) If you have a trapping license, you 

may use a firearm to take beaver in Unit 

17 from April 15 through May 31. You 

may not take beaver with a firearm 

under a trapping license on National 

Park Service lands. 

(D) In Unit 17, a snowmachine may be 

used to assist in the taking of a caribou, 

and caribou may be shot from a 

stationary snowmachine. ‘‘Assist in the 

taking of a caribou’’ means a 

snowmachine may be used to approach 

within 300 yards of a caribou at speeds 

under 15 miles per hour, in a manner 

that does not involve repeated 

approaches or that causes a caribou to 

run. A snowmachine may not be used 

to contact an animal or to pursue a 

fleeing caribou. 

(E) In Unit 17, a snowmachine may be 

used to approach and pursue a wolf or 

wolverine provided the snowmachine 

does not contact a live animal. 

TABLE 17 TO PARAGRAPH (n)(17) 

Harvest limits Open season 

Hunting 

Black Bear: 2 bears ....................................................................................................................................................... Aug. 1–May 31. 

Brown Bear: Unit 17—1 bear by State registration permit only .................................................................................... Sep. 1–May 31. 

Caribou: Unit 17A, all drainages west of Right Hand Point—up to 2 caribou by State registration permit ................. Season may be announced 

between Aug. 1–Mar. 31. 

Units 17A and 17C, that portion of 17A and 17C consisting of the Nushagak Peninsula south of the Igushik 

River, Tuklung River and Tuklung Hills, west to Tvativak Bay—up to 5 caribou by Federal registration permit.

Aug. 1–Mar. 31. 

Public lands are closed to the taking of caribou except by federally qualified users unless the population estimate exceeds 900 caribou.

Units 17A, remainder and 17C, remainder—selected drainages; a harvest limit of up to 2 caribou by State 

registration permit will be determined at the time the season is announced.

Season may be announced 

between Aug. 1 and Mar. 

31. 

Units 17B and 17C, that portion of 17C east of the Wood River and Wood River Lakes—up to 2 caribou by 

State registration permit.

Season may be announced 

between Aug. 1–Mar. 31. 

Sheep: 1 ram with full curl or larger horn ..................................................................................................................... Aug. 10–Sep. 20. 

Moose: Unit 17A—1 bull by State registration permit; or .............................................................................................. Aug. 25–Sep. 25. 

1 antlerless moose by State registration permit; or ............................................................................................... Aug. 25–Sep. 25. 

Unit 17A—up to 2 moose; one antlered bull by State registration permit, one antlerless moose by State registration permit.Up to a 31-day season may 

be announced between 

Dec. 1 and the last day of 

Feb. 

Units 17B and 17C—one bull ................................................................................................................................. Aug. 20–Sep. 15. Dec. 1– 

31. 

During the period Aug. 20–Sep. 15—one bull by State registration permit; or 

During the period Sep. 1–15—one bull with spike-fork or 50-inch antlers or antlers with three or more brow 

tines on at least one side with a State harvest ticket; or 

During the period Dec. 1–31—one antlered bull by State registration permit.

Coyote: 2 coyotes .......................................................................................................................................................... Sep. 1–Apr. 30. 

Fox, Arctic (Blue and White Phase): No limit ................................................................................................................ Dec. 1–Mar. 15. 

Fox, Red (including Cross, Black and Silver Phases): 2 foxes .................................................................................... Sep. 1–Feb. 15. 

Hare: 

Snowshoe hare: No limit ........................................................................................................................................ July 1–June 30. 


khammond on DSKJM1Z7X2PROD with RULES
14756 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 

TABLE 17 TO PARAGRAPH (n)(17)—Continued 

Harvest limits Open season 

Alaska hare: 1 per day, 4 per season .................................................................................................................... Nov. 1–Mar. 31. 

Lynx: 2 lynx .................................................................................................................................................................... Nov. 10–Feb. 28. 

Wolf: 10 wolves ............................................................................................................................................................. Aug. 10–Apr. 30. 

Wolverine: 1 wolverine .................................................................................................................................................. Sep. 1–Mar. 31. 

Grouse (Spruce and Ruffed): 15 per day, 30 in possession ........................................................................................ Aug. 10–Apr. 30. 

Ptarmigan (Rock and Willow): 20 per day, 40 in possession ....................................................................................... Aug. 10–Apr. 30. 

Trapping 

Beaver: Unit 17—No limit .............................................................................................................................................. Oct. 10–Mar. 31. 

Unit 17—2 beaver per day. Only firearms may be used ....................................................................................... Apr. 15–May 31. 

Coyote: No limit ............................................................................................................................................................. Nov. 10–Mar. 31. 

Fox, Arctic (Blue and White Phase): No limit ................................................................................................................ Nov. 10–Mar. 31. 

Fox, Red (including Cross, Black and Silver Phases): No limit .................................................................................... Nov. 10–Mar. 31. 

Lynx: No limit ................................................................................................................................................................. Nov. 10–Mar. 31. 

Marten: No limit ............................................................................................................................................................. Nov. 10–Feb. 28. 

Mink and Weasel: No limit ............................................................................................................................................. Nov. 10–Feb. 28. 

Muskrat: 2 muskrats ...................................................................................................................................................... Nov. 10–Feb. 28. 

Otter: No limit ................................................................................................................................................................. Nov. 10–Mar. 31. 

Wolf: No limit ................................................................................................................................................................. Nov. 10–Mar. 31. 

Wolverine: No limit ......................................................................................................................................................... Nov. 10–Feb. 28. 

* * * * * 

■ 4. Amend § ll.27 by revising 

paragraphs (e)(3), (6), (7), (9), and (13) 

to read as follows: 

§ll.27 Subsistence taking of fish. 

* * * * * 

(e) * * * 

(3) Yukon-Northern Area. The YukonNorthern Area includes all waters of 

Alaska between the latitude of Point 

Romanof and the latitude of the 

westernmost point of the Naskonat 

Peninsula, including those waters 

draining into the Bering Sea, and all 

waters of Alaska north of the latitude of 

the westernmost tip of Point Hope and 

west of 141° West longitude, including 

those waters draining into the Arctic 

Ocean and the Chukchi Sea. 

(i) Unless otherwise restricted in this 

section, you may take fish in the YukonNorthern Area at any time. In those 

locations where subsistence fishing 

permits are required, only one 

subsistence fishing permit will be 

issued to each household per year. You 

may subsistence fish for salmon with 

rod and reel in the Yukon River 

drainage 24 hours per day, 7 days per 

week, unless rod and reel are 

specifically otherwise restricted in this 

paragraph (e)(3). 

(ii) For the Yukon River drainage, 

Federal subsistence fishing schedules, 

openings, closings, and fishing methods 

are the same as those issued for the 

subsistence taking of fish under Alaska 

statutes (AS 16.05.060), unless 

superseded by a Federal special action. 

(iii) In the following locations, you 

may take salmon during the open 

weekly fishing periods of the State 

commercial salmon fishing season and 

may not take them for 24 hours before 

the opening of the State commercial 

salmon fishing season: 

(A) In District 4, excluding the 

Koyukuk River drainage; 

(B) In Subdistricts 4B and 4C from 

June 15 through September 30, salmon 

may be taken from 6 p.m. Sunday until 

6 p.m. Tuesday and from 6 p.m. 

Wednesday until 6 p.m. Friday; 

(C) In District 6, excluding the 

Kantishna River drainage, salmon may 

be taken from 6 p.m. Friday until 6 p.m. 

Wednesday. 

(iv) During any State commercial 

salmon fishing season closure of greater 

than 5 days in duration, you may not 

take salmon during the following 

periods in the following districts: 

(A) In District 4, excluding the 

Koyukuk River drainage, salmon may 

not be taken from 6 p.m. Friday until 6 

p.m. Sunday; 

(B) In District 5, excluding the Tozitna 

River drainage and Subdistrict 5D, 

salmon may not be taken from 6 p.m. 

Sunday until 6 p.m. Tuesday. 

(v) Except as provided in this section, 

and except as may be provided by the 

terms of a subsistence fishing permit, 

you may take fish other than salmon at 

any time. 

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

4A, excluding the Koyukuk and Innoko 

River drainages, you may not take 

salmon for subsistence purposes during 

the 24 hours immediately before the 

opening of the State commercial salmon 

fishing season. 

(vii) In Districts 1, 2, and 3: 

(A) After the opening of the State 

commercial salmon fishing season 

through July 15, you may not take 

salmon for subsistence for 18 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period; 

(B) After July 15, you may not take 

salmon for subsistence for 12 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period. 

(viii) In Subdistrict 4A after the 

opening of the State commercial salmon 

fishing season, you may not take salmon 

for subsistence for 12 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period; however, you 

may take Chinook salmon during the 

State commercial fishing season, with 

drift gillnet gear only, from 6 p.m. 

Sunday until 6 p.m. Tuesday and from 

6 p.m. Wednesday until 6 p.m. Friday. 

(ix) You may not subsistence fish for 

salmon in the following drainages 

located north of the main Yukon River: 

(A) Kanuti River upstream from a 

point 5 miles downstream of the State 

highway crossing; 

(B) Bonanza Creek; 

(C) Jim River including Prospect and 

Douglas Creeks. 

(x) You may not subsistence fish in 

the Delta River. 

(xi) In Beaver Creek downstream from 

the confluence of Moose Creek, a gillnet 

with mesh size not to exceed 3 inches 

stretch-measure may be used from June 

15 through September 15. You may 

subsistence fish for all non-salmon 

species but may not target salmon 

during this time period (retention of 

salmon taken incidentally to nonsalmon directed fisheries is allowed). 

From the mouth of Nome Creek 

downstream to the confluence of Moose 

Creek, only rod and reel may be used. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 14757 

From the mouth of Nome Creek 

downstream to the confluence of 

O’Brien Creek, the daily harvest and 

possession limit is 5 grayling; from the 

mouth of O’Brien Creek downstream to 

the confluence of Moose Creek, the 

daily harvest and possession limit is 10 

grayling. The Nome Creek drainage of 

Beaver Creek is closed to subsistence 

fishing for grayling. 

(xii) You may take salmon only by 

gillnet, beach seine, dip net, fish wheel, 

or rod and reel, subject to the 

restrictions set forth in this section. 

(A) In the Yukon River drainage, you 

may not take salmon for subsistence 

fishing using gillnets with stretched 

mesh larger than 7.5 inches. 

(B) In Subdistrict 5D, you may take 

salmon once the mid-range of the 

Canadian interim management 

escapement goal and the total allowable 

catch goal are projected to be achieved. 

(C) Salmon may be harvested by dip 

net at any time, except during times of 

conservation when the Federal inseason manager may announce 

restrictions on time, areas, and species. 

(xiii) In District 4, if you are a 

commercial fisherman, you may not 

take salmon for subsistence purposes 

during the State commercial salmon 

fishing season using gillnets with 

stretched-mesh larger than 6 inches after 

a date specified by ADF&G emergency 

order issued between July 10 and July 

31. 

(xiv) In Districts 5 and 6, you may not 

take salmon for subsistence purposes by 

drift gillnets. 

(xv) In District 4, salmon may be 

taken by drift gillnet not more than 150 

feet in length unless restricted by 

special action or as modified by 

regulations in this section. 

(xvi) Unless otherwise specified in 

this section, you may take fish other 

than salmon by set gillnet, drift gillnet, 

beach seine, fish wheel, long line, fyke 

net, dip net, jigging gear, spear, lead, or 

rod and reel, subject to the following 

restrictions, which also apply to 

subsistence salmon fishing: 

(A) During the open weekly fishing 

periods of the State commercial salmon 

fishing season, if you are a commercial 

fisherman, you may not operate more 

than one type of gear at a time, for 

commercial, personal use, and 

subsistence purposes. 

(B) You may not use an aggregate 

length of set gillnet in excess of 150 

fathoms, and each drift gillnet may not 

exceed 50 fathoms in length. 

(C) In Districts 4, 5, and 6, you may 

not set subsistence fishing gear within 

200 feet of other fishing gear operating 

for commercial, personal, or subsistence 

use except that, at the site 

approximately 1 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,’’ you may set 

subsistence fishing gear within 200 feet 

of other operating commercial or 

subsistence fishing gear, and in District 

4, from Old Paradise Village upstream to 

a point 4 miles upstream from Anvik, 

there is no minimum distance 

requirement between fish wheels. 

(D) During the State commercial 

salmon fishing season, within the 

Yukon River and the Tanana River 

below the confluence of the Wood 

River, you may use drift gillnets and 

fish wheels only during open 

subsistence salmon fishing periods. 

(E) In Birch Creek, gillnet mesh size 

may not exceed 3 inches stretchmeasure from June 15 through 

September 15. 

(F) In Racetrack Slough on the 

Koyukuk River and in the sloughs of the 

Huslia River drainage, from when each 

river is free of ice through June 15, the 

offshore end of the set gillnet may not 

be closer than 20 feet from the opposite 

bank except that sloughs 40 feet or less 

in width may have 3/4-width coverage 

with set gillnet, unless closed by 

Federal special action. 

(G) In the Jim River drainage, 

including Prospect and Douglas Creeks, 

you may harvest fish other than salmon 

with rod and reel only; the grayling 

harvest and possession limit is 10 per 

day. 

(xvii) In District 4, from September 21 

through May 15, you may use jigging 

gear from shore ice. 

(xviii) You must possess a subsistence 

fishing permit for the following 

locations: 

(A) For the Yukon River drainage 

from the mouth of Hess Creek to the 

mouth of the Dall River; 

(B) For the Yukon River drainage from 

the upstream mouth of 22 Mile Slough 

to the U.S.-Canada border; 

(C) Only for salmon in the Tanana 

River drainage above the mouth of the 

Wood River. 

(xix) Only one subsistence fishing 

permit will be issued to each household 

per year. 

(xx) In Districts 1, 2, and 3, from June 

1 through July 15, if ADF&G has 

announced that Chinook salmon can be 

sold in the commercial fisheries, you 

may not possess Chinook salmon taken 

for subsistence purposes unless both 

tips (lobes) of the tail fin have been 

removed before the person conceals the 

salmon from plain view or transfers the 

salmon from the fishing site. 

(xxi) In the Yukon River drainage, 

Chinook salmon must be used primarily 

for human consumption and may not be 

targeted for dog food. Dried Chinook 

salmon may not be used for dog food 

anywhere in the Yukon River drainage. 

Whole fish unfit for human 

consumption (due to disease, 

deterioration, and deformities), scraps, 

and small fish (16 inches or less) may 

be fed to dogs. Also, whole Chinook 

salmon caught incidentally during a 

subsistence chum salmon fishery in the 

following time periods and locations 

may be fed to dogs: 

(A) After July 10 in the Koyukuk River 

drainage; 

(B) After August 10, in Subdistrict 5D, 

upstream of Circle City. 

* * * * * 

(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) You may take fish other than 

salmon, rainbow/steelhead trout, or char 

at any time unless restricted under the 

terms of a subsistence fishing permit. If 

you take rainbow/steelhead trout 

incidentally in other subsistence net 

fisheries, you may retain them for 

subsistence purposes. 

(ii) In the Unalaska District, you may 

take salmon for subsistence purposes 

from 6 a.m. until 9 p.m. from January 1 

through December 31, except as may be 

specified on a subsistence fishing 

permit. 

(iii) In the Adak, Akutan, Atka-Amlia, 

and Umnak Districts, you may take 

salmon at any time. 

(iv) You may not subsistence fish for 

salmon in the following waters: 

(A) The waters of Unalaska Lake, its 

tributaries and outlet stream; 

(B) The waters of Summers and 

Morris Lakes and their tributaries and 

outlet streams; 

(C) All streams supporting 

anadromous fish runs that flow into 

Unalaska Bay south of a line from the 

northern tip of Cape Cheerful to the 

northern tip of Kalekta Point; and 

(D) Waters of McLees Lake and its 

tributaries and outlet stream. 

(v) You may take salmon by seine and 

gillnet, or with gear specified on a 

subsistence fishing permit. 

(vi) In the Unalaska District, if you 

fish with a net, you must be physically 

present at the net at all times when the 

net is being used. 

(vii) You may take fish other than 

salmon by gear listed in this part unless 

restricted under the terms of a 

subsistence fishing permit. 

(viii) You may take salmon, trout, and 

char only under the terms of a 


khammond on DSKJM1Z7X2PROD with RULES
14758 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 

subsistence fishing permit, except that 

you do not need a permit in the Akutan, 

Umnak, and Atka-Amlia Islands 

Districts. 

(ix) You may take no more than 250 

salmon for subsistence purposes unless 

otherwise specified on the subsistence 

fishing permit, except that in the 

Unalaska and Adak Districts, you may 

take no more than 25 salmon plus an 

additional 25 salmon for each member 

of your household listed on the permit. 

You may obtain an additional permit. 

(x) You must keep a record on the 

reverse side of the permit of 

subsistence-caught fish. You must 

complete the record immediately upon 

taking subsistence-caught fish and must 

return it no later than October 31. 

(7) Alaska Peninsula Area. The 

Alaska Peninsula Area includes all 

waters of Alaska on the north side of the 

Alaska peninsula southwest of a line 

from Cape Menshikof (57°28.34′ North 

latitude, 157°55.84′ West longitude) to 

Cape Newenham (58°39.00′ North 

latitude, 162° West longitude) and east 

of the longitude of Cape Sarichef Light 

(164°55.70′ West longitude) and on the 

south side of the Alaska Peninsula from 

a line extending from Scotch Cape 

through the easternmost tip of Ugamak 

Island to a line extending 135° southeast 

from Kupreanof Point (55°33.98′ North 

latitude, 159°35.88′ West longitude). 

(i) You may take fish, other than 

salmon, rainbow/steelhead trout, or 

char, at any time unless restricted under 

the terms of a subsistence fishing 

permit. If you take rainbow/steelhead 

trout incidentally in other subsistence 

net fisheries or through the ice, you may 

retain them for subsistence purposes. 

(ii) You may take salmon, trout, and 

char only under the authority of a 

subsistence fishing permit. 

(iii) You must keep a record on the 

reverse side of the permit of 

subsistence-caught fish. You must 

complete the record immediately upon 

taking subsistence-caught fish and must 

return it no later than October 31. 

(iv) You may take salmon at any time, 

except in those districts and sections 

open to commercial salmon fishing 

where salmon may not be taken during 

the 24 hours before and 12 hours 

following each State open weekly 

commercial salmon fishing period, or as 

may be specified on a subsistence 

fishing permit. 

(v) You may take salmon by seine, 

gillnet, rod and reel, or with gear 

specified on a subsistence fishing 

permit. You may also take salmon 

without a permit by snagging (by 

handline or rod and reel), using a spear, 

bow and arrow, or capturing by bare 

hand. 

(vi) You may take fish other than 

salmon by gear listed in this part unless 

restricted under the terms of a 

subsistence fishing permit. 

(vii) You may not use a set gillnet 

exceeding 100 fathoms in length. 

(viii) You may take no more than 250 

salmon for subsistence purposes unless 

otherwise specified on your subsistence 

fishing permit. 

* * * * * 

(9) Kodiak Area. The Kodiak Area 

includes all waters of Alaska south of a 

line extending east from Cape Douglas 

(58°51.10′ North latitude), west of 150° 

West longitude, north of 55°30.00′ North 

latitude, and north and east of a line 

extending 135° southeast for 3 miles 

from a point near Kilokak Rocks at 

57°10.34′ North latitude, 156°20.22′ 

West longitude (the longitude of the 

southern entrance of Imuya Bay), then 

due south. 

(i) You may take fish other than 

salmon, rainbow/steelhead trout, char, 

bottomfish, or herring at any time unless 

restricted by the terms of a subsistence 

fishing permit. If you take rainbow/ 

steelhead trout incidentally in other 

subsistence net fisheries, you may retain 

them for subsistence purposes. 

(ii) You may take salmon for 

subsistence purposes 24 hours a day 

from January 1 through December 31, 

with the following exceptions: 

(A) From June 1 through September 

15, you may not use salmon seine 

vessels to take subsistence salmon for 24 

hours before or during, and for 24 hours 

after, any State open commercial salmon 

fishing period. The use of skiffs from 

any type of vessel is allowed. 

(B) From June 1 through September 

15, you may use purse seine vessels to 

take salmon only with gillnets, and you 

may have no other type of salmon gear 

on board the vessel. 

(iii) You may subsistence fish for 

salmon with rod and reel only in the 

following locations: 

(A) Womens Bay—All waters inside a 

line from the tip of the Nyman 

Peninsula (57°43.23′ North latitude, 

152°31.51′ West longitude), to the 

northeastern tip of Mary’s Island 

(57°42.40′ North latitude, 152°32.00′ 

West longitude), to the southeastern 

shore of Womens Bay at 57°41.95′ North 

latitude, 152°31.50′ West longitude. 

(1) King salmon: bag and possession 

limit of two fish; no size limit; no 

annual limit. 

(2) Salmon, other than king salmon, 

that are: 

(i) 20 inches or greater in length; bag 

and possession limit of five fish, of 

which only two may be coho salmon 

and only two may be sockeye salmon. 

(ii) Less than 20 inches in length; bag 

and possession limit of 10 fish. 

(iii) From September 16 through 

December 31, the bag and possession 

limit for coho salmon, 20 inches or 

greater in length, is one fish. 

(B) Buskin River marine waters—All 

waters inside of a line running from a 

marker on the bluff north of the mouth 

of the Buskin River at approximately 

57°45.80′ North latitude, 152°28.38′ 

West longitude, to a point offshore at 

57°45.35′ North latitude, 152°28.15′ 

West longitude, to a marker located 

onshore south of the river mouth at 

approximately 57°45.15′ North latitude, 

152°28.65′ West longitude. 

(iv) You must have a subsistence 

fishing permit for taking salmon, trout, 

and char for subsistence purposes. You 

must have a subsistence fishing permit 

for taking herring and bottomfish for 

subsistence purposes during the State 

commercial herring sac roe season from 

April 15 through June 30. 

(v) The annual limit for a subsistence 

salmon fishing permit holder is as 

follows: 

(A) In the road-accessible Zone 

(Northeastern Kodiak Island), east of the 

line from Crag Point south to the 

westernmost point of Saltery Cove, 

including the inland waters of Spruce, 

Woody and Long Islands, and the 

Federal marine waters of and around 

Womens Bay, 25 salmon for the permit 

holder 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 

upon request. 

(B) In the remainder of the Kodiak 

Area not described in paragraphs 

(e)(9)(iii)(A) and (e)(9)(v)(A) of this 

section, there is no annual harvest limit 

for a subsistence salmon fishing permit 

holder. 

(vi) You must record on your 

subsistence permit the number of 

subsistence fish taken. You must record 

all harvested fish prior to leaving the 

fishing site and must return the permit 

by the due date marked on the permit. 

(vii) You may take fish other than 

salmon by gear listed in this part unless 

restricted under the terms of a 

subsistence fishing permit. 

(viii) You may take salmon only by 

gillnet, rod and reel, or seine. 

(ix) You must be physically present at 

the net when the net is being fished. 

* * * * * 

(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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 14759 

permit, you may take fish other than 

salmon, trout, grayling, and char in the 

Southeastern Alaska Area at any time. 

(ii) You must possess a subsistence 

fishing permit to take salmon, trout, 

grayling, or char. You must possess a 

subsistence fishing permit to take 

eulachon from any freshwater stream 

flowing into fishing District 1. 

(iii) In the Southeastern Alaska Area, 

a rainbow trout is defined as a fish of 

the species Oncorhyncus mykiss less 

than 22 inches in overall length. A 

steelhead is defined as a rainbow trout 

with an overall length of 22 inches or 

larger. 

(iv) In areas where use of rod and reel 

is allowed, you may use an artificial fly, 

lure, or bait when fishing with rod and 

reel, unless restricted by Federal permit. 

If you use bait, you must retain all 

federally regulated fish species caught, 

and they apply to your applicable daily, 

seasonal, and annual harvest limits for 

that species. 

(A) For streams with steelhead, once 

your daily, seasonal, or annual limit of 

steelhead is harvested, you may no 

longer fish with bait for any species. 

(B) Unless otherwise specified in this 

paragraph (e)(13), allowable gear for 

salmon or steelhead is restricted to gaffs, 

spears, gillnets, seines, dip nets, cast 

nets, handlines, or rod and reel. 

(v) Unless otherwise specified in this 

paragraph (e)(13), you may use a 

handline for snagging salmon or 

steelhead. 

(vi) You may fish with a rod and reel 

within 300 feet of a fish ladder unless 

the site is otherwise posted by the 

USDA Forest Service. You may not fish 

from, on, or in a fish ladder. 

(vii) You may not accumulate Federal 

subsistence harvest limits authorized for 

the Southeastern Alaska Area with any 

harvest limits authorized under any 

State of Alaska fishery with the 

following exception: Annual or seasonal 

Federal subsistence harvest limits may 

be accumulated with State sport fishing 

harvest limits provided that 

accumulation of harvest limits does not 

occur during the same day. 

(viii) If you take salmon, trout, or char 

incidentally with gear operated under 

terms of a subsistence permit for other 

salmon, they may be kept for 

subsistence purposes. You must report 

any salmon, trout, or char taken in this 

manner on your subsistence fishing 

permit. 

(ix) Nets are prohibited in streams 

flowing across or adjacent to the roads 

on Wrangell and Mitkof Islands, and in 

streams flowing across or adjacent to the 

road systems connected to the 

community of Sitka. 

(x) You may not possess subsistencetaken and sport-taken fish of a given 

species on the same day. 

(xi) If a harvest limit is not otherwise 

listed for sockeye in this paragraph 

(e)(13), the harvest limit for sockeye 

salmon is the same as provided for in 

adjacent State subsistence or personal 

use fisheries. If a harvest limit is not 

established for the State subsistence or 

personal use fisheries, the possession 

limit is 10 sockeye and the annual 

harvest limit is 20 sockeye per 

household for that stream. 

(xii) The Sarkar River system above 

the bridge is closed to the use of all nets 

by both federally qualified and nonfederally qualified users. 

(xiii) You may take Chinook, sockeye, 

and coho salmon in the mainstem of the 

Stikine River only under the authority 

of a Federal subsistence fishing permit. 

Each Stikine River permit will be issued 

to a household. Only dip nets, spears, 

gaffs, rod and reel, beach seine, or 

gillnets not exceeding 15 fathoms in 

length may be used. The maximum 

gillnet stretched mesh size is 8 inches 

during the Chinook salmon season and 

51⁄2 inches during the sockeye salmon 

season. There is no maximum mesh size 

during the coho salmon season. 

(A) You may take Chinook salmon 

from May 15 through June 20. The 

annual limit is five Chinook salmon per 

household. 

(B) You may take sockeye salmon 

from June 21 through July 31. The 

annual limit is 40 sockeye salmon per 

household. 

(C) You may take coho salmon from 

August 1 through October 1. The annual 

limit is 20 coho salmon per household. 

(D) You may retain other salmon 

taken incidentally by gear operated 

under terms of this permit. The 

incidentally taken salmon must be 

reported on your permit calendar. 

(E) Fishing nets must be checked at 

least twice each day. 

(xiv) You may take coho salmon with 

a Federal salmon fishing permit. There 

is no closed season. The daily harvest 

limit is 20 coho salmon per household. 

Only dip nets, spears, gaffs, handlines, 

and rod and reel may be used. There are 

specific rules to harvest any salmon on 

the Stikine River, and you must have a 

separate Stikine River subsistence 

salmon fishing permit to take salmon on 

the Stikine River. 

(xv) Unless noted on a Federal 

subsistence harvest permit, there are no 

harvest limits for pink or chum salmon. 

(xvi) Unless otherwise specified in 

this paragraph (e)(13), you may take 

steelhead under the terms of a 

subsistence fishing permit. The open 

season is January 1 through May 31. The 

daily household harvest and possession 

limit is one with an annual household 

limit of two. You may use only a dip 

net, gaff, handline, spear, or rod and 

reel. The permit conditions and systems 

to receive special protection will be 

determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(xvii) You may take steelhead trout on 

Prince of Wales and Kosciusko Islands 

under the terms of Federal subsistence 

fishing permits. You must obtain a 

separate permit for the winter and 

spring seasons. 

(A) The winter season is December 1 

through the last day of February, with 

a harvest limit of two fish per 

household; however, only one steelhead 

may be harvested by a household from 

a particular drainage. You may use only 

a dip net, handline, spear, or rod and 

reel. You must return your winter 

season permit within 15 days of the 

close of the season and before receiving 

another permit for a Prince of Wales/ 

Kosciusko steelhead subsistence fishery. 

The permit conditions and systems to 

receive special protection will be 

determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(B) The spring season is March 1 

through May 31, with a harvest limit of 

five fish per household; however, only 

two steelhead may be harvested by a 

household from a particular drainage. 

You may use only a dip net, handline, 

spear, or rod and reel. You must return 

your spring season permit within 15 

days of the close of the season and 

before receiving another permit for a 

Prince of Wales/Kosciusko steelhead 

subsistence fishery. The permit 

conditions and systems to receive 

special protection will be determined by 

the local Federal fisheries manager in 

consultation with ADF&G. 

(xviii) In addition to the requirement 

for a Federal subsistence fishing permit, 

the following restrictions for the harvest 

of Dolly Varden, brook trout, grayling, 

cutthroat trout, and rainbow trout apply: 

(A) The daily household harvest and 

possession limit is 20 Dolly Varden; 

there is no closed season or size limit. 

(B) The daily household harvest and 

possession limit is 20 brook trout; there 

is no closed season or size limit. 

(C) The daily household harvest and 

possession limit is 20 grayling; there is 

no closed season or size limit. 

(D) The daily household harvest limit 

is 6 and the household possession limit 

is 12 cutthroat or rainbow trout in 

combination; there is no closed season 

or size limit. 

(E) You may use only a rod and reel. 


khammond on DSKJM1Z7X2PROD with RULES
14760 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 

(F) The permit conditions and 

systems to receive special protection 

will be determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(xix) The Klawock River drainage is 

closed to the use of seines and gillnets 

during July and August. 

(xx) The Federal public waters in the 

Makhnati Island area, as defined in 

§ ll.3(b)(5) are closed to the harvest of 

herring and herring spawn, except by 

federally qualified users. 

(xxi) Only federally qualified 

subsistence users may harvest sockeye 

salmon in Neva Lake, Neva Creek, and 

South Creek. 

(xxii) The Federal public waters of 

Kah Sheets Creek are closed from July 

1 to July 31, except by federally 

qualified users. 

Amee Howard, 

Acting Assistant Regional Director, U.S. Fish 

and Wildlife Service. 

Gregory Risdahl, 

Subsistence Program Leader, USDA–Forest 

Service. 

[FR Doc. 2024–04056 Filed 2–28–24; 8:45 am] 

BILLING CODE 4333–15–P; 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1090 

[EPA–HQ–OAR–2022–0513; FRL–9845–02– 

OAR] 

RIN 2060–AV73 

Request From States for Removal of 

Gasoline Volatility Waiver 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to provisions 

specified by the Clean Air Act (CAA), 

the Governors of Illinois, Iowa, 

Minnesota, Missouri, Nebraska, Ohio, 

South Dakota, and Wisconsin submitted 

petitions requesting that EPA remove 

the 1-pound per square inch (psi) Reid 

vapor pressure (RVP) waiver for summer 

gasoline-ethanol blended fuels 

containing 10 percent ethanol (E10). 

EPA is acting on those petitions by 

removing the 1-psi waiver in those 

States effective April 28, 2025. This 

action also finalizes regulatory 

amendments to implement the removal 

of the 1-psi waiver for E10 in those 

States, as well as a regulatory process by 

which a State may request to reinstate 

the 1-psi waiver. Finally, consistent 

with a decision issued by the United 

States Court of Appeals for the D.C. 

Circuit on July 2, 2021, this action 

removes regulations that extended the 1- 

psi waiver to gasoline-ethanol blends 

between 10 and 15 percent ethanol 

(E15). 

DATES: This rule is effective on April 29, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2022–0513. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material is not available 

on the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding this action, contact 

Lauren Michaels, Office of 

Transportation and Air Quality, 

Compliance Division, Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; telephone 

number: (734) 214–4640; email address: 

michaels.lauren@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Does this action apply to me? 

Entities potentially affected by this 

final rule are those involved with the 

production, distribution, and sale of 

transportation fuels, including gasoline 

and diesel fuel. Potentially affected 

categories include: 

Category NAICS1 code Examples of potentially affected entities 

Industry ......................... 211130 Natural gas liquids extraction and fractionation. 

Industry ......................... 221210 Natural gas production and distribution. 

Industry ......................... 324110 Petroleum refineries (including importers). 

Industry ......................... 325110 Butane and pentane manufacturers. 

Industry ......................... 325193 Ethyl alcohol manufacturing. 

Industry ......................... 325199 Manufacturers of gasoline additives. 

Industry ......................... 424710 Petroleum bulk stations and terminals. 

Industry ......................... 424720 Petroleum and petroleum products wholesalers. 

Industry ......................... 447110, 447190 Fuel retailers. 

Industry ......................... 454310 Other fuel dealers. 

Industry ......................... 486910 Natural gas liquids pipelines, refined petroleum products pipelines. 

Industry ......................... 493190 Other warehousing and storage—bulk petroleum storage. 

1 North American Industry Classification System (NAICS). 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be affected by 

this action. Other types of entities not 

listed in the table could also be affected. 

To determine whether your entity 

would be affected by this action, you 

should carefully examine the 

applicability criteria in 40 CFR part 

1090. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Table of Contents 

I. Executive Summary 

II. Volatility Control Background and History 

III. Statutory Authority and Provisions To 

Remove the 1-psi Waiver 

IV. Petitions for Removal of the 1-psi Waiver 

and Supporting Documentation 

A. Petition Background and History 

B. Evaluation of Petitions for Removal of 

the 1-psi Waiver 

V. Fuel System Impacts 

A. Production 

B. Distribution 

C. Retail Operations 

VI. Implementation and Effective Date 

A. Statutory Provisions 

B. Finding of Insufficient Supply for 2024 

and Renewal of Extension of Effective 

Date 

VII. Cost and Price Impacts 

VIII. Associated Regulatory Provisions 


khammond on DSKJM1Z7X2PROD with RULES