[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Rules and Regulations]
[Pages 14746-14760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04056]


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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.

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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 <a href="/cdn-cgi/l/email-protection#35464057465c4641505b5650755342461b525a43"><span class="__cf_email__" data-cfemail="4c3f392e3f253f3829222f290c2a3b3f622b233a">[email protected]</span></a>. For 
questions specific to National Forest System lands, contact Gregory 
Risdahl, Subsistence Program Leader, U.S.

[[Page 14747]]

Department of Agriculture (USDA), Forest Service, Alaska Region; (907) 
302-7354 or <a href="/cdn-cgi/l/email-protection#f0978295979f8289de8299839491989cb085839491de979f86"><span class="__cf_email__" data-cfemail="90f7e2f5f7ffe2e9bee2f9e3f4f1f8fcd0e5e3f4f1bef7ffe6">[email protected]</span></a>. 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-of-contact 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: Sec.  __.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:
    <bullet> A Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
    <bullet> The Alaska Regional Director, U.S. Fish and Wildlife 
Service (FWS);
    <bullet> The Alaska Regional Director, National Park Service (NPS);
    <bullet> The Alaska State Director, Bureau of Land Management 
(BLM);
    <bullet> The Alaska Regional Director, Bureau of Indian Affairs 
(BIA);
    <bullet> The Alaska Regional Forester, USDA Forest Service (USDA-
FS); and
    <bullet> 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 Sec.  __.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 Sec.  __.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 Sec.  
__.24. The modifications for fish and shellfish, along with some 
administrative corrections, were published in the Federal Register as 
follows:

              Table 1--Modifications to Sec.   __.24, Customary and Traditional Use Determinations
----------------------------------------------------------------------------------------------------------------
                                                                Rule made changes to the following provisions of
     Federal Register citation         Date of publication                           __.24
----------------------------------------------------------------------------------------------------------------
59 FR 27462.......................  May 27, 1994.............  Wildlife and Fish/Shellfish.
59 FR 51855.......................  October 13, 1994.........  Wildlife and Fish/Shellfish.
60 FR 10317.......................  February 24, 1995........  Wildlife and Fish/Shellfish.
61 FR 39698.......................  July 30, 1996............  Wildlife and Fish/Shellfish.
62 FR 29016.......................  May 29, 1997.............  Wildlife and Fish/Shellfish.
63 FR 35332.......................  June 29, 1998............  Wildlife and Fish/Shellfish.
63 FR 46148.......................  August 28, 1998..........  Wildlife and Fish/Shellfish.
64 FR 1276........................  January 8, 1999..........  Fish/Shellfish.
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.

[[Page 14748]]

 
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:
    <bullet> provides a subsistence priority on public lands;
    <bullet> is supported by substantial scientific and traditional 
ecological knowledge (TEK) evidence;
    <bullet> recognizes principles of fish and wildlife conservation;
    <bullet> provides opportunity; and
    <bullet> 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 non-consensus 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

[[Page 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]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Federal
      Proposal            Species or issue      Fisheries management area   General description    Subsistence
                                                                                                   Board action
----------------------------------------------------------------------------------------------------------------
FP23-01............  All fish other than        Yukon-Northern Area......  Rescind the Jim       Adopt.
                      salmon; grayling.                                     River drainage
                                                                            closure and modify
                                                                            to allow for the
                                                                            use of rod and reel
                                                                            only; establish a
                                                                            grayling harvest
                                                                            limit.
FP23-02............  Salmon...................  Yukon-Northern Area......  C&T use               Adopt.
                                                                            determination
                                                                            Chevak, Hooper Bay,
                                                                            and Scammon Bay.
FP23-05a...........  Salmon...................  Kodiak Area..............  C&T revision........  Reject.
FP23-05b...........  Salmon...................  Kodiak Area..............  Revisions to area     Reject.
                                                                            descriptors.
FP23-06a...........  Salmon...................  Kodiak Area..............  Rescind closure to    Adopt.
                                                                            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.
FP23-06b...........  Salmon...................  Kodiak Area..............  Rescind closure to    Adopt with
                                                                            subsistence salmon    modification
                                                                            fishing in Buskin     to allow rod
                                                                            River Federal         and reel and
                                                                            marine waters and     remove
                                                                            modify to allow use   reference to
                                                                            of rod and reel and   season dates
                                                                            match State sport     and harvest
                                                                            fishing limits.       limits shall
                                                                                                  be the same as
                                                                                                  taking fish
                                                                                                  under State of
                                                                                                  Alaska sport
                                                                                                  fishing
                                                                                                  regulations.
FP2307.............  Chinook salmon...........  Cook Inlet Area..........  Match State sport     Reject.
                                                                            fishing size limits
                                                                            and gear
                                                                            restrictions for
                                                                            Kenai River Chinook
                                                                            salmon.
FP23-08............  All fish.................  Cook Inlet Area..........  C&T for residents of  Adopt.
                                                                            Moose Pass.
FP23-09............  All fish.................  Cook Inlet Area..........  C&T for residents of  Take no action
                                                                            Moose Pass.           based on
                                                                                                  action on FP23-
                                                                                                  08.
FP23-12............  All fish.................  Cook Inlet Area..........  C&T for residents of  Take no action
                                                                            Moose Pass.           based on
                                                                                                  action on FP23-
                                                                                                  08.
FP23-14............  Salmon...................  Prince William Sound Area  C&T for residents of  Reject.
                                                                            Richardson Highway.
FP23-15............  Salmon...................  Prince William Sound Area  C&T for residents of  Reject.
                                                                            Alaska Highway
                                                                            (from the Canadian
                                                                            border to Dot Lake).
FP23-16............  Salmon...................  Prince William Sound Area  C&T for residents of  Take no action
                                                                            Alaska Highway        based on
                                                                            (from the Canadian    action on FP23-
                                                                            border to Dot Lake).  15.
FP23-19............  Salmon...................  Prince William Sound Area  Rescind lower Copper  Reject.
                                                                            River salmon
                                                                            fishery.
FP23-20............  All shellfish............  Southeastern Alaska Area.  C&T use               Adopt.
                                                                            determination for
                                                                            shellfish in the
                                                                            Southeastern and
                                                                            Yakutat Areas.
FP23-21............  Sockeye salmon...........  Southeastern Alaska Area.  Close Kah Sheets      Adopt as
                                                                            River and Lake to     modified by
                                                                            the harvest of        OSM to close
                                                                            sockeye salmon        Kah Sheets
                                                                            except by federally   Creek to non-
                                                                            qualified             federally
                                                                            subsistence users.    qualified
                                                                                                  subsistence
                                                                                                  users from
                                                                                                  July 1 to July
                                                                                                  31.
FCR23-02...........  All fish.................  Yukon-Northern Area......  Review Kanuti River   Adopted and
                                                                            closure to            modified
                                                                            subsistence fishing   closure to non-
                                                                            upstream from a       salmon species
                                                                            point 5 miles         only.
                                                                            downstream of the
                                                                            State highway
                                                                            crossing.
FCR23-03...........  All fish.................  Yukon-Northern Area......  Review closure to     Adopted and
                                                                            subsistence fishing   modified
                                                                            in the Bonanza        closure by
                                                                            Creek drainage.       rescinding to
                                                                                                  non-salmon
                                                                                                  species only.
FCR23-05...........  All fish.................  Yukon-Northern Area......  Review closure to     Deferred to
                                                                            subsistence fishing   next fisheries
                                                                            in the Delta River.   regulatory
                                                                                                  meeting.
FCR21-08...........  Salmon...................  Aleutian Islands Area....  Review closure to     Retain status
                                                                            subsistence salmon    quo.
                                                                            fishing in the
                                                                            waters of Unalaska
                                                                            Lake, its
                                                                            tributaries and
                                                                            outlet streams.
FCR21-09...........  Salmon...................  Aleutian Islands Area....  Review closure to     Retain status
                                                                            subsistence salmon    quo.
                                                                            fishing in the
                                                                            waters of Summers
                                                                            and Morris Lakes
                                                                            and their
                                                                            tributaries and
                                                                            outlet streams.
FCR21-11...........  Salmon...................  Aleutian Islands Area....  Review closure to     Retain status
                                                                            subsistence salmon    quo.
                                                                            fishing in the
                                                                            waters of McLees
                                                                            Lake and its
                                                                            tributaries and
                                                                            outlet streams.
FCR23-11...........  Salmon...................  Aleutian Islands Area....  Review closure to     Retain status
                                                                            subsistence salmon    quo.
                                                                            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.
FCR23-12...........  Salmon...................  Aleutian Islands Area....  Review closure to     Rescind.
                                                                            subsistence salmon
                                                                            fishing in all
                                                                            Federal freshwaters
                                                                            on Adak and
                                                                            Kagalaska Islands
                                                                            in the Adak
                                                                            District.

[[Page 14750]]

 
FCR21-13...........  Salmon...................  Alaska Peninsula Area....  Review closure to     Rescind.
                                                                            subsistence salmon
                                                                            fishing in the
                                                                            waters of Russel
                                                                            Creek and Nurse
                                                                            Lagoon and within
                                                                            500 yards outside
                                                                            of the mouth of
                                                                            Nurse Lagoon.
FCR23-13...........  Salmon...................  Alaska Peninsula Area....  Review closure to     Rescind.
                                                                            subsistence salmon
                                                                            fishing in Trout
                                                                            Creek and within
                                                                            500 yards outside
                                                                            its mouth.
FCR23-15...........  Salmon...................  Kodiak Area..............  Review closure to     Take no action
                                                                            subsistence salmon    based on FP23-
                                                                            fishing in Women's    06a.
                                                                            Bay Federal marine
                                                                            waters.
FCR21-16...........  Salmon...................  Kodiak Area..............  Review closure to     Take no action
                                                                            subsistence salmon    based on FP23-
                                                                            fishing in Buskin     06b.
                                                                            River Federal
                                                                            marine waters.
FCR21-18...........  Salmon...................  Kodiak Area..............  Review closure to     Rescind.
                                                                            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.
FCR21-19...........  Salmon...................  Kodiak Area..............  Review closure to     Rescind.
                                                                            subsistence salmon
                                                                            fishing in all
                                                                            freshwater systems
                                                                            of Afognak Island.
FCR23-19...........  Salmon...................  Kodiak Area..............  Review closure to     Rescind.
                                                                            subsistence salmon
                                                                            fishing in all
                                                                            Selief Bay Creek
                                                                            waters closed to
                                                                            commercial salmon
                                                                            fishing within 100
                                                                            yards of the
                                                                            terminus of the
                                                                            creek.
FRC23-21...........  King crab................  Kodiak Area..............  Review closure to     Retain status
                                                                            king crab fishing     quo.
                                                                            by non-federally
                                                                            qualified users in
                                                                            all Federal marine
                                                                            waters around
                                                                            Kodiak and Afognak
                                                                            Islands.
FCR23-22...........  Salmon...................  Kodiak Area..............  Review closure to     Rescind.
                                                                            subsistence salmon
                                                                            fishing in waters
                                                                            500 yards seaward
                                                                            of the mouth of
                                                                            Little Kitoi Creek.
FCR23-23...........  Salmon...................  Southeastern Alaska Area.  Review closure to     Rescind.
                                                                            subsistence salmon
                                                                            fishing in the Taku
                                                                            River.
FCR23-24...........  Sockeye salmon...........  Southeastern Alaska Area.  Review closure to     Retain status
                                                                            subsistence salmon    quo.
                                                                            fishing in Neva
                                                                            Lake, Neva Creek,
                                                                            and South Creek.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 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

[[Page 14752]]

    <bullet> Paul McKee, Alaska State Office, Bureau of Land 
Management;
    <bullet> Eva Patton, Alaska Regional Office, National Park Service;
    <bullet> Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
    <bullet> Jill Klein, Alaska Regional Office, U.S. Fish and Wildlife 
Service; and
    <bullet> 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 __--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 
continues to read as follows:

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.

Subpart C--Board Determinations

0
2. Amend Sec.  __.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:


Sec.  __.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    Residents of the
                                 (other than        Yukon-Northern Area.
                                 salmon).
    Remainder of the Yukon-     All fish.........  Residents of the
     Northern Area.                                 Yukon-Northern Area,
                                                    excluding the
                                                    residents of the
                                                    Yukon River drainage
                                                    and excluding those
                                                    domiciled in Unit
                                                    26B.
    Tanana River drainage       Freshwater fish    Residents of the
     contained within the        (other than        Yukon-Northern Area
     Tetlin National Wildlife    salmon).           and residents of
     Refuge and the Wrangell-                       Chistochina,
     St. Elias National Park                        Mentasta Lake,
     and Preserve.                                  Slana, and all
                                                    residents living
                                                    between Mentasta
                                                    Lake and
                                                    Chistochina.
 
                              * * * * * * *
COOK INLET AREA:
    Kenai Peninsula District--  All fish.........  Residents of the
     Waters north of and                            communities of
     including the Kenai River                      Cooper Landing,
     drainage within the Kenai                      Hope, Moose Pass,
     National Wildlife Refuge                       and Ninilchik.
     and the Chugach National
     Forest.
    Waters within the Kasilof   All fish.........  Residents of the
     River drainage within the                      community of
     Kenai National Wildlife                        Ninilchik.
     Refuge.
    Waters within Lake Clark    Salmon...........  Residents of the
     National Park draining                         Tuxedni Bay Area.
     into and including that
     portion of Tuxedni Bay
     within the park.
    Cook Inlet Area...........  Fish other than    Residents of the Cook
                                 salmon, Dolly      Inlet Area.
                                 Varden, trout,
                                 char, grayling,
                                 and burbot.
    Remainder of the Cook       Salmon, Dolly      All rural residents.
     Inlet Area.                 Varden, trout,
                                 char, grayling,
                                 and burbot.
 
                              * * * * * * *
------------------------------------------------------------------------

    (3) * * *

                       Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
Bering Sea Area...............  All shellfish....  Residents of the
                                                    Bering Sea Area.
Alaska Peninsula-Aleutian       Shrimp; Dungeness  Residents of the
 Islands Area.                   and Tanner crab.   Alaska Peninsula-
                                                    Aleutian Islands
                                                    Area.
Kodiak Area...................  Shrimp; Dungeness  Residents of the
                                 and Tanner crab.   Kodiak Area.

[[Page 14753]]

 
    Kodiak Area, except for     King crab........  Residents of the
     the Semidi Island, the                         Kodiak Island
     North Mainland, and the                        Borough, except
     South Mainland Sections.                       those residents on
                                                    the Kodiak Coast
                                                    Guard base.
Cook Inlet Area:
    Federal waters in the       Shellfish........  Residents of Tuxedni
     Tuxedni Bay Area within                        Bay, Chisik Island,
     the boundaries of Lake                         and Tyonek.
     Clark National Park.
Prince William Sound Area.....  Shrimp; clams;     Residents of the
                                 Dungeness, king,   Prince William Sound
                                 and Tanner crab.   Area.
Southeastern Alaska--Yakutat    All shellfish....  Residents of
 Area.                                              Southeastern Alaska
                                                    and Yakutat Fishery
                                                    Management Areas.
------------------------------------------------------------------------

Subpart D--Subsistence Taking of Fish and Wildlife

0
3. Amend Sec.  __.26 by revising paragraphs (n)(9) and (17) to read as 
follows:


Sec.  __.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.

[[Page 14754]]



                       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         July 1-June 30.
     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.
    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           Sep. 1-May 31.
     registration permit only.
    Unit 9C--1 bear by Federal registration       Oct. 1-May 31.
     permit only.
    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       Sep. 25-Dec. 31; Apr.
     permit.                                       15-May 25.
Caribou:
    Unit 9A--up to 2 caribou by State             Season may be
     registration permit.                          announced between
                                                   Aug. 1-Mar. 15.
    Unit 9B--up to 2 caribou by State             Season may be
     registration permit.                          announced between
                                                   Aug. 1-Mar. 31.
    Unit 9C, that portion within the Alagnak      Season may be
     River drainage--up to 2 caribou by State      announced between
     registration permit.                          Aug. 1-Mar. 15.
    Unit 9C, that portion draining into the       Season may be
     Naknek River from the north, and Graveyard    announced between
     Creek and Coffee Creek--up to 2 caribou by    Aug. 1-Mar. 15.
     State registration permit.
    Unit 9C, remainder--1 bull by Federal         May be announced.
     registration permit or State permit.
     Federal public lands are closed to the
     taking of caribou except by residents of
     Unit 9C and Egegik.
    Unit 9D--1-4 caribou by Federal registration  Aug. 1-Sep. 30; Nov.
     permit only.                                  15-Mar. 31.
    Unit 9E--1 bull by Federal registration       May be announced.
     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.
Sheep:
    Unit 9B, that portion within Lake Clark       July 15-Oct. 15; Jan.
     National Park and Preserve--1 ram with \3/    1-Apr. 1.
     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.
    Unit 9B, remainder--1 ram with \7/8\ curl or  Aug. 10-Oct. 10.
     larger horn by Federal registration permit
     only.
    Unit 9, remainder--1 ram with \7/8\ curl or   Aug. 10-Sep. 20.
     larger horn.
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       Sep. 1-20; Dec. 1-31.
     Naknek River from the north--1 bull by
     State registration permit.
    Unit 9C, that portion draining into the       Aug. 20-Sep. 20; Dec.
     Naknek River from the south--1 bull by        1-31.
     State registration permit. Public lands are
     closed during December for the hunting of
     moose, except by federally qualified
     subsistence users hunting under these
     regulations.
    Unit 9C, remainder--1 bull by State           Sep. 1-20; Dec. 15-
     registration permit.                          Jan. 15.
    Unit 9D--1 bull by Federal registration       Dec. 15-Jan. 20.
     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.
    Unit 9E--1 bull by State registration         Sep. 1-25; Dec. 1-Jan.
     permit; however, only antlered bulls may be   31.
     taken 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       Sep. 1-Feb. 15.
 Phases): 2 foxes.
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    Aug. 10-last day of
 per day, 20 in possession.                        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       Nov. 10-Feb. 28.
 Phases): No limit.
Lynx: No limit..................................  Nov. 10-Feb. 28.

[[Page 14755]]

 
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              Sep. 1-May 31.
 registration permit only.
Caribou: Unit 17A, all drainages west of Right    Season may be
 Hand Point--up to 2 caribou by State              announced between
 registration permit.                              Aug. 1-Mar. 31.
    Units 17A and 17C, that portion of 17A and    Aug. 1-Mar. 31.
     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.
    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--     Season may be
     selected drainages; a harvest limit of up     announced between
     to 2 caribou by State registration permit     Aug. 1 and Mar. 31.
     will be determined at the time the season
     is announced.
    Units 17B and 17C, that portion of 17C east   Season may be
     of the Wood River and Wood River Lakes--up    announced between
     to 2 caribou by State registration permit.    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     Aug. 25-Sep. 25.
 permit; or.
    1 antlerless moose by State registration      Aug. 25-Sep. 25.
     permit; or.
    Unit 17A--up to 2 moose; one antlered bull    Up to a 31-day season
     by State registration permit, one             may be announced
     antlerless moose by State registration        between Dec. 1 and
     permit.                                       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       Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare:
    Snowshoe hare: No limit.....................  July 1-June 30.

[[Page 14756]]

 
    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     Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock and Willow): 20 per day, 40 in    Aug. 10-Apr. 30.
 possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 17--No limit.......................  Oct. 10-Mar. 31.
    Unit 17--2 beaver per day. Only firearms may  Apr. 15-May 31.
     be used.
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       Nov. 10-Mar. 31.
 Phases): No limit.
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.
------------------------------------------------------------------------

* * * * *

0
4. Amend Sec.  __.27 by revising paragraphs (e)(3), (6), (7), (9), and 
(13) to read as follows:


Sec.  __.27  Subsistence taking of fish.

* * * * *
    (e) * * *
    (3) Yukon-Northern Area. The Yukon-Northern 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[deg] 
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 Yukon-Northern 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 non-salmon directed 
fisheries is allowed). From the mouth of Nome Creek downstream to the 
confluence of Moose Creek, only rod and reel may be used.

[[Page 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 in-season 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 
stretch-measure 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[deg] East longitude, and south of 54[deg]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

[[Page 14758]]

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[deg]28.34' North latitude, 
157[deg]55.84' West longitude) to Cape Newenham (58[deg]39.00' North 
latitude, 162[deg] West longitude) and east of the longitude of Cape 
Sarichef Light (164[deg]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[deg] southeast 
from Kupreanof Point (55[deg]33.98' North latitude, 159[deg]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[deg]51.10' North 
latitude), west of 150[deg] West longitude, north of 55[deg]30.00' 
North latitude, and north and east of a line extending 135[deg] 
southeast for 3 miles from a point near Kilokak Rocks at 57[deg]10.34' 
North latitude, 156[deg]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[deg]43.23' North latitude, 152[deg]31.51' West 
longitude), to the northeastern tip of Mary's Island (57[deg]42.40' 
North latitude, 152[deg]32.00' West longitude), to the southeastern 
shore of Womens Bay at 57[deg]41.95' North latitude, 152[deg]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[deg]45.80' North latitude, 152[deg]28.38' West 
longitude, to a point offshore at 57[deg]45.35' North latitude, 
152[deg]28.15' West longitude, to a marker located onshore south of the 
river mouth at approximately 57[deg]45.15' North latitude, 
152[deg]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

[[Page 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 subsistence-taken 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 non-federally 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 5\1/2\ 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.

[[Page 14760]]

    (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 Sec.  __.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


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