99-11. Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, C, and D, Redefinition to Include Waters Subject to Subsistence Priority

[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Rules and Regulations]
[Pages 1276-1313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11]



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Part II





Department of Agriculture





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Forest Service



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Department of the Interior





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Fish and Wildlife Service



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36 CFR Part 242



50 CFR Part 100



Subsistence Management Regulations for Public Lands in Alaska, Subparts 
A, B, C, and D, Redefinition to Include Waters Subject to Subsistence 
Priority; Final Rule

Federal Register / Vol. 64, No. 5 / Friday, January 8, 1999 / Rules 
and Regulations

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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

RIN 1018-AD68


Subsistence Management Regulations for Public Lands in Alaska, 
Subparts A, B, C, and D, Redefinition to Include Waters Subject to 
Subsistence Priority

AGENCY: Forest Service, Agriculture; and Fish and Wildlife Service, 
Interior.

ACTION: Final rule.

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SUMMARY: This rule amends the scope and applicability of the Federal 
Subsistence Management Program in Alaska to include subsistence 
activities occurring on inland navigable waters in which the United 
States has a reserved water right and to identify specific Federal land 
units where reserved water rights exist. The amendments also extend the 
Federal Subsistence Board's management to all Federal lands selected 
under the Alaska Native Claims Settlement Act and the Alaska Statehood 
Act and situated within the boundaries of a Conservation System Unit, 
National Recreation Area, National Conservation Area, or any new 
national forest or forest addition, until conveyed to the State of 
Alaska or an Alaska Native Corporation, as required by the Alaska 
National Interest Lands Conservation Act (ANILCA). In addition, the 
amendments specify that the Secretaries are retaining the authority to 
determine when hunting, fishing or trapping activities taking place in 
Alaska off the public lands interfere with the subsistence priority on 
the public lands to such an extent as to result in a failure to provide 
the subsistence priority and to take action to restrict or eliminate 
the interference. The Departments also provide the Federal Subsistence 
Board with authority to investigate and make recommendations to the 
Secretaries regarding the possible existence of additional Federal 
reservations, Federal reserved water rights or other Federal interests, 
including those which attach to lands in which the United States has 
less than fee ownership. The regulatory amendments conform the Federal 
subsistence management regulations to the court decree issued in State 
of Alaska v. Babbitt, 72 F.3d 698 (9th Cir. 1995) cert denied 517 U.S. 
1187 (1996). The rule includes updated Customary and Traditional Use 
Determinations and annual seasons and harvest limits for fisheries. 
This rulemaking also responds to the Petitions for Rulemaking submitted 
by the Northwest Arctic Regional Council al. on April 12, 1994, and the 
Mentasta Village Council, al. on July 15, 1993.

DATES: Sections ____.1 through ____.24 are effective October 1, 1999. 
Sections ____.26 and ____.27 are effective October 1, 1999 through 
February 29, 2001.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Thomas H. Boyd, [phone]. For 
questions specific to National Forest System lands, contact Ken 
Thompson, Regional Subsistence Program Manager, USDA, Forest Service, 
Alaska Region, [phone].

SUPPLEMENTARY INFORMATION:

Background

    The Federal Subsistence Board assumed subsistence management 
responsibility for public lands in Alaska in 1990, after the Alaska 
Supreme Court ruled in McDowell v. State of Alaska, 785 P.2d 1 (Alaska. 
1989), reh'g denied (Alaska 1990), that the rural preference contained 
in the State's subsistence statute violated the Alaska Constitution. 
This ruling put the State's subsistence program out of compliance with 
Title VIII of the Alaska National Interest Lands Conservation Act 
(ANILCA) and resulted in the Secretaries assuming subsistence 
management on the public lands in Alaska. The ``Temporary Subsistence 
Management Regulations for Public Lands in Alaska, Final Temporary 
Rule'' was published in the Federal Register (55 FR 27114-27170) on 
June 29, 1990. The ``Subsistence Management Regulations for Public 
Lands in Alaska; Final Rule'' was published in the Federal Register (57 
FR 22940-22964) on May 29, 1992.
    In both cases, the rule ``generally excludes navigable waters'' 
from Federal subsistence management, 55 FR 27114, 27115 (1990); 57 FR 
22940, 22942 (1992). In a lawsuit consolidated with Alaska v. Babbitt, 
plaintiff Katie John challenged these rules, arguing that navigable 
waters are properly included within the definition of ``public lands'' 
set out in ANILCA. At oral argument before the United States District 
Court for Alaska, the United States took the position that Federal 
reserved water rights which encompass the subsistence purpose are 
public lands for purposes of ANILCA. The United States Court of Appeals 
for the Ninth Circuit subsequently held: ``[T]he definition of public 
lands includes those navigable waters in which the United States has an 
interest by virtue of the reserved water rights doctrine.'' Alaska v. 
Babbitt, 72 F.3d at 703-704. In the course of its decision, the Ninth 
Circuit also directed: ``[T]he federal agencies that administer the 
subsistence priority are responsible for identifying those waters.'' 
Id. at 704.
    These amendments conform the Federal subsistence management 
regulations to the Ninth Circuit's ruling in Alaska v. Babbitt. As the 
Ninth Circuit directed, this document identifies Federal land units in 
which reserved water rights exist. These are ``public lands'' under the 
Ninth Circuit's decision in Alaska v. Babbitt and thus are subject to 
the Federal subsistence priority in Title VIII of ANILCA. The 
amendments also provide the Federal Subsistence Board with clear 
authority to administer the subsistence priority in these waters.
    This Final Rule is not effective until October 1, 1999, in 
accordance with language contained in the Omnibus Appropriations Bill 
for FY99, which prohibits the implementation and enforcement of 
regulations related to expanded jurisdiction for subsistence management 
until October 1, but does allow publication of this rule. However, 
should the Secretary of the Interior certify before October 1, 1999, 
that the Alaska State Legislature has passed a bill or resolution to 
amend the Constitution of the State of Alaska, that, if approved by the 
electorate, would enable the implementation of State laws consistent 
with and which provide for the definition, preference, and 
participation described in Sections 803, 804, and 805 of ANILCA, then 
these regulations will be held in abeyance until December 1, 2000, and 
a timely document will be published in the Federal Register delaying 
the effective date.
    On July 15, 1993, the Mentasta Village Council, Native Village of 
Quinhagak, Native Village of Goodnews Bay, Alaska Federation of 
Natives, Alaska Inter-tribal Council, RurAL CAP, Katie John, Doris 
Charles, Louie Smith and Annie Cleveland filed a ``Petition for 
Rulemaking by the Secretaries of Interior and Agriculture that 
Navigable Waters and Federal Reserved Waters are `Public Lands' Subject 
to Title VIII of ANILCA's Subsistence Priority.'' On April 12, 1994, 
the Northwest Arctic Regional Council, Stevens Village Council, 
Kawerak, Inc., Copper River Native Association, Alaska Federation of 
Natives, Alaska Inter-tribal Council, RurAL CAP and Dinyee Corporation

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filed a ``Petition for Rule-Making by the Secretaries of Interior and 
Agriculture that Selected But Not Conveyed Lands Are To Be Treated as 
Public Lands for the Purposes of the Subsistence Priority in Title VIII 
of ANILCA and that Uses on Non-Public Lands in Alaska May Be Restricted 
to Protect Subsistence Uses on Public Lands in Alaska.'' A Request for 
Comments on this Petition was published at 60 FR 6466 (1995). This rule 
also responds to both petitions for rulemaking.

Federal Subsistence Regional Advisory Councils

    Alaska has been divided into ten subsistence resource regions, each 
of which is represented by a Federal Subsistence Regional Advisory 
Council. The Regional Councils provide a forum for rural residents with 
personal knowledge of local conditions and resource requirements to 
have a meaningful role in the subsistence management of fish and 
wildlife on Alaska public lands. The Regional Council members represent 
geographical, cultural, and user diversity within each region.
    The Regional Councils have had a substantial role in reviewing the 
proposed rule and making recommendations for the final rule.

Public Review and Comment

    The Secretaries published an Advance Notice of Proposed Rulemaking 
(ANPR) (61 FR 15014) on April 4, 1996, and during May and June held 
eleven public hearings around Alaska to solicit comments on the Advance 
Notice. On December 17, 1997, the Secretaries published a Proposed Rule 
(62 FR 66216) and held 31 public hearings around the State, as well as 
soliciting input from the ten Federal Regional Subsistence Advisory 
Councils. The Proposed Rule was also available for review through the 
Office of Subsistence Management's home page at http://www.r7.fws.gov/
asm/home.html.
    In addition to the oral testimony received at the public hearings 
and Regional Council meetings, we received an additional 74 written 
comments. The comments received both in writing and during the hearings 
provided the agencies with a sense of how the public viewed the general 
jurisdictional concepts and practical implementation aspects of the 
rule.

Analysis of Federal Subsistence Regional Advisory Councils' 
Comments

    The ten Regional Councils were given an opportunity to comment on a 
draft of the Proposed Rule during their regular meetings in the fall of 
1997, and then again on the Proposed Rule itself during their winter 
1998 meetings. This section summarizes the comments received from the 
Councils and our analysis of those comments.
    Southeast Regional Council--Some Council members expressed a need 
to include under Federal jurisdiction all lands and waters originally 
included in the proclamation establishing the Tongass National Forest, 
including the marine waters. This issue is the subject of pending 
litigation, Peratrovich v. United States, A92-734 (D-AK); therefore, 
the Final Rule will not be modified to include the marine waters within 
the original proclamation area.
    Southcentral Regional Council--The Regional Council asked a number 
of questions but had no recommendations.
    Kodiak/Aleutians Regional Council--The Regional Council expressed 
concern regarding the loss over time of subsistence marine resources. 
It did not make any formal recommendation on the Proposed Rule. The 
regulations clearly identify which marine waters are under Federal 
jurisdiction by referring to the original Federal Register publications 
delineating boundaries of the listed Federal land units. The issue of 
expanding the Federal jurisdiction to other marine waters outside the 
listed Federal land units is beyond the scope of this rule.
    Bristol Bay Regional Council--The Council expressed concern that 
customary and traditional use determination findings for some 
communities need to be revised and that wording on the take of rainbow 
trout and steelhead should be revised. Additional concern was expressed 
about how to deal with the definition of customary trade and 
implementing regulations. Changes to the customary and traditional use 
determinations and taking regulations on rainbow trout would be more 
appropriately handled as proposals. This suggestion should be submitted 
to the Federal Subsistence Board for consideration as a proposal during 
a standard regulatory cycle for fish proposals. We did modify the 
customary trade regulations slightly to clarify them, but have not 
included a definition of ``significant commercial enterprise'' or 
placed any dollar limits on an allowable level of customary trade. The 
regulations in this rule clearly limit the sale of subsistence-caught 
fish to customary and traditional practices. We agree with the 
commentors who said that specific decisions on customary trade should 
be made at the local level. We anticipate working closely with Regional 
Advisory Councils to identify where specific limits should be 
implemented. These limits may vary in different regions of the State.
    Yukon-Kuskokwim Delta Regional Council--The Regional Council 
suggested more publicity clarifying the program, particularly in 
smaller, coastal villages and a publicity effort to let people know 
what is going to happen before it actually does. After publication, a 
condensed easy-to-read booklet with the regulations will be prepared 
and distributed to the public. The field offices of the Federal 
agencies that are a part of the Federal Subsistence Board will make 
this regulation, and information about the Federal program, available 
to villages within their areas.
    Western Interior Regional Council--The Council expressed concern 
regarding the regulations addressing customary trade and the necessity 
to provide for ongoing practices; also the necessity to prevent wanton 
waste. We have added language prohibiting wanton waste of subsistence-
taken fish and shellfish. We did modify the customary trade regulations 
slightly to clarify them, but have not included a definition of 
``significant commercial enterprise'' or placed any dollar limits on an 
allowable level of customary trade. The regulations in this rule 
clearly limit the sale of subsistence-caught fish to customary and 
traditional practices. We agree with the commentors who said that 
specific decisions on customary trade should be made at the local 
level. We anticipate working closely with Regional Advisory Councils to 
identify where specific limits should be implemented. These limits may 
vary in different regions of the State.
    Seward Peninsula Regional Council--The Regional Council asked a 
number of questions but had no recommendations.
    Northwest Arctic Regional Council--The Regional Council had one 
recommendation: to eliminate a subsistence fishing closure where no 
similar sport closure currently exists. Recommendations for specific 
closures would be more appropriately handled as proposals. This 
suggestion should be submitted to the Federal Subsistence Board for 
consideration as a proposal during a standard regulatory cycle for fish 
proposals.
    Eastern Interior Regional Council--The Council expressed concern 
regarding restrictions on customary trade. They asked that sections be 
rewritten to allow subsistence harvest by commercial license holders, 
and also recommended that agreements be made for local harvest data 
collection, and recommended that the ``two basket'' restriction for 
fishwheels not apply to the Yukon, Kuskokwim, Tanana, and

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Copper Rivers. The existing regulations already authorize the Board to 
enter into cooperative agreements for harvest data collection. The 
recommendation related to the ``two basket'' restriction for fishwheels 
would be more appropriately handled as a proposal. This suggestion 
should be submitted to the Federal Subsistence Board for consideration 
as a proposal during a standard regulatory cycle for fish proposals. We 
did modify the customary trade regulations slightly to clarify them, 
but have not included a definition of ``significant commercial 
enterprise'' or placed any dollar limits on an allowable level of 
customary trade. The regulations in this rule clearly limit the sale of 
subsistence-caught fish to customary and traditional practices. We 
agree with the commentors who said that specific decisions on customary 
trade should be made at the local level. We anticipate working closely 
with Regional Advisory Councils to identify where specific limits 
should be implemented. These limits may vary in different regions of 
the State.
    North Slope Regional Council--The Regional Council comments 
centered around not creating any more restrictions on the Inupiaq way 
of life. The Council recommended that the C & T restriction for Unit 
26(B) be stated more clearly as ``except for those living in Prudhoe 
Bay and other oil industry complexes.'' Changes to the customary and 
traditional use determinations would be more appropriately handled as 
proposals. This suggestion should be submitted to the Federal 
Subsistence Board for consideration as a proposal during a standard 
regulatory cycle for fish proposals.

Analysis of Public Comments

General Comments

    Several commentors questioned the adequacy of the Environmental 
Assessment, and suggested that it significantly understated the 
economic impacts of the Proposed Rule, particularly because of 
``customary trade'' provisions of the rule. One commentor said that 
there should be an economic cost-benefit analysis done, and another 
said that the Proposed Rule was in violation of the Regulatory 
Flexibility Act, because no regulatory flexibility analysis was 
performed. The Final Rule is not expected to have a significant impact 
on either the physical environment or the socio-economic activities 
generated by Alaska's fisheries. For the most part, this rule continues 
pre-existing subsistence harvest activities at a level already 
occurring under State management. If there is any additional 
reallocation of fish or wildlife resources to subsistence users adopted 
in future annual regulations, it will likely be a relatively minor 
additional percentage of the fish harvested annually for other purposes 
in Alaska. ANILCA Title VIII does not require a cost-benefit analysis, 
nor does NEPA require such an analysis in the Environmental Assessment. 
Federal subsistence management under Title VIII of ANILCA will be 
designed to protect existing customary and traditional subsistence 
uses, including ongoing customary trade which may not be sanctioned by 
existing State regulations. It is not the intent of these regulations 
to encourage new subsistence fisheries. Because of this, the 
Departments certify that the proposed action represented by this final 
rulemaking will not have a significant effect on small entities and a 
flexibility analysis under the Regulatory Flexibility Act, Public Law 
96-354, is not required.
    One commentor said that the Proposed Rule violated Executive Order 
12612, stating that it requires Federal agencies to examine the 
authority supporting any Federal action to limit the policy-making 
discretion of the states. The Final Rule clearly complies with 
Executive Order 12612, since it is implementing the U.S. Ninth Circuit 
Court of Appeals decision in State of Alaska v. Babbitt, 72 F.3d 698 
(9th Cir. 1995) cert denied 517 U.S. 1187 (1996).
    One commentor said that the Proposed Rule violated Executive Order 
12866, stating that it requires Federal agencies to seek special 
involvement of those expected to be burdened by any regulation, 
specifically State officials, and stated that such involvement has not 
occurred. This rule does not impose any new requirements on the State 
of Alaska. The Board has worked closely with the State of Alaska since 
the inception of Federal subsistence management in 1990 and has 
continued to do so throughout the development of this rule. Cooperative 
agreements and cooperative management efforts with the State are 
beneficial to both parties and are ongoing.
    The same commentor suggested the proposed rule also violated 
Executive Order 12988, stating that it requires regulations be written 
to minimize litigation and to provide a clear legal standard for 
affected conduct. Several provisions of the proposed rule have been 
modified in this final rule to clarify the legal standard for conduct. 
However, other provisions are unchanged in order to create a regulatory 
framework that will implement the subsistence priority mandates of 
ANILCA Title VIII, minimize socio-economic impacts, and ensure that 
resource conservation standards in ANILCA are met.
    One commentor said that these regulations should comply with the 
Clean Water and Antidegredation Acts. These regulations are consistent 
with the Clean Water Act and all other Federal laws.
    One commentor recommended that the Federal Subsistence Board adopt 
an expedited process so that recommendations for regulatory changes 
could be adopted for the 1999 fishing season. The Board can not do 
this, because of the existence of Congressional limitations on 
implementation. Legislation enacted in October 1998 restricts 
implementation of these regulations until October 1, 1999.
    One commentor recommended that the government should hire locally 
to manage the fisheries. The Federal agencies that are members of the 
Federal Subsistence Board will utilize the local hire authority of 
ANILCA to the maximum extent possible when hiring personnel to work in 
the Federal program.
    One commentor suggested that the regulations needed to be written 
in plainer language and that the Federal Subsistence Board should send 
representatives to villages to explain them before the regulations go 
into effect. The regulations have been significantly re-written to put 
them in to plain language. After publication a condensed easy to read 
booklet with the regulations will be prepared and distributed to the 
public. The Board has made considerable effort to provide information 
about the expanded Federal fishery management program through numerous 
public hearings, regional advisory council meetings, press releases, 
and wide dissemination of information to an extensive mailing list. 
This final regulation will be mailed to over 2700 individuals and 
organizations in Alaska. The field offices of the Federal agencies that 
are a part of the Federal Subsistence Board will make this regulation, 
and information about the Federal program, available to villages within 
their areas.
    One commentor said that there was no Alaska Native organization 
listed as being involved in the drafting of the proposed rule. Native 
organizations throughout the State have had an opportunity to provide 
input on this rule a number of times--after the issuance of the 
Advanced Notice of Proposed Rulemaking (April 4, 1996), during Regional 
Advisory Council meetings held throughout the State in

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the fall of 1997, during a 120-day public comment period after the 
publication of the proposed rule on December 17, 1997, and during 31 
public hearings and 10 Regional Advisory Council meetings held around 
the State during that public comment period. In addition, as a member 
of the Federal Subsistence Board, the Bureau of Indian Affairs has been 
directly involved in the drafting of the Proposed Rule and this Final 
Rule.

Subpart A--General Provisions

____.2 Authority.

    One commentor asked how the Pacific Salmon Treaty with Canada fit 
in with these regulations. These regulations are consistent with all 
existing treaties.

____.3 Applicability and scope.

    The suggestion was made to include navigable waters on BLM lands. 
BLM lands set aside for specific purposes, such as Steese and White 
Mountains Conservation Areas, have Federal reserved water rights and 
are included within the scope of these regulations. Other BLM lands are 
general public domain lands without specific purposes and do not have 
reserved water rights.
    Several commentors suggested that waters with Federal subsistence 
jurisdiction should be delineated the same for Forest Service lands as 
they are for Department of the Interior lands, and that Federal 
jurisdiction should be extended to include the marine waters identified 
in the 1907 Tongass National Forest Proclamation. The Final Rule has 
been modified from the Proposed Rule so that the definition of inland 
waters covered under this rule is consistent for Forest Service and DOI 
waters. The Federal subsistence jurisdiction asserted in the Final Rule 
applies to waters where the Federal government holds a reserved water 
right or holds title to the waters or submerged lands. A Federal water 
right exists in inland waters within or adjacent to Federal 
conservation system units and national forests. The question of Federal 
jurisdiction over marine waters included in the Tongass Proclamation is 
the subject of pending litigation in Peratrovich v. United States, A92-
734 (D. AK), and therefore those marine waters are not included in this 
rule.
    Five commentors suggested that the scope of the Federal fishery 
management should be extended to include waters on Native corporation 
lands or to include all navigable waters within the state of Alaska. To 
do so would improperly extend the scope of the Federal program beyond 
the scope of Title VIII of ANILCA or the direction of the Ninth Circuit 
Court in the Katie John decision. In Title VIII Congress mandated the 
implementation of a subsistence priority on Federal public lands. 
Native corporation and other non-Federal lands and waters located 
beyond the boundaries of the conservation system units and other areas 
specified in Sec. ____.3 do not fall within the scope of Title VIII. In 
the Katie John decision, the Ninth Circuit Court ruled that the Federal 
program should include those waters where the Federal government 
retains a reserved water right. Those waters are identified in 
Sec. ____.3 of this rule.
    Two commentors questioned the inclusion of inland waters adjacent 
to conservation system unit boundaries within the scope of Federal 
subsistence jurisdiction, and also questioned the inclusion of waters 
on inholdings within those unit boundaries. We have determined that a 
Federal reserved water right exists in those waters and that their 
inclusion is necessary for effective management of subsistence 
fisheries. Therefore, they are included.
    One commentor said that waters flowing through or adjacent to 
Native allotments should be subject to the Federal subsistence 
jurisdiction. Many Native allotments are within the boundaries of the 
Federal lands identified in Sec. ____.3 of this rule, and therefore 
waters flowing through or adjacent to those allotments are subject to a 
Federal reserved water right and Federal subsistence jurisdiction. 
However, Native allotments falling outside of the lands and waters 
identified in Sec. ____.3 are not included. Whether there are Federal 
reserved water rights associated with any of these small, scattered 
parcels would have to be determined on a case-by-case basis. These 
regulations contain a process for the Board to make recommendations to 
the Secretaries for additions, if necessary.
    One commentor said that the proposed regulations did not address 
problems with sport fishing lodges in the Togiak drainage, or with 
other issues related to sport and commercial fishing or pollution of 
spawning grounds. This rule provides an opportunity for, and regulates, 
subsistence hunting, trapping, and fishing only. As such, the 
regulations do not contain specific provisions for sport or commercial 
fishing. However, the impacts of all fishery allocations and harvests 
were considered in the preparation of this Final Rule, and will be 
considered in the annual review of Subpart D regulations.
    One commentor said that lakes should be included within the Federal 
program, and specifically mentioned Teshekpuk Lake. One commentor 
recommended that the Delta River, all of the Gulkana River, Tiekel 
River and Little Tonsina River should be included in the Federal 
program. All inland waters (including lakes and rivers) within and 
adjacent to the areas identified in Sec. ____.3 of this rule are 
included in the Federal subsistence jurisdiction. Teshekpuk Lake is 
included. Those portions of the above-named rivers that are included 
within or adjacent to the boundaries of the units identified in 
Sec. ____.3 of these regulations are included within the Federal 
subsistence jurisdiction; any waters falling outside of the units 
identified are not included.
    Two commentors said that Glacier Bay National Park should be 
included in these regulations. When Congress passed ANILCA, it stated 
(in Sections 203 and 1314(c)) that subsistence uses are permitted only 
in those national park or national monument areas where specifically 
authorized by the Act. Subsistence uses in Glacier Bay National Park 
were not specifically permitted by the Act, and can therefore not be 
authorized by these regulations.
    One commentor noted that this rule would not protect subsistence 
opportunities on Native corporation lands. This is correct, since 
Native corporation lands (which have been conveyed or interim conveyed 
to corporations) are no longer Federal lands and thus not within the 
scope of the subsistence priority of ANILCA. However, any inland waters 
located within or adjacent to the external boundaries of the units 
identified in Sec. ____.3 will fall within Federal subsistence 
jurisdiction.
    Numerous commentors said that the proposed rule did not clearly 
identify where the proposed rule would apply, particularly with regards 
to marine waters. The same commentors also said that there were 
specific regulations regarding the taking of fish and shellfish in 
Secs. ____.26 and 27 of this rule that related to fisheries where there 
did not appear to be any Federal waters or reserved water rights. The 
Final Rule lists the Federal land units where the rule will apply in 
Sec. ____.3. Pursuant to Section 103 of ANILCA, maps and detailed legal 
descriptions of the boundaries of those National Park Service and Fish 
and Wildlife Service units were published in the Federal Register, 
including descriptions of the boundaries of units of the National 
Wildlife Refuge System which include marine waters. See 48 FR 7890 
(February 24, 1983) (Boundaries of National Wildlife Refuges in 
Alaska); 57 FR 45166 (September 30, 1992) (Boundaries of National Park 
System

[[Page 1280]]

Units in Alaska). These legal descriptions and maps specifically 
identify the marine areas where the rule will apply. We also reviewed 
all the specific regulations found in Secs. ____.26 and 27 and removed 
any regulations that did not apply to lands or waters identified in 
Sec. ____.3.
    One commentor said that halibut and seagull eggs should be included 
in the Federal subsistence program. While these regulations only apply 
to relatively few marine waters (see the list of marine waters in 
Sec. ____.3), fish within those waters are subject to the subsistence 
priority and regulations for the subsistence harvest of halibut and 
other fish will be included for those waters. As for seagull eggs, the 
harvest of migratory birds (including seagull eggs) is not included 
within the Federal subsistence management program. Harvest of migratory 
birds falls under the Migratory Bird Treaty Act and its implementing 
regulations.

____.4 Definitions.

    One commentor said that the definition of ``conservation of healthy 
populations of fish and wildlife'' appears to contradict Section 815 of 
ANILCA. The definition was not amended in these regulations. Section 
815 states, in part, that nothing in Title VIII permits a level of 
subsistence uses of fish and wildlife in a conservation system unit to 
be inconsistent with the conservation of healthy populations (or 
inconsistent with natural and healthy populations within a national 
park or monument). The existing definition in this section simply 
defines the phrase found in Section 815, but does not contradict or 
supersede it.
    One commentor said that the existing definition of the word 
``family'' would permit sharing of subsistence resources outside the 
household, and thereby expand subsistence uses. Section 803 of ANILCA 
specifically includes ``sharing for personal or family consumption'' 
within the definition of ``subsistence uses''. Permitting the sharing 
of subsistence resources outside the household will not expand current 
levels of subsistence harvest, since such sharing has always been a 
customary and traditional practice. The definition was not amended by 
these regulations.
    Two commentors said that the Federal subsistence jurisdiction 
should be extended to Federal lands which have been selected, but not 
yet conveyed, to Native corporations or the State of Alaska, including 
those lands classified as over-selections. Two other commentors 
objected to the inclusion of selected lands within the program. While 
selected lands do not fall within the definition of ``public lands'' 
found in ANILCA, section 906(o)(2) states that ``Until conveyed, all 
Federal lands within the boundaries of a conservation system unit, 
National Recreation Area, National Conservation Area, new national 
forest or forest addition, shall be administered in accordance with the 
laws applicable to such unit.'' (emphasis added). Since selected lands 
do fall within the definition of ``Federal lands'' in ANILCA and Title 
VIII of ANILCA is a law applicable to such units, the subsistence 
priority of Title VIII must be extended to those lands, pursuant to 
section 906(o)(2). The definition of ``public lands or public land'' 
found in ______.4 of these regulations clarifies that selected lands 
will be treated as public lands until they are conveyed.
    One commentor asked how the adoption of a fisheries regulatory year 
different from the wildlife regulatory year would affect regional 
advisory council and Federal Subsistence Board schedules. Another 
commentor said that the proposed fishery regulatory year would create 
conflicts with State regulations because of conflicting seasons and 
harvest reporting periods, and would complicate comparison of State and 
Federal information. The adoption of a different fisheries regulatory 
year is intended to provide a regulatory schedule that is the most 
efficient in managing an annual cycle of fishing regulations, and which 
has the least impact on subsistence users. Schedules for regular 
meetings of the Regional Advisory Councils and Federal Subsistence 
Board dealing with fishery issues will be adjusted to coincide with the 
fisheries regulatory year. The Federal Subsistence Board will work with 
the Alaska Department of Fish and Game and the State Board of Fisheries 
to minimize any conflicts created by this action.

____.6 Licenses, permits, harvest tickets, tags, and reports

    One commentor recommended that subsistence users should be required 
to possess a valid Alaska resident fishing license. This section of the 
regulations was rewritten to conform with plain language requirements; 
no substantive changes were made. Subsistence users wishing to take 
fish and wildlife on public lands for subsistence uses are required to 
possess the pertinent valid Alaska resident hunting and trapping 
license. At the current time, the State of Alaska does not require a 
license for subsistence fishing, therefore no license is required for 
subsistence users under the Final Rule.
    It was suggested that State licenses and permits not be used. We 
have attempted to avoid confusion and unnecessary duplication wherever 
possible when establishing this new program. The retention of State 
permits and licenses is one area where it is possible to avoid 
unnecessary duplication. Federal permits and licenses may be issued in 
certain situations as warranted.
    One commentor said that the existing State harvest reporting system 
should be used for any harvest reporting required under these 
regulations. This will be done to the maximum extent possible.
    One commentor pointed out that the proposed rule and the existing 
Federal subsistence regulations state in Sec. ____.6(d) that 
``Community harvests are reviewed annually under the regulations in 
subpart D of this part.'', and questioned whether those annual reviews 
have been conducted in the past. Such review is incorporated into the 
annual review of all subpart D regulations, which are subject to 
modification by proposals from Regional Advisory Councils, subsistence 
users, and any other interested organizations or individuals.

____.8 Penalties

    One commentor suggested that enforcement of these regulations 
should be by the Federal Subsistence Management Program through 
cooperative agreements and that there should be no State enforcement of 
these regulations by the State of Alaska. The existing regulations 
provide that enforcement of these regulations will be retained by the 
individual land management agencies that are a part of the Federal 
Subsistence Board. This provision has not been amended. The State of 
Alaska will not generally be enforcing these regulations, unless 
authorized to do so through some special arrangement or mutual 
assistance agreement. However, the State of Alaska will continue to 
enforce on Federal lands other applicable State laws and regulations 
which are not inconsistent with these regulations or other Federal 
laws.
    One commentor said that there was no information in the regulations 
about penalties. One commentor said that the Proposed Rule had no 
provision for enforcement, particularly in regards to the issue of 
customary trade. Enforcement of these regulations is accomplished in 
accordance with the penalty provisions applicable to the public land 
where the violation occurred. Each of the Federal land management 
agencies that are a part of the Federal Subsistence Board (Bureau

[[Page 1281]]

of Land Management, Bureau of Indian Affairs, U.S. Fish and Wildlife 
Service, National Park Service, and U.S. Forest Service) have separate 
penalty provisions for offenses occurring on lands they manage. More 
detailed information can be obtained from each agency.

____.9 Information collection requirements

    One commentor said that data collection to manage the Federal 
subsistence program is prohibited unless approved by the Office of 
Management and Budget (OMB). While OMB approval is not required for all 
data collection, it is required where Federal officials request 
information from more than ten persons. As stated elsewhere in this 
preamble (Paperwork Reduction Act), OMB has already approved the 
initial information collection requirements of these regulations and 
additional approvals will be sought whenever required.

____.10 Federal Subsistence Board

    Several commentors disagreed with the language of Sec. ____.10(a) 
of the Proposed Rule which stated that the Secretaries retain their 
existing authority to restrict or eliminate hunting, fishing, or 
trapping activities which occur on lands or waters other than the lands 
identified in the applicability and scope section of the regulation. We 
did not modify this section. The authority of the Secretaries to 
restrict or eliminate activities off Federal public lands has been 
confirmed in cases as Kleppe v. New Mexico (426 U.S. 529) and Minnesota 
v. Block (660 F.2d 817). This regulation does not expand or diminish 
the Secretaries' authority, it only states that it exists. This 
authority has rarely been exercised and is not exercised in this Final 
Rule.
    One commentor recommended that the Secretaries should delegate to 
the Federal Subsistence Board authority to extend jurisdiction beyond 
Federal lands. Extension of Federal jurisdiction is a significant 
policy decision, only applied in very rare circumstances, and the 
Secretaries have chosen not to delegate that authority to the Board. 
They have delegated overall management of the subsistence program to 
the Board. By adoption of these regulations, the Board will assume the 
responsibility for management of an expanded fishery program on all 
lands identified in Sec. ____.3 of this rule.
    One commentor said that the Federal agencies do not have sufficient 
expertise to assure compliance with ANILCA, and recommended that 
management authority be vested in the National Marine Fisheries Service 
and that the regulations provide clear guidelines for cooperation with 
the Alaska Department of Fish and Game. The Federal Subsistence Board, 
and its member agencies, understand the complexity of the issues 
associated with the implementation of these regulations. The Board will 
obtain whatever expertise is needed to implement these regulations in 
order to assure that the subsistence opportunity is protected 
consistent with the conservation of healthy populations of fishery 
resources.
    One commentor recommended that a tribal liaison appointed by the 
Federally-recognized tribes should be included as one of the official 
liaisons to the Federal Subsistence Board. Any tribe or group of tribes 
(or any other organization) can designate at any time a person to act 
in a liaison role to the Board. At this time, the Board believes that 
tribes have sufficient opportunity to provide input to the Board 
through the existing Regional Advisory Council structure, or through 
direct presentation of information to the Board without the designation 
of a formal liaison position.
    One commentor recommended that the Chairs of the ten Regional 
Advisory Councils be included as voting members of the Federal 
Subsistence Board. Separate from this rulemaking, the Federal 
Subsistence Board just recently completed an internal examination the 
Board structure and considered one option of including Regional Council 
chairs on the Board. That option was rejected, in part because ANILCA 
stipulates that the Regional Councils are to provide recommendations to 
the government. A conflict would occur if those chairs sat on a board 
that would deliberate and make decisions on recommendations made by the 
Councils on which those chairs sit.
    Five commentors recommended that use of compacts, contracts, and 
co-management or other agreements should be included within this rule. 
We clarified the wording of this section without changing its scope by 
changing the phrase ``Native corporations'' to ``Native 
organizations.'' Section 10(d)(4)(xv) of this regulation now states 
that the Federal Subsistence Board may ``Enter into cooperative 
agreements or otherwise cooperate with Federal agencies, the State, 
Native organizations, local governmental entities, and other persons 
and organizations, including international entities to effectuate the 
purposes and policies of the Federal subsistence management program''. 
This regulatory language derives from section 809 of ANILCA, and 
permits a wide range of cooperative mechanisms to carry out the 
purposes of the title, including, where appropriate, the cooperative 
mechanisms suggested above. The subsistence priority of Title VIII is 
not solely a priority for Alaska Natives, but is a priority for all 
rural residents, Native or otherwise.
    One commentor objected to Sec. ____.10(d)(4)(xviii) of the Proposed 
Rule which states that the Board can investigate and make 
recommendations to the Secretaries identifying additional Federal 
reservations, Federal reserved water rights or other Federal interests 
in lands or waters to which the Title VIII subsistence priority would 
be extended. This commentor said that section constituted a granting 
authority beyond the scope of ANILCA. We did not revise this section in 
this final rule. If additional waters or Federal interests are proposed 
for inclusion, the Board would need to investigate and provide a 
recommendation based on their findings to the Secretaries. This section 
only authorizes the Board to do so. The addition of any other waters or 
interests to this rule will involve a further rulemaking, with public 
notice and comment.
    Two commentors questioned the regulation dealing with delegation of 
certain actions by the Board to agency field officials 
(Sec. ____.10(d)(6)). One said that the regulatory language was not 
clear as to what type of actions might be delegated and the other said 
that field officials might abuse such delegation resulting in harm to 
the resource. As written, such delegation will be limited to setting 
harvest limits, defining harvest areas, and opening or closing specific 
fish or wildlife harvests. In all cases such delegation will 
specifically define ``frameworks established by the Board'' as 
specified in the regulation. Thus, field officials will always be 
constrained by the framework of any delegation, and the Board will not 
lose its oversight of actions by agency officials.
    One commentor recommended that the authority to open or close fish 
or wildlife harvest seasons should be community-based, and not in the 
hands of an agency field official. Implementation and enforcement of 
Federal regulations is the responsibility of the Departments. Field 
managers will work with local communities and local biologists to 
assure that community interests are addressed in any actions.

____.11 Regional advisory councils

    Four organizations or individuals commented on the make up of the 
Regional Advisory Councils. Two

[[Page 1282]]

recommended that the Council membership include fish and game 
biologists or individuals familiar with non-subsistence uses in the 
region. One suggested that the Councils need more representation from 
other user groups. The fourth recommended that there should be tribal 
recognition and tribal recommendations for appointments to the 
Councils. The Regional Advisory Councils were established pursuant to 
section 805(a) of ANILCA and Sec. ____.11 of these regulations, and are 
charged with providing recommendations to the Board relating to 
subsistence uses within each region. The Board considers the 
recommendations of the Councils, along with technical information 
gathered by Federal staff, and testimony presented to the Board by 
other organizations and individuals. The input of other fish and game 
biologists and organizations or individuals knowledgeable about non-
subsistence uses is considered by the Board before taking action on 
Council recommendations. Tribal recommendations, as well as 
recommendations by other organizations or individuals, are considered 
in the selection of Council membership. No changes were made in this 
section of these regulations.
    One commentor recommended that Regional Council members should be 
elected, but did not specify by whom. This recommendation was not 
adopted, because ANILCA requires that persons serving as members of 
these Councils must be appointed by the Secretaries.

____.12 Local Advisory Committees.

    There were several comments in regards to the role of local 
advisory committees in the Federal process, especially on the Yukon 
River. Local fish and game advisory committees have the opportunity to 
be involved in Federal subsistence management program by submitting 
recommendations to the Federal Subsistence Board and Regional Advisory 
Councils. The Federal Subsistence Board will seek guidance and 
expertise from all user groups. Two commentors requested a committee 
for their area or village. The creation of local fish and game advisory 
committees is a function of the Alaska Department of Fish and Game. The 
request should be made to them. One commentor suggested that existing 
State advisory committees should be used as opposed to creating a 
separate system. Local advisory committees may be used in addition to 
Regional Advisory Councils; a separate system will not be created. The 
Federal Subsistence Board will seek the best information available for 
regulation development. Local advisory committee input is always 
welcome under current and proposed rules.

____.14 Relationships to State Provisions and Regulations.

    One commentor said that the Proposed Rule and Environmental 
Assessment did not adequately explore mechanisms for cooperation or 
outline the Secretaries' expectations of the Federal agencies for 
cooperation. There will be ample opportunities for cooperation with the 
State under the Final Rule. A question arose concerning timely 
reassertion of State authority over subsistence and suggested imposing 
a time limit once the petition to reassert is filed. This section was 
not amended and no time limit was included in this Final Rule. The 
Secretaries will act expeditiously when a petition for reassumption is 
filed. One commentor requested a transition period from Federal to 
State management authority for specific regulations. The Secretary will 
not certify a State subsistence management program unless the State 
enacts and implements laws of general applicability which are 
consistent with, and which provide for the definition, preference and 
participation specified in sections 803, 804, and 805 of ANILCA.
    One commentor said that the proposed regulations did not support 
State conservation efforts, since the State has already implemented 
many changes to its regulations through fishery management plans since 
the Proposed Rule was published. To the extent possible, these final 
regulations incorporate changes to make them consistent with existing 
State regulations. The Board intends to utilize, to the extent 
possible, the existing State fishery management plans, but all those 
plans must be reviewed to ensure that the fishery allocation 
determinations in the plans are consistent with the subsistence 
priority of ANILCA.
    One commentor suggested that the Federal subsistence regulations 
should adopt State regulations to the maximum extent possible, and that 
the Federal regulations should only include those regulations that 
differ from existing State regulations. As already stated, it has 
always been the intent of the Board with the adoption of these 
regulations to be consistent with existing State regulations except 
where specifically noted. However, we believe that to include in the 
Federal regulations only those areas where the Federal regulations 
differ from State regulations would be more confusing to subsistence 
users who would then have to refer to two sets of regulations while 
hunting or fishing on Federal lands.

____.16 The Customary and Traditional Use Determination Process.

    One commentor suggested that the Federal Subsistence Board abandon 
the Customary and Traditional use determination process and make 
determinations on a geographical basis. The Customary and Traditional 
use determination process is currently being evaluated. The Federal 
Subsistence Board accepts proposals for changes annually, but no 
changes were made in this section in the Final Rule.

____.19 Closures and Other Special Actions.

    Several commentors stated the closure provisions are too 
cumbersome, bureaucratic, and do not accurately define the 
circumstances under which the Federal Subsistence Board may take action 
to ensure resource conservation. The Secretaries understand this 
concern; this Final Rule grants to the Board specific authority to ``* 
* * delegate to agency field officials the authority to set harvest 
limits, define harvest areas, and open or close specific fish or 
wildlife harvest seasons within frameworks established by the Board.'' 
(Sec. ____.10(d)(6). Implementation of this regulation will provide for 
less cumbersome management actions, while retaining Board oversight of 
those actions.

Subpart C--Board Determinations

____.22 Subsistence Resource Regions.

    Two commentors urged the formation of a Yukon River Regional 
Council while one suggested two Councils for the Southeast Region; one 
for game and another for fish. The Federal Subsistence Board will not 
make these changes at this time but will continue to evaluate the 
efficiency of the current structure and make future adjustments as 
needed.

____.23 Rural Determinations.

    Two commentors questioned the basis for and outcomes of the rural 
determinations. The procedure for making rural/non-rural determinations 
was developed previously with public input through a rulemaking process 
as were the existing rural/non-rural determinations. Those 
determinations will be reviewed after the year 2000 census results are 
available.

[[Page 1283]]

____.24 Customary and Traditional Use Determinations.

    One commentor suggested that the Federal Subsistence Board should 
make customary and traditional use determinations by geographic area 
rather than species. Another objected to making customary and 
traditional use determinations that have not been subjected to public 
review and suggested that C&T determinations be accompanied by a 
determination of the amount of fish and wildlife reasonably necessary 
to provide for subsistence on public lands. The Federal Subsistence 
Board has established a task force to evaluate the existing C&T process 
and will seek Regional Advisory Council input on various alternatives 
before making changes, if any, to the current regulations.
    One commentor said that the rule should be modified to require a 
positive affirmation of customary and traditional use in order for 
subsistence regulations to apply. We did not make this change. To 
require a positive affirmation of use puts the burden on the 
subsistence user to ensure that his or her use is authorized in 
regulation. The current Federal subsistence regulations state in part 
that: ``If no determination has been made for a species in a Unit, all 
rural Alaska residents are eligible to harvest fish or wildlife under 
this part.'' , Sec. ____.24(a). This regulation already covers 
customary and traditional use determinations for fish, and does not 
need to be modified.
    Several other commentors said that the customary and traditional 
use determinations in the proposed rule were incomplete. We have 
revised the determinations for fish and shellfish in this section to 
incorporate both the last Alaska Board of Fish customary and 
traditional use determinations that were in compliance with Title VIII 
(January 1990) and the determinations that the Board of Fish has made 
since 1990 where they might apply on Federal waters. For those 
determinations made by the Board of Fish since 1990, we have made a 
determination that eligibility for those fisheries should be limited to 
the residents of the area identified. These determinations are subject 
to revision through the annual consideration of proposed changes to 
Subpart C.

Subpart D--Subsistence Taking of Fish

____.26 Subsistence taking of fish

    Numerous comments regarding customary and traditional use 
determinations and the taking of fish were received. Proposed changes 
to the existing subpart C and subpart D regulations will not be 
considered until the 2000-2001 regulations cycle. The commentors have 
been notified that their suggestions should be submitted to the Federal 
Subsistence Board for consideration as a proposal during a standard 
regulatory cycle.
    A large number of comments dealt with the issue of customary trade. 
Many of the commentors felt that the sections dealing with customary 
trade in the Proposed Rule (Secs. ____.26(c)(11) and (12)) were not 
specific enough, and would permit an expansion of subsistence fishing 
beyond current levels. Several suggested that this rule should define 
the term ``significant commercial enterprise'', including a specific 
dollar limit. Some said that no sale of subsistence-caught fish should 
be permitted, while others said that customary trade practices should 
be protected and that customary trade should include sales up to 
$70,000 per year. Several commentors suggested that decisions on 
customary trade should be made on a local level. We did modify the 
customary trade regulations slightly to clarify them, but have not 
included a definition of ``significant commercial enterprise'' or 
placed any dollar limits on an allowable level of customary trade. The 
regulations in this rule clearly limit the sale of subsistence-caught 
fish to customary and traditional practices. We agree with the 
commentors who said that specific proposals on customary trade should 
be made at the local level. We anticipate working closely with Regional 
Advisory Councils to identify where specific limits should be 
implemented. These limits may vary in different regions of the State.
    Numerous commentors also said that the proposed rule did not always 
rely on the State's reporting areas, and were not always consistent 
with current State regulations. The majority of these comments came 
from the State of Alaska. When the proposed rule was published in 
December of 1997, it was structured to reflect all the State 
subsistence fishery regulations which were current at that time. Since 
then, the State Board of Fish has made changes to State regulations 
which resulted in the comments noted above. In order to address these 
concerns, we reviewed Subparts C and D with respect to fisheries and 
shellfish (particularly Secs. ____.26 and 27). Changes were made in 
this Final Rule to make it consistent with current State regulations. 
There are a few specific regulations where this rule is not consistent 
with State regulations. These are areas where the courts have ruled or 
the Board has previously dealt with a fishery issue and made decisions 
which are not consistent with State regulations. These areas include: 
(1) the use of rod and reel for subsistence as a method of harvest, (2) 
the extension of salmon fisheries on Kodiak Island to 24 hours per day, 
(3) customary and traditional use determinations for rainbow trout in 
Southwest Alaska, and (4) regulations relating to the take of king crab 
around Kodiak Island.
    Another commentor suggested the rule should clarify how the Federal 
subsistence management program will manage halibut, since the 
International Pacific Halibut Commission has halibut management 
responsibilities. Although most marine waters are excluded from these 
regulations, halibut and other marine resources in those marine waters 
identified in Sec. ____.3 will be included within these regulations.
    Many comments were received in regards to joint management whereby 
the Federal agencies determine the number of fish necessary to meet 
subsistence needs and monitor the take, while the State manages to meet 
these needs. While the Final Rule provides for management of fisheries 
in a manner consistent with the current Federal program, it does not 
preclude the adoption of other management scenarios. Sections ____10 
and .14 give the Board broad authorities to cooperate with the State 
and other organizations in the implementation of the Federal 
Subsistence Management Program. Other commentors asked about the status 
of personal use fisheries in the Federal plan. Personal use fisheries 
are not provided for under ANILCA's Title VIII and are not addressed in 
these regulations. The State of Alaska manages personal use fisheries 
and comments or recommendations concerning those fisheries should be 
directed to the State. There were several comments in regards to the 
use of different types of equipment for subsistence use. Although the 
use of rod and reel is not permitted under State subsistence 
regulations, it is permitted under these regulations, since the Board 
has previously determined that rod and reel should be considered a 
traditional means of harvest. There are no requirements to purchase 
commercial equipment. One commentor wanted some provision made for the 
use of fish as bait in sport and commercial fisheries. Provisions 
regarding sport and commercial fisheries should be referred to the 
State which has management authority over these fisheries. Comments in 
regards to changing wording from ``unless permitted'' to ``unless 
prohibited'' for steelhead and rainbow trout were suggested. The

[[Page 1284]]

``unless permitted'' wording is consistent with State regulations. One 
commentor suggested dropping bag limits for rod and reel. Bag limits 
are reasonable regulations for conservation of fish stocks and are 
authorized and consistent with ANILCA, Section 814.
    One commentor said in that Southeast Alaska the harvest of 
subsistence fish should be permitted at any time. Another commentor 
said that there should be no requirement for permits, seasons or bag 
limits for subsistence harvest, since ANILCA did not specifically 
mention any of those items. The subsistence priority of ANILCA is a 
priority over other consumptive uses, but that opportunity does not 
mean that subsistence harvest should be free from all regulation. 
ANILCA stipulates that subsistence harvest should not threaten the 
conservation of healthy populations of fish or wildlife. Regulations 
such as permits, seasons and bag limits, are considered a necessary and 
reasonable restriction of subsistence harvest.
    One commentor said that genetic studies should be completed in the 
Area M fishery and associated destination drainages before there is a 
serious problem. Area M is not within the area of Federal jurisdiction. 
However, the Federal Subsistence Board will work closely with the State 
of Alaska, Native organizations, fishing groups and others to assure 
that necessary biological and harvest information is obtained.
    A number of comments dealt with permit possession and record 
keeping. Current regulations require on-person possession of permits. 
In addition, permits and daily records will be required when important 
for collection of specific data to ensure adequate management and to 
provide biological data for emergency management decisions. One 
commentor noted that subsection (f) allows Federally qualified users to 
remove fish from their commercial catch for subsistence purposes which 
conflicts with State commercial fishing regulations. This provision is 
consistent with State regulations and will be retained. Another 
commentor noted that the proposed regulations do not contain measures 
to conserve chum salmon in times of shortage as provided in State 
regulations and will hinder efforts to conserve chum salmon in times of 
shortage. All fisheries will be managed for healthy populations as 
provided for in ANILCA Section 802(1). The request for fish habitat 
enhancement for the Yukon Flats area should be directed to the local 
land manager who has responsibility for these activities.

____.27 Subsistence Taking of Shellfish

    One commentor requested that the Federal program also cover sea 
cucumbers, abalone, and sea urchins. Management of these species can 
occur under current regulations and the Federal program may include 
them where it has marine jurisdiction.
    One commentor opposed having to purchase a license to dig clams. 
Licenses are not required although permits may be required in some 
areas for resource management purposes. Another commentor stated that 
State and Federal requirements for king crab pots differ. This 
difference occurs only in the Kodiak Island area and results from the 
Federal Subsistence Board instituting regulations a number of years ago 
to protect king crab populations in that area.

Summary of Changes

    Based on our analysis of comments, we have made the following 
revisions from the Proposed Rule:
    Throughout the document, we have made editing and wording changes 
to comply with the Executive Memorandum on Plain Language in Government 
Writing.
    Sec. ____.3(b)--Jurisdiction over inland waters on Forest Service 
lands has been modified to be consistent with the jurisdictional 
approach used on Department of the Interior lands. We have also more 
clearly identified the waters in which the Federal government will 
manage subsistence fisheries.
    Sec. ____.24(a)(2)--We have revised the determinations for fish and 
shellfish in this section to incorporate both the past Alaska Board of 
Fish customary and traditional use determinations that were in 
compliance with Title VIII (January 1990) and the determinations that 
the Board of Fish has made since 1990 where they apply on Federal 
waters and are consistent with Title VIII of ANILCA.
    Secs. ____.26 and .27--We have made minor wording changes to the 
regulations on customary trade (Sec. ____.26(c)(11-12)), but have 
retained the intent found in the Proposed Rule to provide for ongoing 
customary trade practices. We have made numerous revisions to assure 
consistency with the current State subsistence fisheries and shellfish 
regulations. In order to reduce confusion, we have also eliminated 
regulations covering areas where there is no Federal jurisdiction.
    We must emphasize that these regulations ONLY APPLY TO FEDERAL 
LANDS AND WATERS where there is a Federal interest. Individuals who do 
not meet the requirements under these regulations may still harvest 
fish and wildlife on Federal lands and waters in accordance with other 
State fishing and hunting regulations, except in those instances where 
Federal lands or waters have been specifically closed to non-Federally 
qualified subsistence users.
    Nothing in this Final Rule is intended to change the underlying 
rural priority which is set out in Title VIII of ANILCA or otherwise 
amend the statuatory basis of the Federal Subsistence Management 
Program. Although many sections of these regulations are not being 
amended other than to make them conform to requirements for plain 
language, for the purpose of clarity and ease of understanding, the 
entire text of the rule for subparts A, B, and C, and sections ____.26, 
and ____.27 of subpart D is being printed. The unpublished section 
(Section ____.25) relates to wildlife regulations that are revised 
annually. Because this rule relates to public lands managed by an 
agency or agencies in both the Departments of Agriculture and the 
Interior, identical text is incorporated into 36 CFR Part 242 and 50 
CFR Part 100.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement (DEIS) that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. That document 
described the major issues associated with Federal subsistence 
management as identified through public meetings, written comments and 
staff analysis and examined the environmental consequences of the four 
alternatives. Proposed regulations (Subparts A, B, and C) that would 
implement the preferred alternative were included in the DEIS as an 
appendix. The DEIS and the proposed administrative regulations 
presented a framework for an annual regulatory cycle regarding 
subsistence hunting and fishing regulations (Subpart D). The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992.
    Based on the public comment received, the analysis contained in the 
FEIS, and the recommendations of the Federal Subsistence Board and the 
Department of the Interior's Subsistence Policy Group, it was the 
decision of the Secretary of the Interior, with the concurrence of the 
Secretary of Agriculture, through the U.S. Department of Agriculture-
Forest Service, to implement Alternative IV as

[[Page 1285]]

identified in the DEIS and FEIS (Record of Decision on Subsistence 
Management for Federal Public Lands in Alaska (ROD), signed April 6, 
1992). The DEIS and the selected alternative in the FEIS defined the 
administrative framework of an annual regulatory cycle for subsistence 
hunting and fishing regulations. The final rule for Subsistence 
Management Regulations for Public Lands in Alaska, Subparts A, B, and C 
(57 FR 22940-22964, published May 29, 1992) implemented the Federal 
Subsistence Management Program and included a framework for an annual 
cycle for subsistence hunting and fishing regulations.
    An environmental assessment has been prepared on the expansion of 
Federal jurisdiction over fisheries and is available by contacting the 
office listed under ``For Further Information Contact.'' The Secretary 
of the Interior with the concurrence of the Secretary of Agriculture 
has determined that the expansion of Federal jurisdiction does not 
constitute a major Federal action, significantly effecting the human 
environment and has, therefore, signed a Finding of No Significant 
Impact.

Compliance With Section 810 of ANILCA

    A 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 810 analysis determination appeared in the April 6, 1992, ROD 
which concluded that the Federal Subsistence Management Program, under 
Alternative IV with an annual process for setting hunting and fishing 
regulations, may have some local impacts on subsistence uses, but it 
does not appear that the program may significantly restrict subsistence 
uses.
    During the environmental assessment process, an evaluation of the 
effects of this rule was also conducted in accordance with Section 810. 
This evaluation supports the Secretaries' determination that the Final 
Rule will not reach the ``may significantly restrict'' threshold for 
notice and hearings under ANILCA Section 810(a) for any subsistence 
resources or uses.

Paperwork Reduction Act

    This rule contains information collection requirements subject to 
Office of Management and Budget (OMB) approval under the Paperwork 
Reduction Act of 1995. It applies to the use of public lands in Alaska. 
The information collection requirements are a revision of the 
collection requirements already approved by OMB under 44 U.S.C. 3501 
and have been assigned clearance number 1018-0075, which expires 5/31/
2000. This revision was submitted to OMB for approval. A comment period 
was open on OMB collection requirements and no comments were received.
    Currently, information is being collected by the use of a Federal 
Subsistence Registration Permit and Designated Hunter Application. The 
information collected on these two permits establishes whether an 
applicant qualifies to participate in a Federal subsistence hunt on 
public land in Alaska and provides a report of harvest and the location 
of harvest. The collected information is necessary to determine harvest 
success, harvest location, and population health in order to make 
management decisions relative to the conservation of healthy wildlife 
populations. Additional harvest information is obtained from harvest 
reports submitted to the State of Alaska. The recordkeeping burden for 
this aspect of the program is negligible (one hour or less). This 
information is accessed via computer data base. The current overall 
annual burden of reporting and recordkeeping is estimated to average 
0.25 hours per response, including time for reviewing instructions, 
gathering and maintaining data, and completing and reviewing the form. 
The estimated number of likely respondents under the existing rule is 
less than 5,000, yielding a total annual reporting and recordkeeping 
burden of 1,250 hours or less.
    The collection of information under this Final Rule will be 
achieved through the use of a Federal Subsistence Registration Permit 
Application, which would be the same form as currently approved and 
used for the hunting program. This information will establish whether 
the applicant qualifies to participate in a Federal subsistence fishery 
on public land in Alaska and will provide a report of harvest and 
location of harvest.
    The likely respondents to this collection of information are rural 
Alaska residents who wish to participate in specific subsistence 
fisheries on Federal land. The collected information is necessary to 
determine harvest success and harvest location in order to make 
management decisions relative to the conservation of healthy fish 
populations. The annual burden of reporting and recordkeeping is 
estimated to average 0.50 hours per response, including time for 
reviewing instructions, gathering and maintaining data, and completing 
and reviewing the form. The estimated number of likely respondents 
under this rule is less than 10,000, yielding a total annual reporting 
and recordkeeping burden of 5,000 hours or less.
    You may direct comments on the burden estimate or any other aspect 
of this form to: Information Collection Officer, U.S. Fish and Wildlife 
Service, 1849 C Street, NW, MS 224 ARLSQ, Washington, DC 20240; and the 
Office of Management and Budget, Paperwork Reduction Project 
(Subsistence), Washington, DC 20503.
    Additional information collection requirements may be imposed if 
local advisory committees subject to the Federal Advisory Committee Act 
are established under subpart B. Such requirements will be submitted to 
OMB for approval prior to their implementation.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (A ``section'' appears in bold type 
and is preceded by the symbol ``Sec. '' and a numbered heading; for 
example, Sec. ____.24 Customary and traditional determinations.) (5) Is 
the description of the rule in the SUPPLEMENTARY INFORMATION section of 
the preamble helpful in understanding the rule? What else could we do 
to make the rule easier to understand? Send a copy of any comments that 
concern how we could make this rule easier to understand to: Office of 
Regulatory Affairs, Department of the Interior, Room 7229, 1849 C 
Street, NW, Washington, DC 20240. You may also e-mail the comments to 
this address: [e-mail].

Economic Effects

    This rule was not subject to OMB review under Executive Order 
12866.
    This rulemaking will impose no significant costs on small entities; 
this Final Rule does not restrict any existing sport or commercial 
fishery on the

[[Page 1286]]

public lands and subsistence fisheries will continue at essentially the 
same levels as they presently occur. The exact number of businesses and 
the amount of trade that will result from this Federal land-related 
activity is unknown. The aggregate effect is an insignificant positive 
economic effect on a number of small entities, such as ammunition, 
snowmachine, fishing tackle, and gasoline dealers. The number of small 
entities affected is unknown; but, the fact that the positive effects 
will be seasonal in nature and will, in most cases, merely continue 
preexisting uses of public lands indicates that they will not be 
significant.
    In general, the resources 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, it is 
estimated that 24 million pounds of fish (including 8.3 million pounds 
of salmon) are harvested by subsistence users annually and, if given an 
estimated dollar value of $3.00 per pound for salmon and $0.58 per 
pound for other fish, would equate to about $34 million in food value 
state-wide.
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations or governmental jurisdictions. 
The Departments have determined based on the above figures 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.
    The Small Business Regulatory Enforcement Act (5 U.S.C. 801 et 
seq.) requires that before a rule can take effect, copies of the rule 
and other documents must be sent to the U.S. House and U.S. Senate and 
establishes a means for Congress to disapprove the rulemaking. The 
Departments have determined that this rulemaking is not a major rule 
under the Act, and thus the effective date of the rule is not 
additionally delayed unless Congress takes additional action.
    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence priority on public lands. The scope of this program is 
limited by definition to certain public lands. Likewise, these 
regulations have no potential takings of private property implications 
as defined by Executive Order 12630.
    The Secretaries have determined and certify pursuant to the 
Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will 
not impose a cost of $100 million or more in any given year on local or 
state governments or private entities. The implementation of this rule 
is by Federal agencies and there is no cost imposed on any state or 
local entities or tribal governments.
    The Secretaries have determined that these final regulations meet 
the applicable standards provided in Sections 3(a) and 3(b)(2) of 
Executive Order 12988.
    In accordance with Executive Order 12612, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. Title VIII of ANILCA precludes the State from 
exercising subsistence management authority over fish and wildlife 
resources on Federal lands unless it meets certain requirements.
    Drafting Information--These regulations were drafted by William 
Knauer, Bob Gerhard, and Victor Starostka under the guidance of Thomas 
H. Boyd, of the Office of Subsistence Management, Alaska Regional 
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional 
guidance was provided by Curt Wilson, Alaska State Office, Bureau of 
Land Management; Sandy Rabinowitch, Alaska Regional Office, National 
Park Service; Ida Hildebrand, Alaska Area Office, Bureau of Indian 
Affairs; and Ken Thompson, USDA-Forest Service.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.
    For the reasons set out in the preamble, the Departments amend 
Title 36, Part 242, and Title 50, Part 100, of the Code of Federal 
Regulations, as set forth below.

PART--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA

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

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

    2. Revise subparts A, B, and C of 36 CFR part 242 and 50 CFR part 
100 to read as follows:

Subpart A--General Provisions

Sec.
____.1  Purpose.
____.2  Authority.
____.3  Applicability and scope.
____.4  Definitions.
____.5  Eligibility for subsistence use.
____.6  Licenses, permits, harvest tickets, tags, and reports.
____.7  Restriction on use.
____.8  Penalties.
____.9  Information collection requirements.

Subpart B--Program Structure

____.10  Federal Subsistence Board.
____.11  Regional advisory councils.
____.12  Local advisory committees.
____.13  Board/agency relationships.
____.14  Relationship to State procedures and regulations.
____.15  Rural determination process.
____.16  Customary and traditional use determination process.
____.17  Determining priorities for subsistence uses among rural 
Alaska residents.
____.18  Regulation adoption process.
____.19  Closures and other special actions.
____.20  Request for reconsideration.
____.21  [Reserved].

Subpart C--Board Determinations

____.22  Subsistence resource regions.
____.23  Rural determinations.
____.24  Customary and traditional use determinations.

Subpart A--General Provisions


Sec. ____.1  Purpose.

    The regulations in this part implement the Federal Subsistence 
Management Program on public lands within the State of Alaska.


Sec. ____.2  Authority.

    The Secretary of the Interior and Secretary of Agriculture issue 
the regulations in this part pursuant to authority vested in Title VIII 
of the Alaska National Interest Lands Conservation Act (ANILCA), 16 
U.S.C. 3101-3126.


Sec. ____.3  Applicability and scope.

    (a) The regulations in this part implement the provisions of Title 
VIII of ANILCA relevant to the taking of fish and wildlife on public 
lands in the State of Alaska. The regulations in this part do not 
permit subsistence uses in Glacier Bay National Park, Kenai Fjords 
National Park, Katmai National Park, and that portion of Denali 
National Park established as Mt. McKinley National Park prior to 
passage of ANILCA, where subsistence taking and uses are prohibited. 
The regulations in this part do not supersede agency specific 
regulations.
    (b) The regulations contained in this part apply on all public 
lands including all non-navigable waters located on

[[Page 1287]]

these lands, on all navigable and non-navigable water within the 
exterior boundaries of the following areas, and on inland waters 
adjacent to the exterior boundaries of the following areas:
    (1) Alaska Maritime National Wildlife Refuge;
    (2) Alaska Peninsula National Wildlife Refuge;
    (3) Aniakchak National Monument and Preserve;
    (4) Arctic National Wildlife Refuge;
    (5) Becharof National Wildlife Refuge;
    (6) Bering Land Bridge National Preserve;
    (7) Cape Krusenstern National Monument;
    (8) Chugach National Forest, excluding marine waters;
    (9) Denali National Preserve and the 1980 additions to Denali 
National Park;
    (10) Gates of the Arctic National Park and Preserve;
    (11) Glacier Bay National Preserve;
    (12) Innoko National Wildlife Refuge;
    (13) Izembek National Wildlife Refuge;
    (14) Katmai National Preserve;
    (15) Kanuti National Wildlife Refuge;
    (16) Kenai National Wildlife Refuge;
    (17) Kobuk Valley National Park;
    (18) Kodiak National Wildlife Refuge;
    (19) Koyukuk National Wildlife Refuge;
    (20) Lake Clark National Park and Preserve;
    (21) National Petroleum Reserve in Alaska;
    (22) Noatak National Preserve;
    (23) Nowitna National Wildlife Refuge;
    (24) Selawik National Wildlife Refuge;
    (25) Steese National Conservation Area;
    (26) Tetlin National Wildlife Refuge;
    (27) Togiak National Wildlife Refuge;
    (28) Tongass National Forest, including Admiralty Island National 
Monument and Misty Fjords National Monument, and excluding marine 
waters;
    (29) White Mountain National Recreation Area;
    (30) Wrangell-St. Elias National Park and Preserve;
    (31) Yukon-Charley Rivers National Preserve;
    (32) Yukon Delta National Wildlife Refuge;
    (33) Yukon Flats National Wildlife Refuge;
    (34) All components of the Wild and Scenic River System located 
outside the boundaries of National Parks, National Preserves or 
National Wildlife Refuges, including segments of the Alagnak River, 
Beaver Creek, Birch Creek, Delta River, Fortymile River, Gulkana River, 
and Unalakleet River.
    (c) The public lands described in paragraph (b) of this section 
remain subject to change through rulemaking pending a Department of the 
Interior review of title and jurisdictional issues regarding certain 
submerged lands beneath navigable waters in Alaska.


Sec. ____.4  Definitions.

    The following definitions apply to all regulations contained in 
this part:
    Agency means a subunit of a cabinet level Department of the Federal 
government having land management authority over the public lands 
including, but not limited to, the U.S. Fish & Wildlife Service, Bureau 
of Indian Affairs, Bureau of Land Management, National Park Service, 
and USDA Forest Service.
    ANILCA means the Alaska National Interest Lands Conservation Act, 
Pub. L. 96-487, 94 Stat. 2371 (codified, as amended, in scattered 
sections of 16 U.S.C. and 43 U.S.C.)
    Area, District, Subdistrict, and Section mean one of the 
geographical areas defined in the codified Alaska Department of Fish 
and Game regulations found in Title 5 of the Alaska Administrative 
Code.
    Barter means the exchange of fish or wildlife or their parts taken 
for subsistence uses; for other fish, wildlife or their parts; or, for 
other food or for nonedible items other than money, if the exchange is 
of a limited and noncommercial nature.
    Board means the Federal Subsistence Board as described in 
Sec. ____.10.
    Commissions means the Subsistence Resource Commissions established 
pursuant to section 808 of ANILCA.
    Conservation of healthy populations of fish and wildlife means the 
maintenance of fish and wildlife resources and their habitats in a 
condition that assures stable and continuing natural populations and 
species mix of plants and animals in relation to their ecosystem, 
including the recognition that local rural residents engaged in 
subsistence uses may be a natural part of that ecosystem; minimizes the 
likelihood of irreversible or long-term adverse effects upon such 
populations and species; ensures the maximum practicable diversity of 
options for the future; and recognizes that the policies and legal 
authorities of the managing agencies will determine the nature and 
degree of management programs affecting ecological relationships, 
population dynamics, and the manipulation of the components of the 
ecosystem.
    Customary trade means cash sale of fish and wildlife resources 
regulated in this part, not otherwise prohibited by Federal law or 
regulation, to support personal and family needs; and does not include 
trade which constitutes a significant commercial enterprise.
    Customary and traditional use means a long-established, consistent 
pattern of use, incorporating beliefs and customs which have been 
transmitted from generation to generation. This use plays an important 
role in the economy of the community.
    FACA means the Federal Advisory Committee Act, Pub. L. 92-463, 86 
Stat. 770 (codified as amended, at 5 U.S.C. Appendix II, 1-15).
    Family means all persons related by blood, marriage or adoption, or 
any person living within the household on a permanent basis.
    Federal Advisory Committees or Federal Advisory Committee means the 
Federal Local Advisory Committees as described in Sec. ____.12.
    Federal lands means lands and waters and interests therein the 
title to which is in the United States, including navigable and non-
navigable waters in which the United States has reserved water rights.
    Fish and wildlife means any member of the animal kingdom, including 
without limitation any mammal, fish, bird (including any migratory, 
nonmigratory or endangered bird for which protection is also afforded 
by treaty or other international agreement), amphibian, reptile, 
mollusk, crustacean, arthropod, or other invertebrate, and includes any 
part, product, egg, or offspring thereof, or the carcass or part 
thereof.
    Game Management Unit or GMU means one of the 26 geographical areas 
listed under game management units in the codified State of Alaska 
hunting and trapping regulations and the Game Unit Maps of Alaska.
    Inland Waters means, for the purposes of this part, those waters 
located landward of the mean high tide line or the waters located 
upstream of the straight line drawn from headland to headland across 
the mouths of rivers or other waters as they flow into the sea. Inland 
waters include, but are not limited to, lakes, reservoirs, ponds, 
streams, and rivers.
    Marine Waters means, for the purposes of this part, those waters 
located seaward of the mean high tide line or the waters located 
seaward of the straight line drawn from headland to headland across the 
mouths of rivers or other waters as they flow into the sea.
    Person means an individual and does not include a corporation, 
company, partnership, firm, association, organization, business, trust 
or society.
    Public lands or public land means:

[[Page 1288]]

    (1) Lands situated in Alaska which are Federal lands, except--
    (i) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
and lands which have been confirmed to, validly selected by, or granted 
to the Territory of Alaska or the State under any other provision of 
Federal law;
    (ii) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act, 43 U.S.C. 1601 et seq., which have not 
been conveyed to a Native Corporation, unless any such selection is 
determined to be invalid or is relinquished; and
    (iii) Lands referred to in section 19(b) of the Alaska Native 
Claims Settlement Act, 43 U.S.C. 1618(b).
    (2) Notwithstanding the exceptions in paragraphs (1)(i) through 
(iii) of this definition, until conveyed or interim conveyed, all 
Federal lands within the boundaries of any unit of the National Park 
System, National Wildlife Refuge System, National Wild and Scenic 
Rivers Systems, National Forest Monument, National Recreation Area, 
National Conservation Area, new National forest or forest addition 
shall be treated as public lands for the purposes of the regulations in 
this part pursuant to section 906(o)(2) of ANILCA.
    Regional Councils or Regional Council means the Regional Advisory 
Councils as described in Sec. ____.11.
    Regulatory year means July 1 through June 30, except for fish and 
shellfish where it means March 1 through the last day of February.
    Reserved water right(s) means the Federal right to use 
unappropriated appurtenant water necessary to accomplish the purposes 
for which a Federal reservation was established. Reserved water rights 
include nonconsumptive and consumptive uses.
    Resident means any person who has his or her primary, permanent 
home for the previous 12 months within Alaska and whenever absent from 
this primary, permanent home, has the intention of returning to it. 
Factors demonstrating the location of a person's primary, permanent 
home may include, but are not limited to: the address listed on an 
Alaska Permanent Fund dividend application; an Alaska license to drive, 
hunt, fish, or engage in an activity regulated by a government entity; 
affidavit of person or persons who know the individual; voter 
registration; location of residences owned, rented or leased; location 
of stored household goods; residence of spouse, minor children or 
dependents; tax documents; or whether the person claims residence in 
another location for any purpose.
    Rural means any community or area of Alaska determined by the Board 
to qualify as such under the process described in Sec. ____.15.
    Secretary means the Secretary of the Interior, except that in 
reference to matters related to any unit of the National Forest System, 
such term means the Secretary of Agriculture.
    State means the State of Alaska.
    Subsistence uses means the customary and traditional uses by rural 
Alaska residents of wild, renewable resources for direct personal or 
family consumption as food, shelter, fuel, clothing, tools, or 
transportation; for the making and selling of handicraft articles out 
of nonedible byproducts of fish and wildlife resources taken for 
personal or family consumption; for barter, or sharing for personal or 
family consumption; and for customary trade.
    Take or taking as used with respect to fish or wildlife, means to 
pursue, hunt, shoot, trap, net, capture, collect, kill, harm, or 
attempt to engage in any such conduct.
    Year means calendar year unless another year is specified.


Sec. ____.5  Eligibility for subsistence use.

    (a) You may take fish and wildlife on public lands for subsistence 
uses only if you are an Alaska resident of a rural area or rural 
community. The regulations in this part may further limit your 
qualifications to harvest fish or wildlife resources for subsistence 
uses. If you are not an Alaska resident or are a resident of a non-
rural area or community listed in Sec. ____.23, you may not take fish 
or wildlife on public lands for subsistence uses under the regulations 
in this part.
    (b) Where the Board has made a customary and traditional use 
determination regarding subsistence use of a specific fish stock or 
wildlife population, in accordance with, and as listed in, 
Sec. ____.24, only those Alaskans who are residents of rural areas or 
communities designated by the Board are eligible for subsistence taking 
of that population or stock on public lands for subsistence uses under 
the regulations in this part. If you do not live in one of those areas 
or communities, you may not take fish or wildlife from that population 
or stock, on public lands under the regulations in this part.
    (c) Where customary and traditional use determinations for a fish 
stock or wildlife population within a specific area have not yet been 
made by the Board (e.g. ``no determination''), all Alaskans who are 
residents of rural areas or communities may harvest for subsistence 
from that stock or population under the regulations in this part.
    (d) The National Park Service may regulate further the eligibility 
of those individuals qualified to engage in subsistence uses on 
National Park Service lands in accordance with specific authority in 
ANILCA, and National Park Service regulations at 36 CFR Part 13.


Sec. ____.6  Licenses, permits, harvest tickets, tags, and reports.

    (a) If you wish to take fish and wildlife on public lands for 
subsistence uses, you must be a rural Alaska resident and:
    (1) Possess the pertinent valid Alaska resident hunting and 
trapping licenses (no license required to take fish or shellfish) 
unless Federal licenses are required or unless otherwise provided for 
in subpart D of this part;
    (2) Possess and comply with the provisions of any pertinent Federal 
permits (Federal Subsistence Registration Permit or Federal Designated 
Harvester Permit) required by subpart D of this part; and
    (3) Possess and comply with the provisions of any pertinent 
permits, harvest tickets, or tags required by the State unless any of 
these documents or individual provisions in them are superseded by the 
requirements in subpart D of this part.
    (b) If you have been awarded a permit to take fish and wildlife, 
you must have that permit in your possession during the taking and must 
comply with all requirements of the permit and the regulations in this 
section pertaining to validation and reporting and to regulations in 
subpart D of this part pertaining to methods and means, possession and 
transportation, and utilization. Upon the request of a State or Federal 
law enforcement agent, you must also produce any licenses, permits, 
harvest tickets, tags or other documents required by this section. If 
you are engaged in taking fish and wildlife under these regulations, 
you must allow State or Federal law enforcement agents to inspect any 
apparatus designed to be used, or capable of being used to take fish or 
wildlife, or any fish or wildlife in your possession.
    (c) You must validate the harvest tickets, tags, permits, or other 
required documents before removing your kill from the harvest site. You 
must also comply with all reporting provisions as set forth in subpart 
D of this part.
    (d) If you take fish and wildlife under a community harvest system, 
you must report the harvest activity in accordance with regulations 
specified for that

[[Page 1289]]

community in subpart D of this part, and as required by any applicable 
permit conditions. Individuals may be responsible for particular 
reporting requirements in the conditions permitting a specific 
community's harvest. Failure to comply with these conditions is a 
violation of these regulations. Community harvests are reviewed 
annually under the regulations in subpart D of this part.
    (e) You may not make a fraudulent application for Federal or State 
licenses, permits, harvest tickets or tags or intentionally file an 
incorrect harvest report.


Sec. ____.7  Restriction on use.

    (a) You may not trade or sell fish and wildlife, taken pursuant to 
the regulations in this part, except as provided for in Secs. ____.25, 
____.26, and ____.27.
    (b) You may not use, sell, or trade fish and wildlife, taken 
pursuant to the regulations in this part, in any significant commercial 
enterprise.


Sec. ____.8  Penalties.

    If you are convicted of violating any provision of 50 CFR Part 100 
or 36 CFR Part 242, you may be punished by a fine or by imprisonment in 
accordance with the penalty provisions applicable to the public land 
where the violation occurred.


Sec. ____.9  Information collection requirements.

    (a) The rules in this part contain information collection 
requirements subject to Office of Management and Budget (OMB) approval 
under 44 U.S.C. 3501-3520. They apply to fish and wildlife harvest 
activities on public lands in Alaska. Subsistence users will not be 
required to respond to an information collection request unless a valid 
OMB number is displayed on the information collection form.
    (1) Section ____.6, Licenses, permits, harvest tickets, tags, and 
reports. The information collection requirements contained in 
Sec. ____.6 (Federal Subsistence Registration Permit or Federal 
Designated Hunter Permit forms) provide for permit-specific subsistence 
activities not authorized through the general adoption of State 
regulations. Identity and location of residence are required to 
determine if you are eligible for a permit and a report of success is 
required after a harvest attempt. These requirements are not 
duplicative with the requirements of paragraph (a)(3) of this section. 
The regulations in Sec. ____.6 require this information before a rural 
Alaska resident may engage in subsistence uses on public lands. The 
Department estimates that the average time necessary to obtain and 
comply with this permit information collection requirement is 0.25 
hours.
    (2) Section ____.20, Request for reconsideration. The information 
collection requirements contained in Sec. ____.20 provide a 
standardized process to allow individuals the opportunity to appeal 
decisions of the Board. Submission of a request for reconsideration is 
voluntary but required to receive a final review by the Board. We 
estimate that a request for reconsideration will take 4 hours to 
prepare and submit.
    (3) The remaining information collection requirements contained in 
this part imposed upon subsistence users are those adopted from State 
regulations. These collection requirements would exist in the absence 
of Federal subsistence regulations and are not subject to the Paperwork 
Reduction Act. The burden in this situation is negligible and 
information gained from these reports are systematically available to 
Federal managers by routine computer access requiring less than one 
hour.
    (b) You may direct comments on the burden estimate or any other 
aspect of the burden estimate to: Information Collection Officer, U.S. 
Fish and Wildlife Service, 1849 C Street, N.W., MS 224 ARLSQ, 
Washington, D.C. 20240; and the Desk Officer for the Interior 
Department, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, D.C. 20503. Additional information 
requirements may be imposed if Local Advisory Committees or additional 
Regional Councils, subject to the Federal Advisory Committee Act 
(FACA), are established under subpart B of this part. Such requirements 
will be submitted to OMB for approval prior to their implementation.

Subpart B--Program Structure


Sec. ____.10  Federal Subsistence Board.

    (a) The Secretary of the Interior and Secretary of Agriculture 
hereby establish a Federal Subsistence Board, and assign them 
responsibility for, administering the subsistence taking and uses of 
fish and wildlife on public lands, and the related promulgation and 
signature authority for regulations of subparts C and D of this part. 
The Secretaries, however, retain their existing authority to restrict 
or eliminate hunting, fishing, or trapping activities which occur on 
lands or waters in Alaska other than public lands when such activities 
interfere with subsistence hunting, fishing, or trapping on the public 
lands to such an extent as to result in a failure to provide the 
subsistence priority.
    (b) Membership. (1) The voting members of the Board are: a Chair to 
be appointed by the Secretary of the Interior with the concurrence of 
the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish 
and Wildlife Service; Alaska Regional Director, National Park Service; 
Alaska Regional Forester, USDA Forest Service; the Alaska State 
Director, Bureau of Land Management; and the Alaska Area Director, 
Bureau of Indian Affairs. Each member of the Board may appoint a 
designee.
    (2) [Reserved]
    (c) Liaisons to the Board are: a State liaison, and the Chairman of 
each Regional Council. The State liaison and the Chairman of each 
Regional Council may attend public sessions of all Board meetings and 
be actively involved as consultants to the Board.
    (d) Powers and duties. (1) The Board shall meet at least twice per 
year and at such other times as deemed necessary. Meetings shall occur 
at the call of the Chair, but any member may request a meeting.
    (2) A quorum consists of four members.
    (3) No action may be taken unless a majority of voting members are 
in agreement.
    (4) The Board is empowered, to the extent necessary, to implement 
Title VIII of ANILCA, to:
    (i) Issue regulations for the management of subsistence taking and 
uses of fish and wildlife on public lands;
    (ii) Determine which communities or areas of the State are rural or 
non-rural;
    (iii) Determine which rural Alaska areas or communities have 
customary and traditional subsistence uses of specific fish and 
wildlife populations;
    (iv) Allocate subsistence uses of fish and wildlife populations on 
public lands;
    (v) Ensure that the taking on public lands of fish and wildlife for 
nonwasteful subsistence uses shall be accorded priority over the taking 
on such lands of fish and wildlife for other purposes;
    (vi) Close public lands to the non-subsistence taking of fish and 
wildlife;
    (vii) Establish priorities for the subsistence taking of fish and 
wildlife on public lands among rural Alaska residents;
    (viii) Restrict or eliminate taking of fish and wildlife on public 
lands;
    (ix) Determine what types and forms of trade of fish and wildlife 
taken for

[[Page 1290]]

subsistence uses constitute allowable customary trade;
    (x) Authorize the Regional Councils to convene;
    (xi) Establish a Regional Council in each subsistence resource 
region and recommend to the Secretaries, appointees to the Regional 
Councils, pursuant to the FACA;
    (xii) Establish Federal Advisory Committees within the subsistence 
resource regions, if necessary and recommend to the Secretaries that 
members of the Federal Advisory Committees be appointed from the group 
of individuals nominated by rural Alaska residents;
    (xiii) Establish rules and procedures for the operation of the 
Board, and the Regional Councils;
    (xiv) Review and respond to proposals for regulations, management 
plans, policies, and other matters related to subsistence taking and 
uses of fish and wildlife;
    (xv) Enter into cooperative agreements or otherwise cooperate with 
Federal agencies, the State, Native organizations, local governmental 
entities, and other persons and organizations, including international 
entities to effectuate the purposes and policies of the Federal 
subsistence management program;
    (xvi) Develop alternative permitting processes relating to the 
subsistence taking of fish and wildlife to ensure continued 
opportunities for subsistence;
    (xvii) Evaluate whether hunting, fishing, or trapping activities 
which occur on lands or waters in Alaska other than public lands 
interfere with subsistence hunting, fishing, or trapping on the public 
lands to such an extent as to result in a failure to provide the 
subsistence priority, and after appropriate consultation with the State 
of Alaska, the Regional Councils, and other Federal agencies, make a 
recommendation to the Secretaries for their action;
    (xviii) Identify, in appropriate specific instances, whether there 
exists additional Federal reservations, Federal reserved water rights 
or other Federal interests in lands or waters, including those in which 
the United States holds less than a fee ownership, to which the Federal 
subsistence priority attaches, and make appropriate recommendation to 
the Secretaries for inclusion of those interests within the Federal 
Subsistence Management Program; and
    (xix) Take other actions authorized by the Secretaries to implement 
Title VIII of ANILCA.
    (5) The Board may implement one or more of the following harvest 
and harvest reporting or permit systems:
    (i) The fish and wildlife is taken by an individual who is required 
to obtain and possess pertinent State harvest permits, tickets, or 
tags, or Federal permit (Federal Subsistence Registration Permit);
    (ii) A qualified subsistence user may designate another qualified 
subsistence user (by using the Federal Designated Harvester Permit) to 
take fish and wildlife on his or her behalf;
    (iii) The fish and wildlife is taken by individuals or community 
representatives permitted (via a Federal Subsistence Registration 
Permit) a one-time or annual harvest for special purposes including 
ceremonies and potlatches; or
    (iv) The fish and wildlife is taken by representatives of a 
community permitted to do so in a manner consistent with the 
community's customary and traditional practices.
    (6) The Board may delegate to agency field officials the authority 
to set harvest limits, define harvest areas, and open or close specific 
fish or wildlife harvest seasons within frameworks established by the 
Board.
    (7) The Board shall establish a Staff Committee for analytical and 
administrative assistance composed of a member from the U.S. Fish and 
Wildlife Service, National Park Service, U.S. Bureau of Land 
Management, Bureau of Indian Affairs, and USDA Forest Service. A U.S. 
Fish and Wildlife Service representative shall serve as Chair of the 
Staff Committee.
    (8) The Board may establish and dissolve additional committees as 
necessary for assistance.
    (9) The U.S. Fish and Wildlife Service shall provide appropriate 
administrative support for the Board.
    (10) The Board shall authorize at least two meetings per year for 
each Regional Council.
    (e) Relationship to Regional Councils. (1) The Board shall consider 
the reports and recommendations of the Regional Councils concerning the 
taking of fish and wildlife on public lands within their respective 
regions for subsistence uses. The Board may choose not to follow any 
Regional Council recommendation which it determines is not supported by 
substantial evidence, violates recognized principles of fish and 
wildlife conservation, would be detrimental to the satisfaction of 
subsistence needs, or in closure situations, for reasons of public 
safety or administration or to assure the continued viability of a 
particular fish or wildlife population. If a recommendation is not 
adopted, the Board shall set forth the factual basis and the reasons 
for the decision, in writing, in a timely fashion.
    (2) The Board shall provide available and appropriate technical 
assistance to the Regional Councils.


Sec. ____.11  Regional advisory councils.

    (a) The Board shall establish a Regional Council for each 
subsistence resource region to participate in the Federal subsistence 
management program. The Regional Councils shall be established, and 
conduct their activities, in accordance with the FACA. The Regional 
Councils shall provide a regional forum for the collection and 
expression of opinions and recommendations on matters related to 
subsistence taking and uses of fish and wildlife resources on public 
lands. The Regional Councils shall provide for public participation in 
the Federal regulatory process.
    (b) Establishment of Regional Councils; membership. (1) The number 
of members for each Regional Council shall be established by the Board, 
and shall be an odd number. A Regional Council member must be a 
resident of the region in which he or she is appointed and be 
knowledgeable about the region and subsistence uses of the public lands 
therein. The Board shall accept nominations and recommend to the 
Secretaries that representatives on the Regional Councils be appointed 
from those nominated by subsistence users. Appointments to the Regional 
Councils shall be made by the Secretaries.
    (2) Regional Council members shall serve 3 year terms and may be 
reappointed. Initial members shall be appointed with staggered terms up 
to three years.
    (3) The Chair of each Regional Council shall be elected by the 
applicable Regional Council, from its membership, for a one year term 
and may be reelected.
    (c) Powers and Duties. (1) The Regional Councils are authorized to:
    (i) Hold public meetings related to subsistence uses of fish and 
wildlife within their respective regions, after the Chair of the Board 
or the designated Federal Coordinator has called the meeting and 
approved the meeting agenda;
    (ii) Elect officers;
    (iii) Review, evaluate, and make recommendations to the Board on 
proposals for regulations, policies, management plans, and other 
matters relating to the subsistence take of fish and wildlife under 
these regulations within the region;
    (iv) Provide a forum for the expression of opinions and

[[Page 1291]]

recommendations by persons interested in any matter related to the 
subsistence uses of fish and wildlife within the region;
    (v) Encourage local and regional participation, pursuant to the 
provisions of the regulations in this part in the decisionmaking 
process affecting the taking of fish and wildlife on the public lands 
within the region for subsistence uses;
    (vi) Prepare and submit to the Board an annual report containing--
    (A) An identification of current and anticipated subsistence uses 
of fish and wildlife populations within the region;
    (B) An evaluation of current and anticipated subsistence needs for 
fish and wildlife populations from the public lands within the region;
    (C) A recommended strategy for the management of fish and wildlife 
populations within the region to accommodate such subsistence uses and 
needs related to the public lands; and
    (D) Recommendations concerning policies, standards, guidelines, and 
regulations to implement the strategy;
    (vii) Appoint members to each Subsistence Resource Commission 
within their region in accordance with the requirements of Section 808 
of ANILCA;
    (viii) Make recommendations on determinations of customary and 
traditional use of subsistence resources;
    (ix) Make recommendations on determinations of rural status;
    (x) Make recommendations regarding the allocation of subsistence 
uses among rural Alaska residents pursuant to Sec. __.17;
    (xi) Develop proposals pertaining to the subsistence taking and use 
of fish and wildlife under these regulations, and review and evaluate 
such proposals submitted by other sources;
    (xii) Provide recommendations on the establishment and membership 
of Federal Advisory Committees.
    (2) The Regional Councils shall:
    (i) Operate in conformance with the provisions of FACA and comply 
with rules of operation established by the Board;
    (ii) Perform other duties specified by the Board.


Sec. ____.12  Local advisory committees.

    (a) The Board shall establish such local Federal Advisory 
Committees within each region as necessary at such time that it is 
determined, after notice and hearing and consultation with the State, 
that the existing State fish and game advisory committees do not 
adequately provide advice to, and assist, the particular Regional 
Council in carrying out its function as set forth in Sec. __.11.
    (b) Local Federal Advisory Committees, if established by the Board, 
shall operate in conformance with the provisions of the FACA, and 
comply with rules of operation established by the Board.


Sec. ____.13  Board/agency relationships.

    (a) General. (1) The Board, in making decisions or recommendations, 
shall consider and ensure compliance with specific statutory 
requirements regarding the management of resources on public lands, 
recognizing that the management policies applicable to some public 
lands may entail methods of resource and habitat management and 
protection different from methods appropriate for other public lands.
    (2) The Board shall issue regulations for subsistence taking of 
fish and wildlife on public lands. The Board is the final 
administrative authority on the promulgation of subpart C and D 
regulations relating to the subsistence taking of fish and wildlife on 
public lands.
    (3) Nothing in the regulations in this part shall enlarge or 
diminish the authority of any agency to issue regulations necessary for 
the proper management of public lands under their jurisdiction in 
accordance with ANILCA and other existing laws.
    (b) Section 808 of ANILCA establishes National Park and Park 
Monument Subsistence Resource Commissions. Nothing in the regulations 
in this part affects the duties or authorities of these commissions.


Sec. ____.14  Relationship to State procedures and regulations.

    (a) State fish and game regulations apply to public lands and such 
laws are hereby adopted and made a part of the regulations in this part 
to the extent they are not inconsistent with, or superseded by the 
regulations in this part.
    (b) The Board may close public lands to hunting and fishing, or 
take actions to restrict the taking of fish and wildlife despite any 
State authorization for taking fish and wildlife on public lands. The 
Board may review and adopt State openings, closures, or restrictions 
which serve to achieve the objectives of the regulations in this part.
    (c) The Board may enter into agreements with the State in order to 
coordinate respective management responsibilities.
    (d) Petition for repeal of subsistence rules and regulations. (1) 
The State of Alaska may petition the Secretaries for repeal of the 
subsistence rules and regulations in this part when the State has 
enacted and implemented subsistence management and use laws which:
    (i) Are consistent with sections 803, 804, and 805 of ANILCA; and
    (ii) Provide for the subsistence definition, preference, and 
participation specified in sections 803, 804, and 805 of ANILCA.
    (2) The State's petition shall:
    (i) Be submitted to the Secretary of the Interior, U.S. Department 
of the Interior, Washington, D.C. 20240, and the Secretary of 
Agriculture, U.S. Department of Agriculture, Washington, D.C. 20240;
    (ii) Include the entire text of applicable State legislation 
indicating compliance with sections 803, 804, and 805 of ANILCA; and
    (iii) Set forth all data and arguments available to the State in 
support of legislative compliance with sections 803, 804, and 805 of 
ANILCA.
    (3) If the Secretaries find that the State's petition contains 
adequate justification, a rulemaking proceeding for repeal of the 
regulations in this part will be initiated. If the Secretaries find 
that the State's petition does not contain adequate justification, the 
petition will be denied by letter or other notice, with a statement of 
the ground for denial.


Sec. ____.15  Rural determination process.

    (a) The Board shall determine if an area or community in Alaska is 
rural. In determining whether a specific area of Alaska is rural, the 
Board shall use the following guidelines:
    (1) A community or area with a population of 2500 or less shall be 
deemed to be rural unless such a community or area possesses 
significant characteristics of a non-rural nature, or is considered to 
be socially and economically a part of an urbanized area.
    (2) Communities or areas with populations above 2500 but not more 
than 7000 will be determined to be rural or non-rural.
    (3) A community with a population of more than 7000 shall be 
presumed non-rural, unless such a community or area possesses 
significant characteristics of a rural nature.
    (4) Population data from the most recent census conducted by the 
United States Bureau of Census as updated by the Alaska Department of 
Labor shall be utilized in this process.
    (5) Community or area characteristics shall be considered in 
evaluating a community's rural or non-rural status. The characteristics 
may include, but are not limited to:
    (i) Use of fish and wildlife;
    (ii) Development and diversity of the economy;

[[Page 1292]]

    (iii) Community infrastructure;
    (iv) Transportation; and
    (v) Educational institutions.
    (6) Communities or areas which are economically, socially and 
communally integrated shall be considered in the aggregate.
    (b) The Board shall periodically review rural determinations. Rural 
determinations shall be reviewed on a ten year cycle, commencing with 
the publication of the year 2000 U.S. census. Rural determinations may 
be reviewed out-of-cycle in special circumstances. Once the Board makes 
a determination that a community has changed from rural to non-rural, a 
waiting period of five years shall be required before the non-rural 
determination becomes effective.
    (c) Current determinations are listed at Sec. ____.23.


Sec. ____.16  Customary and traditional use determination process.

    (a) The Board shall determine which fish stocks and wildlife 
populations have been customarily and traditionally used for 
subsistence. These determinations shall identify the specific 
community's or area's use of specific fish stocks and wildlife 
populations. For areas managed by the National Park Service, where 
subsistence uses are allowed, the determinations may be made on an 
individual basis.
    (b) A community or area shall generally exhibit the following 
factors, which exemplify customary and traditional use. The Board shall 
make customary and traditional use determinations based on application 
of the following factors:
    (1) A long-term consistent pattern of use, excluding interruptions 
beyond the control of the community or area;
    (2) A pattern of use recurring in specific seasons for many years;
    (3) A pattern of use consisting of methods and means of harvest 
which are characterized by efficiency and economy of effort and cost, 
conditioned by local characteristics;
    (4) The consistent harvest and use of fish or wildlife as related 
to past methods and means of taking; near, or reasonably accessible 
from the community or area;
    (5) A means of handling, preparing, preserving, and storing fish or 
wildlife which has been traditionally used by past generations, 
including consideration of alteration of past practices due to recent 
technological advances, where appropriate;
    (6) A pattern of use which includes the handing down of knowledge 
of fishing and hunting skills, values and lore from generation to 
generation;
    (7) A pattern of use in which the harvest is shared or distributed 
within a definable community of persons; and
    (8) A pattern of use which relates to reliance upon a wide 
diversity of fish and wildlife resources of the area and which provides 
substantial cultural, economic, social, and nutritional elements to the 
community or area.
    (c) The Board shall take into consideration the reports and 
recommendations of any appropriate Regional Council regarding customary 
and traditional uses of subsistence resources.
    (d) Current determinations are listed in Sec. ____.24.


Sec. ____.17  Determining priorities for subsistence uses among rural 
Alaska residents.

    (a) Whenever it is necessary to restrict the subsistence taking of 
fish and wildlife on public lands in order to protect the continued 
viability of such populations, or to continue subsistence uses, the 
Board shall establish a priority among the rural Alaska residents after 
considering any recommendation submitted by an appropriate Regional 
Council.
    (b) The priority shall be implemented through appropriate 
limitations based on the application of the following criteria to each 
area, community, or individual determined to have customary and 
traditional use, as necessary:
    (1) Customary and direct dependence upon the populations as the 
mainstay of livelihood;
    (2) Local residency; and
    (3) The availability of alternative resources.
    (c) If allocation on an area or community basis is not achievable, 
then the Board shall allocate subsistence opportunity on an individual 
basis through application of the criteria in paragraphs (b) (1) through 
(3) of this section.
    (d) In addressing a situation where prioritized allocation becomes 
necessary, the Board shall solicit recommendations from the Regional 
Council in the area affected.


Sec. ____.18  Regulation adoption process.

    (a) Proposals for changes to the Federal subsistence regulations in 
subpart D of this part shall be accepted by the Board according to a 
published schedule. The Board may establish a rotating schedule for 
accepting proposals on various parts of subpart D regulations over a 
period of years. The Board shall develop and publish proposed 
regulations in the Federal Register and publish notice in local 
newspapers. Comments on the proposed regulations in the form of 
proposals shall be distributed for public review.
    (1) Proposals shall be made available for at least a thirty (30) 
day review by the Regional Councils. Regional Councils shall forward 
their recommendations on proposals to the Board. Such proposals with 
recommendations may be submitted in the time period as specified by the 
Board or as a part of the Regional Council's annual report described in 
Sec. ____.11, whichever is earlier.
    (2) The Board shall publish notice throughout Alaska of the 
availability of proposals received.
    (3) The public shall have at least thirty (30) days to review and 
comment on proposals.
    (4) After the comment period the Board shall meet to receive public 
testimony and consider the proposals. The Board shall consider 
traditional use patterns when establishing harvest levels and seasons, 
and methods and means. The Board may choose not to follow any 
recommendation which the Board determines is not supported by 
substantial evidence, violates recognized principles of fish and 
wildlife conservation, or would be detrimental to the satisfaction of 
subsistence needs. If a recommendation approved by a Regional Council 
is not adopted by the Board, the Board shall set forth the factual 
basis and the reasons for its decision in writing to the Regional 
Council.
    (5) Following consideration of the proposals the Board shall 
publish final regulations pertaining to subpart D of this part in the 
Federal Register.
    (b) Proposals for changes to subpart C of this part shall be 
accepted by the Board according to a published schedule. The Board 
shall develop and publish proposed regulations in the Federal Register 
and publish notice in local newspapers. Comments on the proposed 
regulations in the form of proposals shall be distributed for public 
review.
    (1) Public and governmental proposals shall be made available for a 
thirty (30) day review by the regional councils. Regional Councils 
shall forward their recommendations on proposals to the Board. Such 
proposals with recommendations may be submitted within the time period 
as specified by the Board or as a part of the Regional Council's annual 
report described in Sec. ____.11, whichever is earlier.
    (2) The Board shall publish notice throughout Alaska of the 
availability of proposals received.

[[Page 1293]]

    (3) The public shall have at least thirty (30) days to review and 
comment on proposals.
    (4) After the comment period the Board shall meet to receive public 
testimony and consider the proposals. The Board may choose not to 
follow any recommendation which the Board determines is not supported 
by substantial evidence, violates recognized principles of fish and 
wildlife conservation, or would be detrimental to the satisfaction of 
subsistence needs. If a recommendation approved by a Regional Council 
is not adopted by the Board, the Board shall set forth the factual 
basis and the reasons for their decision in writing to the Regional 
Council.
    (5) Following consideration of the proposals the Board shall 
publish final regulations pertaining to subpart C of this part in the 
Federal Register. A Board decision to change a community's or area's 
status from rural to non-rural will not become effective until five 
years after the decision has been made.
    (c) [Reserved]
    (d) Proposals for changes to subparts A and B of this part shall be 
accepted by the Secretary of the Interior in accordance with 43 CFR 
Part 14.


Sec. ____.19  Closures and other special actions.

    (a) The Board may make or direct restriction, closure, or opening 
for the taking of fish and wildlife for non-subsistence uses on public 
lands when necessary to assure the continued viability of particular 
fish or wildlife population, to continue subsistence uses of a fish or 
wildlife population, or for reasons of public safety or administration.
    (b) After consulting with the State of Alaska, providing adequate 
notice to the public, and holding at least one public hearing in the 
vicinity of the affected communities, the Board may make or direct 
temporary openings or closures to subsistence uses of a particular fish 
or wildlife population on public lands to assure the continued 
viability of a fish or wildlife population, or for reasons of public 
safety or administration. A temporary opening or closure will not 
extend beyond the regulatory year for which it is promulgated.
    (c) In an emergency situation, the Board may direct immediate 
openings or closures related to subsistence or non-subsistence uses of 
fish and wildlife on public lands, if necessary to assure the continued 
viability of a fish or wildlife population, to continue subsistence 
uses of fish or wildlife, or for public safety reasons. The Board shall 
publish notice and reasons justifying the emergency closure in the 
Federal Register and in newspapers of any area affected. The emergency 
closure shall be effective when directed by the Board, may not exceed 
60 days, and may not be extended unless it is determined by the Board, 
after notice and hearing, that such closure should be extended.
    (d) The Board may make or direct a temporary change to open or 
adjust the seasons or to increase the bag limits for subsistence uses 
of fish and wildlife populations on public lands. An affected rural 
resident, community, Regional Council, or administrative agency may 
request a temporary change in seasons or bag limits. Prior to 
implementing a temporary change, the Board shall consult with the 
State, shall comply with the provisions of 5 U.S.C. 551-559 
(Administrative Procedure Act or APA), and shall provide adequate 
notice and opportunity to comment. The length of any temporary change 
shall be confined to the minimum time period or bag limit determined by 
the Board to be necessary to satisfy subsistence uses. In addition, a 
temporary change may be made only after the Board determines that the 
proposed temporary change will not interfere with the conservation of 
healthy fish and wildlife populations. The decision of the Board shall 
be the final administrative action.
    (e) Regulations authorizing any individual agency to direct 
temporary or emergency closures on public lands managed by the agency 
remain unaffected by the regulations in this part, which authorize the 
Board to make or direct restrictions, closures, or temporary changes 
for subsistence uses on public lands.
    (f) You may not take fish and wildlife in violation of a 
restriction, closure, opening, or temporary change authorized by the 
Board.


Sec. ____.20  Request for reconsideration.

    (a) Regulations in subparts C and D of this part published in the 
Federal Register are subject to requests for reconsideration.
    (b) Any aggrieved person may file a request for reconsideration 
with the Board.
    (c) To file a request for reconsideration, you must notify the 
Board in writing within sixty (60) days of the effective date or date 
of publication of the notice, whichever is earliest, for which 
reconsideration is requested.
    (d) It is your responsibility to provide the Board with sufficient 
narrative evidence and argument to show why the action by the Board 
should be reconsidered. You must include the following information in 
your request for reconsideration:
    (1) Your name, and mailing address;
    (2) The action which you request be reconsidered and the date of 
Federal Register publication of that action;
    (3) A detailed statement of how you are adversely affected by the 
action;
    (4) A detailed statement of the facts of the dispute, the issues 
raised by the request, and specific references to any law, regulation, 
or policy that you believe to be violated and your reason for such 
allegation;
    (5) A statement of how you would like the action changed.
    (e) Upon receipt of a request for reconsideration, the Board shall 
transmit a copy of such request to any appropriate Regional Council for 
review and recommendation. The Board shall consider any Regional 
Council recommendations in making a final decision.
    (f) If the request is justified, the Board shall implement a final 
decision on a request for reconsideration after compliance with 5 
U.S.C. 551-559 (APA).
    (g) If the request is denied, the decision of the Board represents 
the final administrative action.


Sec. ____.21  [Reserved]

Subpart C--Board Determinations


Sec. ____.22  Subsistence resource regions.

    (a) The Board hereby designates the following areas as subsistence 
resource regions:
    (1) Southeast Region;
    (2) Southcentral Region;
    (3) Kodiak/Aleutians Region;
    (4) Bristol Bay Region;
    (5) Yukon-Kuskokwim Delta Region;
    (6) Western Interior Region;
    (7) Seward Peninsula Region;
    (8) Northwest Arctic Region;
    (9) Eastern Interior Region;
    (10) North Slope Region.
    (b) You may obtain maps delineating the boundaries of subsistence 
resources regions from the U.S. Fish and Wildlife Service, 1011 East 
Tudor Road, Anchorage, Alaska 99503.


Sec. ____.23  Rural determinations.

    (a) The Board has determined all communities and areas to be rural 
in accordance with Sec. ____.15 except the following:

    Adak;
    Fairbanks North Star Borough;
    Homer area--including Homer, Anchor Point, Kachemak City, and 
Fritz Creek;
    Juneau area--including Juneau, West Juneau and Douglas;
    Kenai area--including Kenai, Soldotna, Sterling, Nikiski, 
Salamatof, Kalifornsky, Kasilof, and Clam Gulch;

[[Page 1294]]

    Ketchikan area--including Ketchikan City, Clover Pass, North 
Tongass Highway, Ketchikan East, Mountain Pass, Herring Cove, Saxman 
East, and parts of Pennock Island;
    Municipality of Anchorage;
    Seward area--including Seward and Moose Pass;
    Valdez; and
    Wasilla area--including Palmer, Wasilla, Sutton, Big Lake, 
Houston, and Bodenberg Butte.

    (b) You may obtain maps delineating the boundaries of non-rural 
areas from the U.S. Fish and Wildlife Service at the address in 
Sec. ____.22(b).


Sec. ____.24  Customary and traditional use determinations.

    (a) The Board has determined that rural Alaska residents of the 
listed communities and areas have customary and traditional subsistence 
use of the specified species on Federal public lands in the specified 
areas. When there is a determination for specific communities or areas 
of residence in a Unit, all other communities not listed for that 
species in that Unit have no Federal subsistence for that species in 
that Unit. If no determination has been made for a species in a Unit, 
all rural Alaska residents are eligible to harvest fish or wildlife 
under this part.
    (1) Wildlife determinations.

----------------------------------------------------------------------------------------------------------------
                Area                           Species                             Determination
----------------------------------------------------------------------------------------------------------------
Unit 1(C)..........................  Black Bear.................  Rural residents of Unit 1(C) and Haines,
                                                                   Gustavus, Klukwan, and Hoonah.
1(A)...............................  Brown Bear.................  Rural residents of Unit 1(A) except no
                                                                   subsistence for residents of Hyder.
1(B)...............................  Brown Bear.................  Rural residents of Unit 1(A), Petersburg, and
                                                                   Wrangell, except no subsistence for residents
                                                                   of Hyder.
1(C)...............................  Brown Bear.................  Rural residents of Unit 1(C), Haines, Hoonah,
                                                                   Klukwan, Skagway, and Wrangell, except no
                                                                   subsistence for residents of Gustavus.
1(D)...............................  Brown Bear.................  Residents of 1(D).
1(A)...............................  Deer.......................  Rural residents of 1(A) and 2.
1(B)...............................  Deer.......................  Rural residents of Unit 1(A), residents of
                                                                   1(B), 2 and 3.
1(C)...............................  Deer.......................  Rural residents of 1(C) and (D), and residents
                                                                   of Hoonah and Gustavus.
1(D)...............................  Deer.......................  No Federal subsistence priority.
1(B)...............................  Goat.......................  Rural residents of Units 1(B) and 3.
1(C)...............................  Goat.......................  Residents of Haines, Klukwan, and Hoonah.
1(B)...............................  Moose......................  Rural residents of Units 1, 2, 3, and 4.
1(C) Berner's Bay..................  Moose......................  No Federal subsistence priority.
1(D)...............................  Moose......................  Residents of Unit 1(D).
Unit 2.............................  Brown Bear.................  No Federal subsistence priority.
2..................................  Deer.......................  Rural residents of Unit 1(A) and residents of
                                                                   Units 2 and 3.
Unit 3.............................  Deer.......................  Residents of Unit 1(B) and 3, and residents of
                                                                   Port Alexander, Port Protection, Pt. Baker,
                                                                   and Meyer's Chuck.
3, Wrangell and Mitkof Islands.....  Moose......................  Rural residents of Units 1(B), 2, and 3.
Unit 4.............................  Brown Bear.................  Residents of Unit 4 and Kake.
4..................................  Deer.......................  Residents of Unit 4 and residents of Kake,
                                                                   Gustavus, Haines, Petersburg, Pt. Baker,
                                                                   Klukwan, Port Protection, Wrangell, and
                                                                   Yakutat.
4..................................  Goat.......................  Residents of Sitka, Hoonah, Tenakee, Pelican,
                                                                   Funter Bay, Angoon, Port Alexander, and Elfin
                                                                   Cove.
Unit 5.............................  Black Bear.................  Residents of Unit 5(A).
5..................................  Brown Bear.................  Residents of Yakutat.
5..................................  Deer.......................  Residents of Yakutat.
5..................................  Moose......................  Residents of Unit 5(A).
Unit 6(A)..........................  Black Bear.................  Residents of Yakutat and residents of 6(C) and
                                                                   6(D), except no subsistence for Whittier.
6, Remainder                         Black Bear.................  Residents of Unit 6(C) and 6(D), except no
                                                                   subsistence for Whittier.
6..................................  Brown Bear.................  No Federal subsistence priority.
6(C) and (D).......................  Goat.......................  Rural residents of Unit 6(C) and (D).
6..................................  Moose......................  No Federal subsistence priority.
6..................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 7.............................  Brown BearNo Federal
                                      subsistence priority..
7..................................  Caribou....................  No Federal subsistence priority.
7, Brown Mountain hunt area........  Goat.......................  Residents of Port Graham and English Bay.
7, that portion draining into Kings  Moose......................  Residents of Chenega Bay and Tatitlek.
 Bay.
7, Remainder.......................  Moose......................  No Federal subsistence priority.
7..................................  Sheep......................  No Federal subsistence priority.
Unit 8.............................  Brown Bear.................  Residents of Old Harbor, Akhiok, Larsen Bay,
                                                                   Karluk, Ouzinkie, and Port Lions.
8..................................  Deer.......................  Residents of Unit 8.
8..................................  Elk........................  Residents of Unit 8.
8..................................  Goat.......................  No Federal subsistence priority.
Unit 9(D)..........................  Bison......................  No Federal subsistence priority.
9(A) and (B).......................  Black Bear.................  Residents of Units 9(A) and (B), and 17(A),
                                                                   (B), and (C).
9(A), (C) and (D)..................  Brown Bear.................  No Federal subsistence priority.
9(B)...............................  Brown Bear.................  Residents of Unit 9(B).
9(E)...............................  Brown Bear.................  Residents of Chignik Lake, Egegik, Ivanof Bay,
                                                                   Perryville, and Port Heiden/Meshik.

[[Page 1295]]

 
9(A) and (B).......................  Caribou....................  Residents of Units 9(B), 9(C) and 17.
9(C)...............................  Caribou....................  Residents of Units 9(B), 9(C) and 17 and
                                                                   residents of Egegik.
9(D)...............................  Caribou....................  Residents of Unit 9(D), and residents of False
                                                                   Pass.
9(E)...............................  Caribou....................  Residents of Units 9(B), (C), (E), 17, and
                                                                   residents of Nelson Lagoon and Sand Point.
9(A), (B), (C) and (E).............  Moose......................  Residents of Unit 9(A), (B), (C) and (E).
9(D)...............................  Moose......................  No Federal subsistence priority.
9(B)...............................  Sheep......................  Residents of Iliamna, Newhalen, Nondalton,
                                                                   Pedro Bay, and Port Alsworth.
9, Remainder.......................  Sheep......................  No determination.
9..................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
9(A), (B), (C), & (E)..............  Beaver.....................  Residents of Units 9(A), (B), (C), (E), and
                                                                   17.
Unit 10 Unimak Island..............  Caribou....................  Residents of False Pass.
10, Remainder......................  Caribou....................  No determination.
10.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 11............................  Bison......................  No Federal subsistence priority.
11.................................  Brown Bear.................  No Federal subsistence priority.
11, north of the Sanford River.....  Caribou....................  Residents of Units 11, 12, and 13 (A)-(D) and
                                                                   the residents of Chickaloon and Dot Lake.
11, remainder......................  Caribou....................  Residents of Units 11 and 13 (A)-(D) and the
                                                                   residents of Chickaloon.
11.................................  Goat.......................  Residents of Unit 11 and the residents of
                                                                   Chitina, Chistochina, Copper Center, Gakona,
                                                                   Gulkana, Mentasta Lake, Tazlina, Tonsina, and
                                                                   Dot Lake.
11, north of the Sanford River.....  Moose......................  Residents of Units 11, 12, and 13 (A)-(D) and
                                                                   the residents of Chickaloon and Dot Lake.
11, remainder......................  Moose......................  Residents of Unit 11 and Unit 13 (A)-(D) and
                                                                   the residents of Chickaloon.
11, north of the Sanford River.....  Sheep......................  Residents of Unit 12 and the communities and
                                                                   areas of Chistochina, Chitina, Copper Center,
                                                                   Dot Lake, Gakona, Glennallen, Gulkana, Kenny
                                                                   Lake, Mentasta Lake, Slana, McCarthy/South
                                                                   Wrangell/South Park, Tazlina and Tonsina;
                                                                   Residents along the Nabesna Road--Milepost 0-
                                                                   46 (Nabesna Road), and residents along the
                                                                   McCarthy Road--Milepost 0-62 (McCarthy Road).
11, remainder......................  Sheep......................  Residents of the communities and areas of
                                                                   Chisana, Chistochina, Chitina, Copper Center,
                                                                   Dot Lake, Gakona, Glennallen, Gulkana, Kenny
                                                                   Lake, Mentasta Lake, Slana, McCarthy/South
                                                                   Wrangell/South Park, Tazlina and Tonsina;
                                                                   Residents along the Tok Cuttoff--Milepost 79-
                                                                   110 (Mentasta Pass), residents along the
                                                                   Nabesna Road--Milepost 0-46 (Nabesna Road),
                                                                   and residents along the McCarthy Road--
                                                                   Milepost 0-62 (McCarthy Road).
11.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
11.................................  Grouse (Spruce, Blue,        Residents of Units 11, 12, 13 and the
                                      Ruffed and Sharp-tailed).    residents of Chickaloon, 15, 16, 20(D), 22
                                                                   and 23.
11.................................  Ptarmigan (Rock, Willow and  Residents of Units 11, 12, 13 and the
                                      White-tailed).               residents of Chickaloon, 15, 16, 20(D), 22
                                                                   and 23.
Unit 12............................  Brown Bear.................  Residents of Unit 12 and Dot Lake.
12.................................  Caribou....................  Residents of Unit 12 and residents of Dot Lake
                                                                   and Mentasta Lake.
12, South of a line from Noyes       Moose......................  Residents of Unit 11 north of 62nd parallel
 Mountain, southeast of the                                        (excluding North Slana Homestead and South
 confluence of Tatschunda Creek to                                 Slana Homestead); and residents of Unit 12,
 Nabesna River.                                                    13(A)-(D) and the residents of Chickaloon and
                                                                   residents of Dot Lake.
12, East of the Nabesna River and    Moose......................  Residents of Unit 12.
 Nabesna Glacier, south of the
 Winter Trail from Pickerel Lake to
 the Canadian Border.
12, Remainder......................  Moose......................  Residents of Unit 12 and residents of Dot Lake
                                                                   and Mentasta Lake.
12.................................  Sheep......................  Residents of Unit 12 and residents of
                                                                   Chistochina and Mentasta Lake.
12.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 13............................  Brown Bear.................  No Federal subsistence priority.
13.................................  Caribou Nelchina Herd......  Residents of Units 11, 13 and the residents of
                                                                   Chickaloon, and 12 (along Nabesna Road).
13(E)..............................  Caribou....................  Residents of McKinley Village, and the area
                                                                   along the Parks Highway between milepost 216
                                                                   and 239 (except no subsistence for residents
                                                                   of Denali National Park headquarters)
13(D)..............................  Goat.......................  No Federal subsistence priority.
13(A), (B), and (D)................  Moose......................  Residents of Unit 13 and the residents of
                                                                   Chickaloon.
13(C)..............................  Moose......................  Residents of Units 12, 13 and the residents of
                                                                   Chickaloon and Dot Lake.

[[Page 1296]]

 
13(E)..............................  Moose......................  Residents of McKinley Village, and the area
                                                                   along the Parks Highway between milepost 216
                                                                   and 239 (except no subsistence for residents
                                                                   of Denali National Park headquarters).
13(D)..............................  Sheep......................  No Federal subsistence priority.
13.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
13.................................  Grouse (Spruce, Blue,        Residents of Units 11, 13 and the residents of
                                      Ruffed & Sharp-tailed).      Chickaloon, 15, 16, 20(D), 22 & 23.
13.................................  Ptarmigan (Rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed).               Chickaloon, 15, 16, 20(D), 22 & 23.
Unit 14(B) and (C).................  Brown Bear.................  No Federal subsistence priority.
14.................................  Goat.......................  No Federal subsistence priority.
14.................................  Moose......................  No Federal subsistence priority.
14(A) and (C)......................  Sheep......................  No Federal subsistence priority.
Unit 15(C).........................  Black Bear.................  Residents of Port Graham and Nanwalek only.
15, Remainder......................  Black Bear.................  No Federal subsistence priority.
15.................................  Brown Bear.................  No Federal subsistence priority.
15(C), Port Graham and English Bay   Goat.......................  Residents of Port Graham and Nanwalek.
 hunt areas.
15(C), Seldovia hunt area..........  Goat.......................  Residents Seldovia area.
15.................................  Moose......................  Residents of Ninilchik, Nanwalek, Port Graham,
                                                                   and Seldovia.
15.................................  Sheep......................  No Federal subsistence priority.
15.................................  Ptarmigan (Rock, Willow and  Residents of Unit 15.
                                      White-tailed).
15.................................  Grouse (Spruce)............  Residents of Unit 15.
15.................................  Grouse (Ruffed)............  No Federal subsistence priority.
Unit 16............................  Brown Bear.................  No Federal subsistence priority.
16(A)..............................  Moose......................  No Federal subsistence priority.
16(B)..............................  Moose......................  Residents of Unit 16(B).
16.................................  Sheep......................  No Federal subsistence priority.
16.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
16.................................  Grouse (Spruce, Blue,        Residents of Units 11, 13 and the residents of
                                      Ruffed and Sharp-tailed).    Chickaloon, 15, 16, 20(D), 22 and 23.
16.................................  Ptarmigan (Rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed).               Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 17............................  Black Bear.................  Residents of Units 9(A) and (B), and 17(A),
                                                                   (B), and (C).
17(A)..............................  Brown Bear.................  Residents of Unit 17, and residents of
                                                                   Goodnews Bay and Platinum.
17(A) and (B) Those portions north   Brown Bear.................  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the
 northern point of Nuyakuk Lake,
 northeast to the point where the
 Unit 17 boundary intersects the
 Shotgun Hills.
17(B) and (C)......................  Brown Bear.................  Residents of Unit 17.
17.................................  Caribou....................  Residents of Units 9(B), 17 and residents of
                                                                   Lime Village and Stony River.
17(A) and (B) Those portions north   Caribou....................  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the
 northern point of Nuyakuk Lake,
 northeast to the point where the
 Unit 17 boundary intersects the
 Shotgun Hills.
17(A) and (B) Those portions north   Moose......................  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the
 northern point of Nuyakuk Lake,
 northeast to the point where the
 Unit 17 boundary intersects the
 Shotgun Hills.
17(A)..............................  Moose......................  Residents of Unit 17 and residents of Goodnews
                                                                   Bay and Platinum; however, no subsistence for
                                                                   residents of Akiachak, Akiak and Quinhagak.

[[Page 1297]]

 
17(B) and (C)......................  Moose......................  Residents of Unit 17, and residents of
                                                                   Nondalton, Levelock, Goodnews Bay and
                                                                   Platinum.
17.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
17.................................  Beaver.....................  Residents of Units 9(A), (B), (C), (E), and
                                                                   17.
Unit 18............................  Black Bear.................  Residents of Unit 18, residents of Unit 19(A)
                                                                   living downstream of the Holokuk River, and
                                                                   residents of Chuathbaluk, Aniak, Lower
                                                                   Kalskag, Holy Cross, Stebbins, St. Michael,
                                                                   and Togiak.
18.................................  Brown Bear.................  Residents of Akiachak, Akiak, Eek, Goodnews
                                                                   Bay, Kwethluk, Mt. Village, Napaskiak,
                                                                   Platinum, Quinhagak, St. Mary's, and
                                                                   Tuluksak.
18.................................  Caribou (Kilbuck caribou     INTERIM DETERMINATION BY FEDERAL SUBSISTENCE
                                      herd only).                  BOARD (12/18/91): residents of Tuluksak,
                                                                   Akiak, Akiachak, Kwethluk, Bethel,
                                                                   Oscarville, Napaskiak, Napakiak, Kasigluk,
                                                                   Atmanthluak, Nunapitchuk, Tuntutliak, Eek,
                                                                   Quinhagak, Goodnews Bay, Platinum, Togiak,
                                                                   and Twin Hills.
18 North of the Yukon River........  Caribou (except Kilbuck      Residents of Alakanuk, Andreafsky, Chevak,
                                      caribou herd).               Emmonak, Hooper Bay, Kotlik, Kwethluk,
                                                                   Marshall, Mountain Village, Pilot Station,
                                                                   Pitka's Point, Russian Mission, St. Mary's,
                                                                   St. Michael, Scammon Bay, Sheldon Point, and
                                                                   Stebbins.
18, Remainder......................  Caribou (except Kilbuck      Residents of Kwethluk.
                                      caribou herd).
18, that portion of the Yukon River  Moose......................  Residents of Unit 18 and residents of Upper
 drainage upstream of Russian                                      Kalskag, Lower Kalskag, Aniak, and
 Mission and that portion of the                                   Chuathbaluk.
 Kuskokwim River drainage upstream
 of, but not including the Tuluksak
 River drainage.
18, remainder......................  Moose......................  Residents of Unit 18 and residents of Upper
                                                                   Kalskag and Lower Kalskag.
18.................................  Muskox.....................  No Federal subsistence priority.
18.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 19(C), (D)....................  Bison......................  No Federal subsistence priority.
19(A)..............................  Brown Bear.................  Residents of Unit 19(A), (D), and Residents of
                                                                   Tuluksak, Lower Kalskag and Kwethluk.
19(B)..............................  Brown Bear.................  Residents of Kwethluk.
19(C)..............................  Brown Bear.................  No Federal subsistence priority.
19(D)..............................  Brown Bear.................  Residents of Unit 19(A) and (D), and residents
                                                                   of Tulusak and Lower Kalskag.
19(A) and (B)......................  Caribou....................  Residents of Unit 19(A) and (B) and Kwethluk;
                                                                   and residents of Unit 18 in Kuskokwim
                                                                   Drainage and Kuskokwim Bay during the winter
                                                                   season.
19(C)..............................  Caribou....................  Residents of Unit 19(C), and residents of Lime
                                                                   Village, McGrath, Nikolai, and Telida.
19(D)..............................  Caribou....................  Residents of Unit 19(D), and residents of Lime
                                                                   Village, Sleetmute and Stony River.
19(A) and (B)......................  Moose......................  Residents of Unit 18 within Kuskokwim River
                                                                   drainage upstream from and including the
                                                                   Johnson River, and Unit 19.
19(C)..............................  Moose......................  Residents of Unit 19.
19(D)..............................  Moose......................  Residents of Unit 19 and residents of Lake
                                                                   Minchumina.
19.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 20(D).........................  Bison......................  No Federal subsistence priority.
20(F)..............................  Black Bear.................  Residents of Unit 20(F) and residents of
                                                                   Stevens Village and Manley.
20(E)..............................  Brown Bear.................  Residents of Unit 12 and Dot Lake.
20(F)..............................  Brown Bear.................  Residents of Unit 20(F) and residents of
                                                                   Stevens Village and Manley.
20(A), (C) (Delta, Yanert, and       Caribou....................  No determination, except no subsistence for
 20(C) herds) and (D).                                             residents of households of the Denali
                                                                   National Park Headquarters.
20(D) and 20(E)....................  Caribou 40-Mile Herd.......  Residents of Unit 12 north of Wrangell Park-
                                                                   Preserve, rural residents of 20(D) and
                                                                   residents of 20(E).
20(A)..............................  Moose......................  Residents of Cantwell, Minto, and Nenana,
                                                                   McKinley Village, the area along the Parks
                                                                   Highway between mileposts 216 and 239, except
                                                                   no subsistence for residents of households of
                                                                   the Denali National Park Headquarters.
20(B)..............................  Moose......................  Minto Flats Management Area--residents of
                                                                   Minto and Nenana.
20(B)..............................  Moose......................  Remainder--rural residents of Unit 20(B), and
                                                                   residents of Nenana and Tanana.
20(C)..............................  Moose......................  Rural residents of Unit 20(C) (except that
                                                                   portion within Denali National Park and
                                                                   Preserve and that portion east of the
                                                                   Teklanika River), and residents of Cantwell,
                                                                   Manley, Minto, Nenana, the Parks Highway from
                                                                   milepost 300-309, Nikolai, Tanana, Telida,
                                                                   McKinley Village, and the area along the
                                                                   Parks Highway between mileposts 216 and 239.
                                                                   No subsistence for residents of households of
                                                                   the Denali National Park Headquarters.

[[Page 1298]]

 
20(D)..............................  Moose......................  Rural residents of Unit 20(D) and residents of
                                                                   Tanacross.
20(F)..............................  Moose......................  Residents of Unit 20(F), Manley, Minto and
                                                                   Stevens Village.
20(F)..............................  Wolf.......................  Residents of Unit 20(F) and residents of
                                                                   Stevens Village and Manley.
20, remainder......................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
20(D)..............................  Grouse, (Spruce, Blue,       Residents of Units 11, 13 and the residents of
                                      Ruffed and Sharp-tailed).    Chickaloon, 15, 16, 20(D), 22 and 23.
20(D)..............................  Ptarmigan (Rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed).               Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 21............................  Brown Bear.................  Rural residents of Units 21 and 23.
21.................................  Caribou, Western Arctic      Residents of Unit 21(D) west of the Koyukuk
                                      Caribou Herd only.           and Yukon Rivers, and residents of 23 and 24.
21(A) and (E)......................  Caribou....................  Residents of Unit 21(A) and Aniak,
                                                                   Chuathbaluk, Crooked Creek, Grayling, Holy
                                                                   Cross, McGrath, Shageluk and Takotna.
21(A)..............................  Moose......................  Residents of Unit 21(A), (E), Takotna,
                                                                   McGrath, Aniak and Crooked Creek.
21(B) and (C)......................  Moose......................  Residents of Unit 21(B) and (C), residents of
                                                                   Tanana and Galena.
21(D)..............................  Moose......................  Residents of Unit 21(D), and residents of
                                                                   Huslia and Ruby.
21(E)..............................  Moose......................  Residents of Unit 21(E) and residents of
                                                                   Russian Mission.
21.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
Unit 22(A).........................  Black Bear.................  Residents of Unit 22(A) and Koyuk.
22(B)..............................  Black Bear.................  Residents of Unit 22(B).
22(C), (D), and (E)................  Black Bear.................  No Federal subsistence priority.
22.................................  Brown Bear.................  Residents of Unit 22
22(A)..............................  Caribou....................  Residents of Unit 21(D) west of the Koyukuk
                                                                   and Yukon Rivers, and residents of Units 22
                                                                   (except residents of St. Lawrence Island),
                                                                   23, 24, and residents of Kotlik, Emmonak,
                                                                   Hooper Bay, Scammon Bay, Chevak, Marshall,
                                                                   Mountain Village, Pilot Station, Pitka's
                                                                   Point, Russian Mission, St. Mary's, Sheldon
                                                                   Point, and Alakanuk.
22, Remainder......................  Caribou....................  Residents of Unit 21(D) west of the Koyukuk
                                                                   and Yukon Rivers, and residents of Units 22
                                                                   (except residents of St. Lawrence Island),
                                                                   23, 24.
22.................................  Moose......................  Residents of Unit 22.
22(B)..............................  Muskox.....................  Residents of Unit 22(B).
22(C)..............................  Muskox.....................  Residents of Unit 22(C).
22(D)..............................  Muskox.....................  Residents of Unit 22(D) excluding St. Lawrence
                                                                   Island.
22(E)..............................  Muskox.....................  Residents of Unit 22(E) excluding Little
                                                                   Diomede Island.
22.................................  Wolf.......................  Residents of Units 23, 22, 21(D) north and
                                                                   west of the Yukon River, and residents of
                                                                   Kotlik.
22.................................  Grouse (Spruce, Blue,        Residents of Units 11, 13 and the residents of
                                      Ruffed and Sharp-tailed).    Chickaloon, 15, 16, 20(D), 22 and 23.
22.................................  Ptarmigan (Rock, Willow and
                                      White-tailed).
Unit 23............................  Brown Bear.................  Rural residents of Units 21 and 23.
23.................................  Caribou....................  Residents of Unit 21(D) west of the Koyukuk
                                                                   and Yukon Rivers, residents of Galena, and
                                                                   residents of Units 22, 23, 24 including
                                                                   residents of Wiseman but not including other
                                                                   residents of the Dalton Highway Corridor
                                                                   Management Area, and 26(A).
23.................................  Moose......................  Residents of Unit 23.
23 South of Kotzebue Sound and west  Muskox.....................  Residents of Unit 23 South of Kotzebue Sound
 of and including the Buckland                                     and west of and including the Buckland River
 River drainage.                                                   drainage.
23, Remainder......................  Muskox.....................  Residents of Unit 23 east and north of the
                                                                   Buckland River drainage.
23.................................  Sheep......................  Residents of Unit 23 north of the Arctic
                                                                   Circle.
23.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
23.................................  Grouse (Spruce, Blue,        Residents of Units 11, 13 and the residents of
                                      Ruffed and Sharp-tailed).    Chickaloon, 15, 16, 20(D), 22 and 23.
23.................................  Ptarmigan (Rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed).               Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 24, that portion south of       Black Bear.................  Residents of Stevens Village and residents of
 Caribou Mountain, and within the                                  Unit 24 and Wiseman, but not including any
 public lands composing or                                         other residents of the Dalton Highway
 immediately adjacent to the Dalton                                Corridor Management Area.
 Highway Corridor Management Area.
24, remainder......................  Black Bear.................  Residents of Unit 24 and Wiseman, but not
                                                                   including any other residents of the Dalton
                                                                   Highway Corridor Management Area.
24, that portion south of Caribou    Brown Bear.................  Residents of Stevens Village and residents of
 Mountain, and within the public                                   Unit 24 and Wiseman, but not including any
 lands composing or immediately                                    other residents of the Dalton Highway
 adjacent to the Dalton Highway                                    Corridor Management Area.
 Corridor Management Area.

[[Page 1299]]

 
24, remainder......................  Brown Bear.................  Residents of Unit 24 including Wiseman, but
                                                                   not including any other residents of the
                                                                   Dalton Highway Corridor Management Area
24.................................  Caribou....................  Residents of Unit 24 including Wiseman, but
                                                                   not including any other residents of the
                                                                   Dalton Highway Corridor Management Area;
                                                                   residents of Galena, Kobuk, Koyukuk, Stevens
                                                                   Village, and Tanana.
24.................................  Moose......................  Residents of Unit 24, and residents of Koyukuk
                                                                   and Galena.
24.................................  Sheep......................  Residents of Unit 24 residing north of the
                                                                   Arctic Circle and residents of Allakaket,
                                                                   Alatna, Hughes, and Huslia.
24.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 25(D).........................  Black Bear.................  Residents of Unit 25(D).
25(D)..............................  Brown Bear.................  Residents of Unit 25(D).
25, remainder......................  Brown Bear.................  No Federal subsistence priority.
25(A)..............................  Moose......................  Residents of Unit 25(A) and 25(D).
25(D) West.........................  Moose......................  Residents of Beaver, Birch Creek and Stevens
                                                                   Village.
25(D), Remainder...................  Moose......................  Residents of Remainder of Unit 25.
25(A)..............................  Sheep......................  Residents of Arctic Village, Chalkytsik, Fort
                                                                   Yukon, Kaktovik and Venetie.
25(B) and (C)......................  Sheep......................  No Federal subsistence priority.
25(D)..............................  Wolf.......................  Residents of Unit 25(D).
25, remainder......................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 26............................  Brown Bear.................  Residents of Unit 26 (except the Prudhoe Bay-
                                                                   Deadhorse Industrial Complex) and residents
                                                                   of Anaktuvuk Pass and Point Hope.
26(A)..............................  Caribou....................  Residents of Unit 26 and the residents of
                                                                   Anaktuvuk Pass and Point Hope.
26(B)..............................  Caribou....................  Residents of Unit 26 and the residents of
                                                                   Anaktuvuk Pass, Point Hope, and Wiseman.
26(C)..............................  Caribou....................  Residents of Unit 26 and the residents of
                                                                   Anaktuvuk Pass and Point Hope.
26.................................  Moose......................  Residents of Unit 26, (except the Prudhoe Bay-
                                                                   Deadhorse Industrial Complex), and residents
                                                                   of Point Hope and Anaktuvuk Pass.
26(A)..............................  Muskox.....................  Residents of Anaktuvuk Pass, Atqasuk, Barrow,
                                                                   Nuiqsut, Point Hope, Point Lay, and
                                                                   Wainwright.
26(B)..............................  Muskox.....................  Residents of Anaktuvuk Pass, Nuiqsut, and
                                                                   Kaktovik.
26(C)..............................  Muskox.....................  Residents of Kaktovik.
26(A)..............................  Sheep......................  Residents of Unit 26, Anaktuvuk Pass, and
                                                                   Point Hope.
26(B)..............................  Sheep......................  Residents of Unit 26, Anaktuvuk Pass, Point
                                                                   Hope, and Wiseman.
26(C)..............................  Sheep......................  Residents of Unit 26, Arctic Village,
                                                                   Chalkytsik, Fort Yukon, Point Hope, and
                                                                   Venetie.
26.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
----------------------------------------------------------------------------------------------------------------

    (2) Fish determinations.

----------------------------------------------------------------------------------------------------------------
                Area                           Species                             Determination
----------------------------------------------------------------------------------------------------------------
KOTZEBUE AREA......................  All fish...................  Residents of the Kotzebue Area.
NORTON SOUND--PORT CLARENCE AREA...  All fish...................  Residents of the Norton Sound-Port Clarence
                                                                   Area.
YUKON-NORTHERN AREA:
    Yukon River drainage...........  Salmon, other than Yukon     Residents of the Yukon Area, including the
                                      River Fall Chum salmon.      community of Stebbins.
    Yukon River drainage...........  Yukon River Fall chum        Residents of the Yukon River drainage,
                                      salmon.                      including the communities of Stebbins,
                                                                   Scammon Bay, Hooper Bay, and Chevak.
    Yukon River drainage...........  Freshwater fish species      Residents of the Yukon-Northern Area.
                                      (other than salmon),
                                      including sheefish,
                                      whitefish, lamprey,
                                      burbot, sucker, grayling,
                                      pike, char, and blackfish.
    Remainder......................  All fish...................  Residents of the Northern Area, except for
                                                                   those domiciled in Unit 26-B.
KUSKOKWIM AREA.....................  Salmon.....................  Residents of the Kuskokwim Area, except those
                                                                   persons residing on the United States
                                                                   military installation located on Cape
                                                                   Newenham, Sparevohn USAFB, and Tatalina
                                                                   USAFB.
                                     Rainbow trout..............  Residents of the communities of Quinhagak,
                                                                   Goodnews Bay, Kwethluk, Eek, Akiachak, Akiak,
                                                                   and Platinum.
                                     Pacific cod................  Residents of the communities of Chevak,
                                                                   Newtok, Tununak, Toksook Bay, Nightmute,
                                                                   Chefornak, Kipnuk, Mekoryuk, Kwigillingok,
                                                                   Kongiganak, Eek, and Tuntutuliak.
                                     All other fish other than    Residents of the Kuskokwim Area.
                                      herring.

[[Page 1300]]

 
Waters around Nunivak Island.......  Herring and herring roe....  Residents within 20 miles of the coast between
                                                                   the westernmost tip of the Naskonant
                                                                   Peninsula and the terminus of the Ishowik
                                                                   River and on Nunivak Island.
BRISTOL BAY AREA:
    Nushagak District, including     Salmon and other freshwater  Residents of the Nushagak District and
     drainages flowing into the       fish.                        freshwater drainages flowing into the
     district.                                                     district.
    Naknek-Kvichak District--Naknek  Salmon and other freshwater  Residents of the Naknek and Kvichak River
     River drainage.                  fish.                        drainages.
    Naknek-Kvichak District--        Salmon and other freshwater  Residents of the Iliamna-Lake Clark drainage.
     Iliamna-Lake Clark drainage.     fish.
    Togiak District, including       Salmon and other freshwater  Residents of the Togiak District, freshwater
     drainages flowing into the       fish.                        drainages flowing into the district, and the
     district.                                                     community of Manokotak.
    Togiak District................  Herring spawn on kelp......  Residents of the Togiak District.
    Remainder......................  All fish...................  Residents of the Bristol Bay Area.
ALEUTIAN ISLANDS AREA..............  All fish...................  Residents of the Aleutian Islands Area and the
                                                                   Pribilof Islands.
ALASKA PENINSULA AREA..............  Halibut....................  Residents of the Alaska Peninsula Area and the
                                                                   communities of Ivanof Bay and Perryville.
                                     All other fish in the        Residents of the Alaska Peninsula Area.
                                      Alaska Peninsula Area.
CHIGNIK AREA.......................  Halibut, salmon and fish     Residents of the Chignik Area.
                                      other than steelhead and
                                      rainbow trout.
KODIAK AREA--except the Mainland     Salmon.....................  Residents of the Kodiak Island Borough, except
 District, all waters along the                                    those residing on the Kodiak Coast Guard
 south side of the Alaska Peninsula                                Base.
 bounded by the latitude of Cape
 Douglas (58 deg.52' North
 latitude) mid-stream Shelikof
 Strait, and east of the longitude
 of the southern entrance of Imuya
 Bay near Kilokak Rocks (57
 deg.11'22'' North latitude, 156
 deg.20'30'' W longitude).
Kodiak Area........................  Fish other than steelhead    Residents of the Kodiak Area.
                                      and rainbow trout and
                                      salmon.
COOK INLET AREA....................  Fish other than salmon,      Residents of the Cook Inlet Area.
                                      Dolly Varden, trout, char,
                                      grayling, and burbot.
PRINCE WILLIAM SOUND AREA:
    South-Western District and       Salmon.....................  Residents of the Southwestern District which
     Green Island.                                                 is mainland waters from the outer point on
                                                                   the north shore of Granite Bay to Cape
                                                                   Fairfield, and Knight Island, Chenega Island,
                                                                   Bainbridge Island, Evans Island, Elrington
                                                                   Island, Latouche Island and adjacent islands.
    North of a line from Porcupine   Salmon.....................  Residents of the villages of Tatitlek and
     Point to Granite Point, and                                   Ellamar.
     south of a line from Point
     Lowe to Tongue Point.
    Glennallen Subdistrict of the    Salmon.....................  Residents of the Prince William Sound Area.
     Upper Copper River District
     and the waters of the Copper
     River.
    Copper River District--          Salmon.....................  Residents of the Prince William Sound Area.
     remainder.
YAKUTAT AREA:
    Freshwater upstream from the     Salmon.....................  Residents of the area east of Yakutat Bay,
     terminus of streams and rivers                                including the islands within Yakutat Bay,
     of the Yakutat Area from the                                  west of the Situk River drainage, and south
     Doame River to the Tsiu River.                                of and including Knight Island.
    Freshwater upstream from the     Dolly Varden, steelhead      Residents of the area east of Yakutat Bay,
     terminus of streams and rivers   trout, and smelt.            including the islands within Yakutat Bay,
     of the Yakutat Area from the                                  west of the Situk River drainage, and south
     Doame River to Point Manby.                                   of and including Knight Island.
SOUTHEASTERN ALASKA AREA:
    District 1--Section 1-E in       Salmon, Dolly Varden,        Residents of the City of Saxman.
     waters of the Naha River and     trout, smelt and eulachon.
     Roosevelt Lagoon.
    District 1--Section 1-F in Boca  Salmon, Dolly Varden,        Residents of the City of Saxman.
     de Quadra in waters of Sockeye   trout, smelt and eulachon.
     Creek and Hugh Smith Lake
     within 500 yards of the
     terminus of Sockeye Creek.

[[Page 1301]]

 
    District 2--North of the         Salmon, Dolly Varden,        Residents of the City of Kasaan and in the
     latitude of the northern-most    trout, smelt and eulachon.   drainage of the southeastern shore of the
     tip of Chasina Point and west                                 Kasaan Peninsula west of 132 deg. 20' W.
     of a line from the northern-                                  long. and east of 132 deg. 25' W. long.
     most tip of Chasina Point to
     the eastern-most tip of
     Grindall Island to the eastern-
     most tip of the Kasaan
     Peninsula.
    District 3--Section 3-A........  Salmon, Dolly Varden,        Residents of the townsite of Hydaburg.
                                      trout, smelt and eulachon.
    District 3--Section A..........  Halibut and bottomfish.....  Residents of Southeast Area.
    District 3--Section 3-B in       Salmon, Dolly Varden,        Residents of the City of Klawock and on Prince
     waters east of a line from       trout, smelt and eulachon.   of Wales Island within the boundaries of the
     Point Ildefonso to Tranquil                                   Klawock Heenya Corporation land holdings as
     Point.                                                        they exist in January 1989, and those
                                                                   residents of the City of Craig and on Prince
                                                                   of Wales Island within the boundaries of the
                                                                   Shan Seet Corporation land holdings as they
                                                                   exist in January 1989.
    District 3--Section 3-C in       Salmon, Dolly Varden,        Residents of the City of Klawock and on Prince
     waters of Sarkar Lakes.          trout, smelt and eulachon.   of Wales Island within the boundaries of the
                                                                   Klawock Heenya Corporation land holdings as
                                                                   they exist in January 1989, and those
                                                                   residents of the City of Craig and on Prince
                                                                   of Wales Island within the boundaries of the
                                                                   Shan Seet Corporation land holdings as they
                                                                   exist in January 1989.
    District 5--North of a line      Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     from Point Barrie to Boulder     trout, smelt and eulachon.   Island drainages emptying into Keku Strait
     Point.                                                        south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 9--Section 9-A........  Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
                                      trout, smelt and eulachon.   Island drainages emptying into Keku Strait
                                                                   south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 9--Section 9-B north    Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     of the latitude of Swain Point.  trout, smelt and eulachon.   Island drainages emptying into Keku Strait
                                                                   south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 10--West of a line      Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     from Pinta Point to False        trout, smelt and eulachon.   Island drainages emptying into Keku Strait
     Point Pybus.                                                  south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 12--South of a line     Salmon, Dolly Varden,        Residents of the City of Angoon and along the
     from Fishery Point to south      trout, smelt and eulachon.   western shore of Admiralty Island north of
     Passage Point and north of the                                the latitude of Sand Island, south of the
     latitude of Point Caution.                                    latitude of Thayer Creek, and west of 134
                                                                   deg.30' W. long., including Killisnoo Island.
    District 13--Section 13-A south  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
     of the latitude of Cape Edward.  trout, smelt and eulachon.   drainages which empty into Section 13-B north
                                                                   of the latitude of Dorothy Narrows.
    District 13--Section 13-B north  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
     of the latitude of Redfish       trout, smelt and eulachon.   drainages which empty into Section 13-B north
     Cape.                                                         of the latitude of Dorothy Narrows.
    District 13--Section 13-C......  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
                                      trout, smelt and eulachon.   drainages which empty into Section 13-B north
                                                                   of the latitude of Dorothy Narrows.
    District 13--Section 13-C east   Salmon, Dolly Varden,        Residents of the City of Angoon and along the
     of the longitude of Point        trout, smelt and eulachon.   western shore of Admiralty Island north of
     Elizabeth.                                                    the latitude of Sand Island, south of the
                                                                   latitude of Thayer Creek, and west of 134
                                                                   deg.30' W. long., including Killisnoo Island.
    District 14--Section 14-B and    Salmon, Dolly Varden,        Residents of the City of Hoonah and in
     14-C.                            trout, smelt and eulachon.   Chichagof Island drainages on the eastern
                                                                   shore of Port Frederick from Gartina Creek to
                                                                   Point Sophia.
----------------------------------------------------------------------------------------------------------------

    (3) Shellfish determinations.

------------------------------------------------------------------------
            Area                     Species            Determination
------------------------------------------------------------------------
BERING SEA AREA.............  All shellfish.......  Residents of the
                                                     Bering Sea Area.
ALASKA PENINSULA-ALEUTIAN     Shrimp, Dungeness,    Residents of the
 ISLANDS AREA.                 king, and Tanner      Alaska Peninsula-
                               crab.                 Aleutian Islands
                                                     Area.
KODIAK AREA.................  Shrimp, Dungeness,    Residents of the
                               and Tanner crab.      Kodiak Area.
Kodiak Area, except for the   King crab...........  Residents of the
 Semidi Island, the North                            Kodiak Island
 Mainland, and the South                             Borough except
 Mainland Sections.                                  those residents on
                                                     the Kodiak Coast
                                                     Guard base.
PRINCE WILLIAM SOUND AREA...  Shrimp, clams,        Residents of the
                               Dungeness, king,      Prince William
                               and Tanner crab.      Sound Area.
SOUTHEASTERN ALASKA--YAKUTAT
 AREA:
    Section 1-E south of the  Shellfish, except     Residents of the
     latitude of Grant         shrimp, king crab,    Southeast Area.
     Island light.             and Tanner crab.

[[Page 1302]]

 
    Section 1-F north of the  Shellfish, except     Residents of the
     latitude of the           shrimp, king crab,    Southeast Area.
     northernmost tip of       and Tanner crab.
     Mary Island, except
     waters of Boca de
     Quadra.
Section 3-A and 3-B.........  Shellfish, except     Residents of the
                               shrimp, king crab,    Southeast Area.
                               and Tanner crab.
District 13.................  Dungeness crab,       Residents of the
                               shrimp, abalone,      Southeast Area.
                               sea cucumbers, gum
                               boots, cockles, and
                               clams, except
                               geoducks.
------------------------------------------------------------------------

Subpart D--Subsistence Taking of Fish and Wildlife

    3. In subpart D, revise Secs. ____.26 and ____.27 of 36 CFR part 
242 and 50 CFR part 100 to read as follows:


Sec. ____.26  Subsistence taking of fish.

    (a) Applicability. (1) Regulations in this section apply to the 
taking of fish or their parts for subsistence uses.
    (2) You may take fish for subsistence uses at any time by any 
method unless you are restricted by the subsistence fishing regulations 
found in this section. The harvest limit specified in this section for 
a subsistence season for a species and the State harvest limit set for 
a State season for the same species are not cumulative. This means that 
if you have taken the harvest limit for a particular species under a 
subsistence season specified in this section, you may not after that, 
take any additional fish of that species under any other harvest limit 
specified for a State season.
    (b) Definitions. The following definitions shall apply to all 
regulations contained in this section and Sec. ____.27:
    Abalone Iron means a flat device which is used for taking abalone 
and which is more than one inch (24 mm) in width and less than 24 
inches (610 mm) in length, with all prying edges rounded and smooth.
    ADF&G means the Alaska Department of Fish and Game.
    Anchor means a device used to hold a fishing vessel or net in a 
fixed position relative to the beach; this includes using part of the 
seine or lead, a ship's anchor, or being secured to another vessel or 
net that is anchored.
    Beach seine means a floating net which is designed to surround fish 
and is set from and hauled to the beach.
    Cast net means a circular net with a mesh size of no more than one 
and one-half inches and weights attached to the perimeter which, when 
thrown, surrounds the fish and closes at the bottom when retrieved.
    Char means the following species: Arctic char (Salvelinus alpinis); 
lake trout (Salvelinus namaycush); brook trout (Salvelinus fontinalis), 
and Dolly Varden (Salvelinus malma).
    Crab means the following species: red king crab (Paralithodes 
camshatica); blue king crab (Paralithodes platypus); brown king crab 
(Lithodes aequispina); Lithodes couesi; all species of tanner or snow 
crab (Chionoecetes spp.); and Dungeness crab (Cancer magister).
    Depth of net means the perpendicular distance between cork line and 
lead line expressed as either linear units of measure or as a number of 
meshes, including all of the web of which the net is composed.
    Dip net means a bag-shaped net supported on all sides by a rigid 
frame; the maximum straight-line distance between any two points on the 
net frame, as measured through the net opening, may not exceed five 
feet; the depth of the bag must be at least one-half of the greatest 
straight-line distance, as measured through the net opening; no portion 
of the bag may be constructed of webbing that exceeds a stretched 
measurement of 4.5 inches; the frame must be attached to a single rigid 
handle and be operated by hand.
    Diving Gear means any type of hard hat or skin diving equipment, 
including SCUBA equipment, a tethered, umbilical, surface-supplied, or 
snorkel.
    Drainage means all of the waters comprising a watershed including 
tributary rivers, streams, sloughs, ponds and lakes which contribute to 
the water supply of the watershed.
    Drift gillnet means a drifting gillnet that has not been 
intentionally staked, anchored or otherwise fixed.
    Fishwheel means a fixed, rotating device, with no more than four 
baskets on a single axle, for catching fish which is driven by river 
current or other means.
    Freshwater of streams and rivers means the line at which freshwater 
is separated from saltwater at the mouth of streams and rivers by a 
line drawn between the seaward extremities of the exposed tideland 
banks at the present stage of the tide.
    Fyke net means a fixed, funneling (fyke) device used to entrap 
fish.
    Gear means any type of fishing apparatus.
    Gillnet means a net primarily designed to catch fish by 
entanglement in a mesh that consists of a single sheet of webbing which 
hangs between cork line and lead line, and which is fished from the 
surface of the water.
    Grappling hook means a hooked device with flukes or claws, which is 
attached to a line and operated by hand.
    Groundfish or bottomfish means any marine fish except halibut, 
osmerids, herring and salmonids.
    Hand purse seine means a floating net which is designed to surround 
fish and which can be closed at the bottom by pursing the lead line; 
pursing may only be done by hand power, and a free-running line through 
one or more rings attached to the lead line is not allowed.
    Handline means a hand-held and operated line, with one or more 
hooks attached.
    Harvest limit means the maximum legal take per person or designated 
group, per specified time period, in the area in which the person is 
fishing, even if part or all of the fish are preserved. A fish, when 
landed and killed becomes part of the harvest limit of the person 
originally hooking it.
    Herring pound means an enclosure used primarily to contain live 
herring over extended periods of time.
    Household means a person or persons having the same residence.
    Hung measure means the maximum length of the cork line when 
measured wet or dry with traction applied at one end only.
    Hydraulic clam digger means a device using water or a combination 
of air and water to remove clams from their environment.
    Jigging gear means a line or lines with lures or baited hooks, 
drawn through the water by hand, and which are operated during periods 
of ice cover from holes cut in the ice, or from shore ice and which are 
drawn through the water by hand.
    Lead means either a length of net employed for guiding fish into a 
seine, set gillnet, or other length of net, or a length of fencing 
employed for guiding fish into a fishwheel, fyke net or dip net.
    Legal limit of fishing gear means the maximum aggregate of a single 
type of fishing gear permitted to be used by one individual or boat, or 
combination of

[[Page 1303]]

boats in any particular regulatory area, district or section.
    Long line means either a stationary, buoyed, or anchored line, or a 
floating, free-drifting line with lures or baited hooks attached.
    Mechanical clam digger means a mechanical device used or capable of 
being used for the taking of clams.
    Mechanical jigging machine means a mechanical device with line and 
hooks used to jig for halibut and bottomfish, but does not include hand 
gurdies or rods with reels.
    Mile means a nautical mile when used in reference to marine waters 
or a statute mile when used in reference to fresh water.
    Possession limit means the maximum number of fish a person or 
designated group may have in possession if the fish have not been 
canned, salted, frozen, smoked, dried, or otherwise preserved so as to 
be fit for human consumption after a 15 day period.
    Pot means a portable structure designed and constructed to capture 
and retain live fish and shellfish in the water.
    Purse seine means a floating net which is designed to surround fish 
and which can be closed at the bottom by means of a free-running line 
through one or more rings attached to the lead line.
    Ring net means a bag-shaped net suspended between no more than two 
frames; the bottom frame may not be larger in perimeter than the top 
frame; the gear must be nonrigid and collapsible so that free movement 
of fish or shellfish across the top of the net is not prohibited when 
the net is employed.
    Rockfish means all species of the genus Sebastes.
    Rod and reel means either a device upon which a line is stored on a 
fixed or revolving spool and is deployed through guides mounted on a 
flexible pole, or a line that is attached to a pole.
    Salmon means the following species: pink salmon (Oncorhynchus 
gorbuscha); sockeye salmon (Oncorhynchus nerka); chinook salmon 
(Oncorhynchus tshawytscha); coho salmon (Oncorhynchus kisutch); and 
chum salmon (Oncorhynchus keta).
    Salmon stream means any stream used by salmon for spawning or for 
traveling to a spawning area.
    Salmon stream terminus means a line drawn between the seaward 
extremities of the exposed tideland banks of any salmon stream at mean 
lower low water.
    Scallop dredge means a dredge-like device designed specifically for 
and capable of taking scallops by being towed along the ocean floor.
    Sea urchin rake means a hand-held implement, no longer than four 
feet, equipped with projecting prongs used to gather sea urchins.
    Set gillnet means a gillnet that has been intentionally set, 
staked, anchored, or otherwise fixed.
    Shovel means a hand-operated implement for digging clams or 
cockles.
    Spear means a shaft with a sharp point or fork-like implement 
attached to one end which is used to thrust through the water to impale 
or retrieve fish and which is operated by hand.
    Stretched measure means the average length of any series of 10 
consecutive meshes measured from inside the first knot and including 
the last knot when wet; the 10 meshes, when being measured, shall be an 
integral part of the net, as hung, and measured perpendicular to the 
selvages; measurements shall be made by means of a metal tape measure 
while the 10 meshes being measured are suspended vertically from a 
single peg or nail, under five-pound weight.
    Subsistence fishing permit means a permit issued by the Alaska 
Department of Fish and Game, unless specifically identified otherwise.
    To operate fishing gear means any of the following: to deploy gear 
in the water; to remove gear from the water; to remove fish or 
shellfish from the gear during an open season or period; or to possess 
a gillnet containing fish during an open fishing period, except that a 
gillnet which is completely clear of the water is not considered to be 
operating for the purposes of minimum distance requirement.
    Trawl means a bag-shaped net towed through the water to capture 
fish or shellfish, and includes beam, otter, or pelagic trawl.
    Troll gear means a power gurdy troll gear consisting of a line or 
lines with lures or baited hooks which are drawn through the water by a 
power gurdy; hand troll gear consisting of a line or lines with lures 
or baited hooks which are drawn through the water from a vessel by hand 
trolling, strip fishing or other types of trolling, and which are 
retrieved by hand power or hand-powered crank and not by any type of 
electrical, hydraulic, mechanical or other assisting device or 
attachment; or dinglebar troll gear consisting of one or more lines, 
retrieved and set with a troll gurdy or hand troll gurdy, with a 
terminally attached weight from which one or more leaders with one or 
more lures or baited hooks are pulled through the water while a vessel 
is making way.
    Trout means the following species: cutthroat trout (Oncorhynchus 
clarki) and rainbow trout or steelhead trout (Oncorhynchus mykiss).
    (c) Methods, means, and general restrictions. (1) Unless otherwise 
specified in this section or under terms of a required subsistence 
fishing permit, you may use the following legal types of gear for 
subsistence fishing:
    (i) A set gillnet;
    (ii) A drift gillnet;
    (iii) A purse seine;
    (iv) A hand purse seine;
    (v) A beach seine;
    (vi) Troll gear;
    (vii) A fish wheel;
    (viii) A trawl;
    (ix) A pot;
    (x) A ring net;
    (xi) A longline;
    (xii) A fyke net;
    (xiii) A lead;
    (xiv) A herring pound;
    (xv) A dip net;
    (xvi) Jigging gear;
    (xvii) A mechanical jigging machine;
    (xviii) A handline;
    (xix) A shovel;
    (xx) A mechanical clam digger;
    (xxi) A hydraulic clam digger;
    (xxii) An abalone iron;
    (xxiii) A scallop dredge;
    (xxiv) A grappling hook;
    (xxv) A sea urchin rake;
    (xxvi) Diving gear;
    (xxvii) A cast net;
    (xxviii) A handline;
    (xxix) A rod and reel; and
    (xxx) A spear.
    (2) You must include an escape mechanism on all pots used to take 
fish or shellfish. The escape mechanisms are as follows:
    (i) A sidewall, which may include the tunnel, of all shellfish and 
bottomfish pots must contain an opening equal to or exceeding 18 inches 
in length, except that in shrimp pots the opening must be a minimum of 
six inches in length. The opening must be laced, sewn, or secured 
together by a single length of untreated, 100 percent cotton twine, no 
larger than 30 thread. The cotton twine may be knotted at each end 
only. The opening must be within six inches of the bottom of the pot 
and must be parallel with it. The cotton twine may not be tied or 
looped around the web bars. Dungeness crab pots may have the pot lid 
tie-down straps secured to the pot at one end by a single loop of 
untreated, 100 percent cotton twine no larger than 60 thread, or the 
pot lid must be secured so that, when the twine degrades, the lid will 
no longer be securely closed;
    (ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish 
and bottomfish pots may, instead of complying with (i) of this 
paragraph, satisfy the following: a sidewall, which

[[Page 1304]]

may include the tunnel, must contain an opening at least 18 inches in 
length, except that shrimp pots must contain an opening at least six 
inches in length. The opening must be laced, sewn, or secured together 
by a single length of treated or untreated twine, no larger than 36 
thread. A galvanic timed release device, designed to release in no more 
than 30 days in salt water, must be integral to the length of twine so 
that, when the device releases, the twine will no longer secure or 
obstruct the opening of the pot. The twine may be knotted only at each 
end and at the attachment points on the galvanic timed release device. 
The opening must be within six inches of the bottom of the pot and must 
be parallel with it. The twine may not be tied or looped around the web 
bars.
    (3) For subsistence fishing for salmon, you may not use a gillnet 
exceeding 50 fathoms in length, unless otherwise specified in this 
section. The gillnet web must contain at least 30 filaments of equal 
diameter or at least 6 filaments, each of which must be at least 0.20 
millimeter in diameter.
    (4) You may not obstruct more than one-half the width of any stream 
with any gear used to take fish for subsistence uses. You may not 
obstruct more than one-half the width of any stream with any stationary 
fishing.
    (5) You may not use live non-indigenous fish as bait.
    (6) You must have your first initial, last name, and address 
plainly and legibly inscribed on the side of your fishwheel facing 
midstream of the river.
    (7) You may use kegs or buoys of any color but red on any permitted 
gear.
    (8) You must have your first initial, last name, and address 
plainly and legibly inscribed on each keg, buoy, stakes attached to 
gillnets, stakes identifying gear fished under the ice, and any other 
unattended fishing gear which you use to take fish for subsistence 
uses.
    (9) You may not use explosives or chemicals to take fish for 
subsistence uses.
    (10) You may not take fish for subsistence uses within 300 feet of 
any dam, fish ladder, weir, culvert or other artificial obstruction, 
unless otherwise indicated.
    (11) The limited exchange for cash of subsistence-harvested fish, 
their parts, or their eggs, legally taken under Federal subsistence 
management regulations to support personal and family needs is 
permitted as customary trade, so long as it does not constitute a 
significant commercial enterprise. The Board may recognize regional 
differences and define customary trade differently for separate regions 
of the State.
    (12) Individuals, businesses, or organizations may not purchase 
subsistence-taken fish, their parts, or their eggs for use in, or 
resale to, a significant commercial enterprise.
    (13) Individuals, businesses, or organizations may not receive 
through barter subsistence-taken fish, their parts or their eggs for 
use in, or resale to, a significant commercial enterprise.
    (14) Except as provided elsewhere in this section, you may not take 
rainbow trout or steelhead trout.
    (15) You may not use as bait for commercial or sport fishing 
purposes fish taken for subsistence use or under subsistence 
regulations.
    (16) You may not accumulate harvest limits authorized in this 
section or Sec. ____.27 with harvest limits authorized under State 
regulations.
    (17) Unless specified otherwise in this section, you may use a rod 
and reel to take fish without a subsistence fishing permit. Harvest 
limits applicable to the use of a rod and reel to take fish for 
subsistence uses shall be as follows:
    (i) If you are required to obtain a subsistence fishing permit for 
an area, that permit is required to take fish for subsistence uses with 
rod and reel in that area. The harvest and possessions limits for 
taking fish with a rod and reel in those areas are the same as 
indicated on the permit issued for subsistence fishing with other gear 
types;
    (ii) If you are not required to obtain a subsistence fishing permit 
for an area, the harvest and possession limits for taking fish for 
subsistence uses with a rod and reel is the same as for taking fish 
under State of Alaska subsistence fishing regulations in those same 
areas. If the State does not have a specific subsistence season for 
that particular species, the limit shall be the same as for taking fish 
under State of Alaska sport fishing regulations.
    (18) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, you may take fish for 
subsistence uses at any time.
    (19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other 
purposes, whitefish, herring, and species for which bag limits, 
seasons, or other regulatory methods and means are not provided in this 
section, as well as the head, tail, fins, and viscera of legally-taken 
subsistence fish.
    (d) Fishing by designated harvest permit. (1) Any species of fish 
that may be taken by subsistence fishing under this part may be taken 
under a designated harvest permit.
    (2) If you are a Federally-qualified subsistence user, you 
(beneficiary) may designate another Federally-qualified subsistence 
user to take fish on your behalf. The designated fisherman must obtain 
a designated harvest permit prior to attempting to harvest fish and 
must return a completed harvest report. The designated fisherman may 
fish for any number of beneficiaries but may have no more than two 
harvest limits in his/her possession at any one time.
    (3) The designated fisherman must have in possession a valid 
designated fishing permit when taking, attempting to take, or 
transporting fish taken under this section, on behalf of a beneficiary.
    (4) The designated fisherman may not fish with more than one legal 
limit of gear.
    (5) You may not designate more than one person to take or attempt 
to take fish on your behalf at one time. You may not personally take or 
attempt to take fish at the same time that a designated fisherman is 
taking or attempting to take fish on your behalf.
    (e) Fishing permits and reports. (1) You may take salmon only under 
the authority of a subsistence fishing permit, unless a permit is 
specifically not required in a particular area by the subsistence 
regulations in this part, or unless you are retaining salmon from your 
commercial catch consistent with paragraph (f) of this section.
    (2) If a subsistence fishing permit is required by this section, 
the following permit conditions apply unless otherwise specified in 
this section:
    (i) You may not take more fish for subsistence use than the limits 
set out in the permit;
    (ii) You must obtain the permit prior to fishing;
    (iii) You must have the permit in your possession and readily 
available for inspection while fishing or transporting subsistence-
taken fish;
    (iv) If specified on the permit, you shall keep accurate daily 
records of the catch, showing the number of fish taken by species, 
location and date of catch, and other such information as may be 
required for management or conservation purposes; and
    (v) If the return of catch information necessary for management and 
conservation purposes is required by a fishing permit and you fail to 
comply with such reporting requirements, you are ineligible to receive 
a subsistence permit for that activity during the following calendar 
year, unless you demonstrate that failure to report was due to loss in 
the mail, accident,

[[Page 1305]]

sickness, or other unavoidable circumstances.
    (f) Relation to commercial fishing activities. (1) If you are a 
Federally-qualified subsistence user who also commercial fishes, you 
may retain fish for subsistence purposes from your lawfully-taken 
commercial catch.
    (2) When participating in a commercial and subsistence fishery at 
the same time, you may not use an amount of combined fishing gear in 
excess of that allowed under the appropriate commercial fishing 
regulations.
    (g) You may not possess, transport, give, receive or barter 
subsistence-taken fish or their parts which have been taken contrary to 
Federal law or regulation or State law or regulation (unless superseded 
by regulations in this part).
    (h) [Reserved]
    (i) Fishery management area restrictions. (1) Kotzebue Area. The 
Kotzebue Area includes all waters of Alaska between the latitude of the 
westernmost tip of Point Hope and the latitude of the westernmost tip 
of Cape Prince of Wales, including those waters draining into the 
Chukchi Sea.
    (i) You may take fish for subsistence purposes without a permit.
    (ii) You may take salmon only by gillnets, beach seines, or a rod 
and reel.
    (iii) In the Kotzebue District, you may take sheefish with gillnets 
that are not more than 50 fathoms in length, nor more than 12 meshes in 
depth, nor have a mesh size larger than 7 inches.
    (iv) You may not subsistence fish for char from June 1 through 
September 20, in the Noatak River one mile upstream and one mile 
downstream from the mouth of the Kelly River, and in the Kelly River 
from its mouth to \1/4\ mile upstream.
    (2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence 
Area includes all waters of Alaska between the latitude of the 
westernmost tip of Cape Prince of Wales and the latitude of Canal Point 
light, including those waters of Alaska surrounding St. Lawrence Island 
and those waters draining into the Bering Sea.
    (i) In the Port Clarence District, you may take fish at any time 
except as specified by emergency regulation.
    (ii) In the Norton Sound District, you may take fish at any time 
except as follows:
    (A) In Subdistricts 2 through 6, if you are a commercial fishermen, 
you may not fish for subsistence purposes during the weekly closures of 
the commercial salmon fishing season, except that from July 15 through 
August 1, you may take salmon for subsistence purposes seven days per 
week in the Unalakleet and Shaktoolik River drainages with gillnets 
which have a mesh size that does not exceed 4\1/2\ inches, and with 
beach seines;
    (B) In the Unalakleet River from June 1 through July 15, you may 
take salmon only from 8:00 a.m. Monday until 8:00 p.m. Saturday;
    (C) In Subdistricts 1-3, you may take salmon other than chum salmon 
by beach seine during periods established by emergency regulations.
    (iii) You may take salmon only by gillnets, beach seines, 
fishwheel, or a rod and reel.
    (iv) You may take fish other than salmon by set gillnet, drift 
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging 
gear, spear, lead, or a rod and reel.
    (v) In the Unalakleet River from June 1 through July 15, you may 
not operate more than 25 fathoms of gillnet in the aggregate nor may 
you operate an unanchored fishing net.
    (vi) You may take fish for subsistence purposes without a 
subsistence fishing permit except that a subsistence fishing permit is 
required in the Norton Sound District: for net fishing in all waters 
from Cape Douglas to Rocky Point.
    (vii) Only one subsistence fishing permit will be issued to each 
household per year.
    (3) Yukon-Northern Area. The Yukon-Northern Area includes all 
waters of Alaska between the latitude of Canal Point Light 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. W. long., including those waters draining into the Arctic 
Ocean and the Chukchi Sea.
    (i) Unless otherwise restricted in this section, you may take 
salmon in the Yukon-Northern Area at any time.
    (ii) In the following locations, you may take salmon only during 
the open weekly fishing periods of the commercial salmon fishing season 
and may not take them for 24 hours before the opening of the commercial 
salmon fishing season:
    (A) District 4, excluding the Koyukuk River drainage;
    (B) in Subdistricts 4-B and 4-C from June 15 through September 30, 
salmon may be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and 
from 6:00 p.m. Wednesday until 6:00 p.m. Friday;
    (C) District 6, excluding the Kantishna River drainage, salmon may 
be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.
    (iii) During any commercial salmon fishing season closure of 
greater than five 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 6:00 p.m. Friday until 6:00 p.m. Sunday;
    (B) In District 5, excluding the Tozitna River drainage and 
Subdistrict 5-D, salmon may not be taken from 6:00 p.m. Sunday until 
6:00 p.m. Tuesday.
    (iv) 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.
    (v) In Districts 1, 2, 3, and Subdistrict 4-A, 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 commercial salmon fishing season.
    (vi) In Districts 1, 2, and 3:
    (A) After the opening of the 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 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 
commercial salmon fishing period.
    (vii) In Subdistrict 4-A after the opening of the commercial salmon 
fishing season, you may not take salmon for subsistence for 12 hours 
immediately before, during, and for 12 hours after each commercial 
salmon fishing period; however, you may take king salmon during the 
commercial fishing season, with drift gillnet gear only, from 6:00 p.m. 
Sunday until 6:00 p.m. Tuesday and from 6:00 p.m. Wednesday until 6:00 
p.m. Friday.
    (viii) In the upper Yukon River drainage, you may not subsistence 
fish in Birch Creek and waters within 500 feet of its mouth, except 
that you may take whitefish and suckers under the authority of a 
subsistence fishing permit.
    (ix) You may not subsistence fish in the following drainages 
located north of the main Yukon River:
    (A) Kanuti River upstream from a point five miles downstream of the 
state highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks; and (D) North 
Fork of the Chandalar River system upstream from the mouth of Quartz 
Creek.

[[Page 1306]]

    (x) You may not subsistence fish in the Delta River.
    (xi) You may not subsistence fish in the following rivers and 
creeks and within 500 feet of their mouths: Big Salt River, Hess Creek, 
and Beaver Creek.
    (xii) You may not subsistence fish in the Deadman, Jan, Fielding, 
and Two-Mile Lakes.
    (xiii) You may not subsistence fish in the Toklat River drainage 
from August 15 through May 15.
    (xiv) You may take salmon only by gillnet, beach seine, fish wheel, 
or rod and reel, subject to the restrictions set forth in this section.
    (xv) In District 4, if you are a commercial fisherman, you may not 
take salmon for subsistence purposes during the commercial salmon 
fishing season using gillnets with mesh larger than six-inches after a 
date specified by ADF&G emergency order issued between July 10 and July 
31.
    (xvi) In Districts 4, 5, and 6, you may not take salmon for 
subsistence purposes by drift gillnets, except as follows:
    (A) In Subdistrict 4-A upstream from the mouth of Stink Creek, you 
may take king salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14, and chum salmon by drift gillnets after 
August 2;
    (B) In Subdistrict 4-A downstream from the mouth of Stink Creek, 
you may take king salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14.
    (xvii) Unless otherwise specified in this section, you may take 
fish other than salmon and halibut 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 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; 
and
    (C) In Districts 4, 5, and 6, you may not set subsistence fishing 
gear within 200 feet of other operating commercial, personal use, or 
subsistence fishing gear except that, at the site approximately one 
mile upstream from Ruby on the south bank of the Yukon River between 
ADF&G regulatory markers containing the area known locally as the 
``Slide,'' 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 four miles upstream 
from Anvik, there is no minimum distance requirement between fish 
wheels.
    (xviii) During the 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.
    (xix) In District 4, from September 21 through May 15, you may use 
jigging gear from shore ice.
    (xx) Except as provided in this section, you may take fish for 
subsistence purposes without a subsistence fishing permit.
    (xxi) 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) For whitefish and suckers in Birch Creek and within 500 feet of 
its mouth;
    (D) For the Tanana River drainage above the mouth of the Wood 
River.
    (xxii) Only one subsistence fishing permit will be issued to each 
household per year.
    (xxiii) In Districts 1, 2, and 3, you may not possess king salmon 
taken for subsistence purposes unless the dorsal fin has been removed 
immediately after landing.
    (xxiv) If you are a commercial salmon fisherman who is registered 
for District 1, 2, or 3, you may not take salmon for subsistence 
purposes in any other district located downstream from Old Paradise 
Village.
    (4) Kuskokwim Area. The Kuskokwim Area consists of all waters of 
Alaska between the latitude of the westernmost point of Naskonat 
Peninsula and the latitude of the southernmost tip of Cape Newenham, 
including the waters of Alaska surrounding Nunivak and St. Matthew 
Islands and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
in the Kuskokwim Area at any time without a subsistence fishing permit.
    (ii) In District 1 and in those waters of the Kuskokwim River 
between Districts 1 and 2, excluding the Kuskokuak Slough, you may not 
take salmon for 16 hours before, during, and for six hours after, each 
open commercial salmon fishing period for District 1.
    (iii) In District 1, Kuskokuak Slough only from June 1 through July 
31, you may not take salmon for 16 hours before and during each open 
commercial salmon fishing period in the district.
    (iv) In Districts 4 and 5, from June 1 through September 8, you may 
not take salmon for 16 hours before, during, and 6 hours after each 
open commercial salmon fishing period in each district.
    (v) In District 2, and anywhere in tributaries that flow into the 
Kuskokwim River within that district, from June 1 through September 8 
you may not take salmon for 16 hours before, during, and six hours 
after each open commercial salmon fishing period in the district.
    (vi) You may not take subsistence fish by nets in the Goodnews 
River east of a line between ADF&G regulatory markers placed near the 
mouth of the Ufigag River and an ADF&G regulatory marker placed near 
the mouth of the Tunulik River 16 hours before, during, and six hours 
after each open commercial salmon fishing period.
    (vii) You may not take subsistence fish by nets in the Kanektok 
River upstream of ADF&G regulatory markers placed near the mouth 16 
hours before, during, and six hours after each open commercial salmon 
fishing period.
    (viii) You may not take subsistence fish by nets in the Arolik 
River upstream of ADF&G regulatory markers placed near the mouth 16 
hours before, during, and six hours after each open commercial salmon 
fishing period.
    (ix) You may take salmon only by gillnet, beach seine, fish wheel, 
or rod and reel subject to the restrictions set out in this section, 
except that you may also take salmon by spear in the Holitna, Kanektok, 
and Arolik River drainages, and in the drainage of Goodnews Bay.
    (x) You may not use an aggregate length of set gillnets or drift 
gillnets in excess of 50 fathoms for taking salmon.
    (xi) You may take fish other than salmon by set gillnet, drift 
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net, 
jigging gear, spear, lead, or rod and reel.
    (xii) You must attach to the bank each subsistence gillnet operated 
in tributaries of the Kuskokwim River and fish it substantially 
perpendicular to the bank and in a substantially straight line.
    (xiii) Within a tributary to the Kuskokwim River in that portion of 
the Kuskokwim River drainage from the north end of Eek Island upstream 
to the mouth of the Kolmakoff River, you may not set or operate any 
part of a set gillnet within 150 feet of any part of another set 
gillnet.
    (xiv) The maximum depth of gillnets is as follows:

[[Page 1307]]

    (A) Gillnets with six-inch or smaller mesh may not be more than 45 
meshes in depth;
    (B) Gillnets with greater than six-inch mesh may not be more than 
35 meshes in depth.
    (xv) You may take halibut only by a single hand-held line with no 
more than two hooks attached to it.
    (xvi) You may not use subsistence set and drift gillnets exceeding 
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You 
may not operate more than one subsistence set or drift gillnet at a 
time in Whitefish Lake in the Ophir Creek drainage. You must check the 
net at least once every 24 hours.
    (xvii) Rainbow trout may be taken by residents of Goodnews Bay, 
Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak, subject to the 
following restrictions:
    (A) You may take rainbow trout only by the use of gillnets, rod and 
reel, or jigging through the ice;
    (B) You may not use gillnets for taking rainbow trout from March 
15-June 15;
    (C) If you take rainbow trout incidentally in other subsistence net 
fisheries and through the ice, you may retain them for subsistence 
purposes.
    (5) Bristol Bay Area. The Bristol Bay Area includes all waters of 
Bristol Bay including drainages enclosed by a line from Cape Newenham 
to Cape Menshikof.
    (i) Unless restricted in this section, or unless under the terms of 
a subsistence fishing permit, you may take fish at any time in the 
Bristol Bay area.
    (ii) In all commercial salmon districts, from May 1 through May 31 
and October 1 through October 31, you may subsistence fish for salmon 
only from 9:00 a.m. Monday until 9:00 a.m. Friday. From June 1 through 
September 30, within the waters of a commercial salmon district, you 
may take salmon only during open commercial salmon fishing periods.
    (iii) In the Egegik River from 9:00 a.m. June 23 through 9:00 a.m. 
July 17, you may take salmon only from 9:00 a.m. Tuesday to 9:00 a.m. 
Wednesday and 9:00 a.m. Saturday to 9:00 a.m. Sunday.
    (iv) You may not take fish from waters within 300 feet of a stream 
mouth used by salmon.
    (v) You may not subsistence fish with nets in the Tazimina River 
and within one-fourth mile of the terminus of those waters during the 
period from September 1 through June 14.
    (vi) Within any district, you may take salmon, herring, and capelin 
only by drift and set gillnets.
    (vii) Outside the boundaries of any district, you may take salmon 
only by set gillnet, except that you may also take salmon as follows:
    (A) By spear in the Togiak River excluding its tributaries;
    (B) From August 30 through September 30, by spear, dip net, and 
gillnet along a 100 yard length of the west shore of Naknek Lake near 
the outlet to the Naknek River as marked by ADF&G regulatory markers;
    (C) From August 15 through September 15, by spear, dip net, and 
gillnet at Johnny's Lake on the northwestern side of Naknek Lake;
    (D) From October 1 through November 15, by spear, dip net, and 
gillnet at the mouth of Brooks River at Naknek Lake;
    (E) At locations and times specified in paragraphs (i)(5)(vii) (B) 
through (D) of this section, gillnets may not exceed five fathoms in 
length and may not be anchored or tied to a stake or peg, and you must 
be present at the net while fishing the net.
    (viii) The maximum lengths for set gillnets used to take salmon are 
as follows:
    (A) You may not use set gillnets exceeding 10 fathoms in length in 
the Egegik, River;
    (B) In the remaining waters of the area, you may not use set 
gillnets exceeding 25 fathoms in length.
    (ix) You may not operate any part of a set gillnet within 300 feet 
of any part of another set gillnet.
    (x) You must stake and buoy each set gillnet. Instead of having the 
identifying information on a keg or buoy attached to the gillnet, you 
may plainly and legibly inscribe your first initial, last name, and 
subsistence permit number on a sign at or near the set gillnet.
    (xi) You may not operate or assist in operating subsistence salmon 
net gear while simultaneously operating or assisting in operating 
commercial salmon net gear.
    (xii) During closed commercial herring fishing periods, you may not 
use gillnets exceeding 25 fathoms in length for the subsistence taking 
of herring or capelin.
    (xiii) You may take fish other than salmon, herring, capelin, and 
halibut by gear listed in this part unless restricted under the terms 
of a subsistence fishing permit.
    (xiv) You may take salmon and char only under authority of a 
subsistence fishing permit.
    (xv) Only one subsistence fishing permit may be issued to each 
household per year.
    (xvi) After August 20, you may not possess coho salmon for 
subsistence purposes in the Togiak River section and the Togiak River 
drainage unless the head has been immediately removed from the salmon.
    (6) Aleutian Islands Area. The Aleutian Islands Area includes all 
waters of Alaska west of the longitude of the tip of Cape Sarichef, 
east of 172 deg. East longitude, and south of 54 deg. 36' North 
latitude.
    (i) You may take fish, other than salmon, rainbow trout, and 
steelhead trout, at any time unless restricted under the terms of a 
subsistence fishing permit. If you take rainbow trout and 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 6:00 a.m. until 9:00 p.m. from January 1 through December 
31, except:
    (A) That from June 1 through September 15, you may not use a salmon 
seine vessel to take salmon for subsistence 24 hours before, during, or 
24 hours after an open commercial salmon fishing period within a 50-
mile radius of the area open to commercial salmon fishing;
    (B) That from June 1 through September 15, you may use a purse 
seine vessel to take salmon only with a gillnet and you may not have 
any other type of salmon gear on board the vessel while subsistence 
fishing; or
    (C) As may be specified on a subsistence fishing permit.
    (iii) In the Adak, Akutan, Atka-Amilia, 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 between Unalaska and Amaknak Islands, including 
Margaret's Bay, west of a line from the ``Bishop's House'' at 
53 deg.52.64' N. lat., 166 deg.32.30' W. long. to a point on Amaknak 
Island at 53 deg.52.82' N. lat., 166 deg.32.13' W. long., and north of 
line from a point south of Agnes Beach at 53 deg.52.28' N. lat., 
166 deg.32.68' W. long. to a point at 53 deg.52.35' N. lat., 
166 deg.32.95' W. long. on Amaknak Island;
    (B) Within Unalaska Bay south of a line from the northern tip of 
Cape Cheerful to the northern tip of Kalekta Point, waters within 250 
yards of any anadromous stream, except the outlet stream of Unalaska 
Lake, which is closed under paragraph (i)(6)(iv)(A) of this section;
    (C) Waters in Reese Bay from July 1 through July 9, within 500 
yards of the outlet stream terminus to McLees Lake;
    (D) All freshwater on Adak Island and Kagalaska Island in the Adak 
District.
    (v) You may take salmon by seine and gillnet, or with gear 
specified on a subsistence fishing permit.

[[Page 1308]]

    (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 subsistence fishing permit, except that you do not require 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.
    (xi) The daily bag limit for halibut is two fish and the possession 
limit is two daily bag limits. You may not possess sport-taken and 
subsistence-taken halibut on the same day.
    (7) Alaska Peninsula Area. The Alaska Peninsula Area includes all 
Pacific Ocean waters of Alaska between a line extending southeast 
(135 deg.) from the tip of Kupreanof Point and the longitude of the tip 
of Cape Sarichef, and all Bering Sea waters of Alaska east of the 
latitude of the tip of Cape Menshikof.
    (i) You may take fish, other than salmon, rainbow trout, and 
steelhead trout, at any time unless restricted under the terms of a 
subsistence fishing permit. If you take rainbow trout and 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 within 24 hours before 
and within 12 hours following each open weekly commercial salmon 
fishing period within a 50-mile radius of the area open to commercial 
salmon fishing, or as may be specified on a subsistence fishing permit.
    (v) You may not subsistence fish for salmon in the following 
waters:
    (A) Russell Creek and Nurse Lagoon and within 500 yards outside the 
mouth of Nurse Lagoon;
    (B) Trout Creek and within 500 yards outside its mouth.
    (vi) You may take salmon by seine, gillnet, rod and reel, or with 
gear specified on a subsistence fishing 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 not use a set gillnet exceeding 100 fathoms in 
length.
    (ix) You may take halibut for subsistence purposes only by a single 
handheld line with no more than two hooks attached.
    (x) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on your subsistence fishing permit.
    (xi) The daily bag limit for halibut is two fish and the possession 
limit is two daily bag limits. No person may possess sport-taken and 
subsistence-taken halibut on the same day.
    (8) Chignik Area. The Chignik Area includes all waters of Alaska on 
the south side of the Alaska Peninsula enclosed by 156 deg.20.22' West 
longitude (the longitude of the southern entrance to Imuya Bay near 
Kilokak Rocks) and a line extending southeast (135 deg.) from the tip 
of Kupreanof Point.
    (i) You may take fish, other than rainbow trout and steelhead 
trout, at any time, except as may be specified by a subsistence fishing 
permit. If you take rainbow trout and steelhead trout incidentally in 
other subsistence net fisheries, you may retain them for subsistence 
purposes.
    (ii) You may not take salmon in the Chignik River, upstream from 
the ADF&G weir site or counting tower, in Black Lake, or any tributary 
to Black and Chignik Lakes.
    (iii) You may take salmon, trout and char only under the authority 
of a subsistence fishing permit.
    (iv) 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.
    (v) If you hold a commercial fishing license, you may not 
subsistence fish for salmon from 48 hours before the first commercial 
salmon fishing opening in the Chignik Area through September 30.
    (vi) You may take salmon by seines, gillnets, rod and reel, or with 
gear specified on a subsistence fishing permit, except that in Chignik 
Lake you may not use purse seines.
    (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 halibut for subsistence purposes only by a 
single handheld line with no more than two hooks attached.
    (ix) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on the subsistence fishing permit.
    (x) The daily bag limit for halibut is two fish and the possession 
limit is two daily bag limits. No person may possess sport-taken and 
subsistence-taken halibut on the same day.
    (9) Kodiak Area. The Kodiak Area includes all waters of Alaska 
south of a line extending east from Cape Douglas (58 deg. 51.10' N. 
lat.), west of 150 deg. W. long., north of 55 deg.30.00' N. lat.; and 
east of the longitude of the southern entrance of Imuya Bay near 
Kilokak Rocks (156 deg.20.22' W. long.).
    (i) You may take fish, other than salmon, rainbow trout and 
steelhead trout, at any time unless restricted by the terms of a 
subsistence fishing permit. If you take rainbow trout and 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, during, and for 
24 hours after any open commercial salmon fishing period;
    (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 not subsistence fish for salmon in the following 
locations:
    (A) All waters closed to commercial salmon fishing in the Chiniak 
Bay and all waters closed to commercial salmon fishing within 100 yards 
of the terminus of Selief Bay Creek and north and west of a line from 
the tip of Last Point to the tip of River Mouth Point in Afognak Bay;
    (B) From August 15 through September 30, all waters 500 yards 
seaward of the terminus of Little Kitoi Creek;
    (C) All freshwater systems of Afognak Island.
    (iv) You must have a subsistence fishing permit for taking salmon, 
trout, and char for subsistence purposes. You

[[Page 1309]]

must have a subsistence fishing permit for taking herring and 
bottomfish for subsistence purposes during the commercial herring sac 
roe season from April 15 through June 30.
    (v) With a subsistence salmon fishing permit you may take 25 salmon 
plus an additional 25 salmon for each member of your household whose 
names are listed on the permit. You may obtain an additional permit if 
you can show that more fish are needed.
    (vi) You must keep a record of the number of subsistence fish taken 
each year. You must record on the reverse side of the permit the number 
of subsistence fish taken. You must complete the record immediately 
upon landing subsistence-caught fish, and must return it by February 1 
of the year following the year the permit was issued.
    (vii) You may take fish other than salmon and halibut 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.
    (x) You may take halibut only by a single hand-held line with not 
more than two hooks attached to it.
    (xi) The daily bag limit for halibut is two fish and the possession 
limit is two daily bag limits. You may not possess sport-taken and 
subsistence-taken halibut on the same day.
    (10) Cook Inlet Area. The Cook Inlet Area includes all waters of 
Alaska enclosed by a line extending east from Cape Douglas 
(58 deg.51'06'' N. lat.) and a line extending south from Cape Fairfield 
(148 deg.50'15'' W. long.).
    (i) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, you may take fish, other 
than rainbow trout and steelhead trout, at any time in the Cook Inlet 
Area. If you take rainbow trout and steelhead trout incidentally in 
other subsistence net fisheries or through the ice, you may retain them 
for subsistence purposes.
    (ii) You may not take salmon, Dolly Varden, trout, grayling, char, 
and burbot for subsistence purposes.
    (iii) You may only take smelt with dip nets or gillnets in fresh 
water from April 1 through June 15. You may not use a gillnet exceeding 
20 feet in length and two inches in mesh size. You must attend the net 
at all times when it is being used. There are no harvest or possession 
limits for smelt.
    (iv) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit.
    (11) Prince William Sound Area. The Prince William Sound Area 
includes all waters of Alaska between the longitude of Cape Fairfield 
and the longitude of Cape Suckling.
    (i) Unless restricted in this section or unless restricted under 
the terms of a subsistence fishing permit, you may take fish, other 
than rainbow trout and steelhead trout, at any time in the Prince 
William Sound Area.
    (ii) You may take salmon in the Upper Copper River District only as 
follows:
    (A) In the Glennallen Subdistrict, from June 1 through September 
30;
    (B) You may not take salmon in the Chitina Subdistrict.
    (iii) You may take salmon, other than chinook salmon, in the 
vicinity of the former Native village of Batzulnetas only under the 
authority of a Batzulnetas subsistence salmon fishing permit issued by 
ADF&G and under the following conditions:
    (A) You may take salmon only in those waters of the Copper River 
between ADF&G regulatory markers located near the mouth of Tanada Creek 
and approximately one-half mile downstream from that mouth and in 
Tanada Creek between ADF&G regulatory markers identifying the open 
waters of the creek;
    (B) You may use only fish wheels and dip nets on the Copper River 
and only dip nets and spears in Tanada Creek;
    (C) You may take salmon only from June 1 through September 1 or 
until the season is closed by emergency regulation; fishing periods are 
to be established by emergency regulation and are two days per week 
during the month of June and 3.5 days per week for the remainder of the 
season;
    (D) You must release chinook salmon to the water unharmed; you must 
equip your fish wheel with a livebox or monitor it at all times;
    (E) You must return the permit no later than September 30.
    (iv) You may take salmon for subsistence purposes with no bag or 
possession limits in those waters of the Southwestern District and 
along the northwestern shore of Green Island from the westernmost tip 
of the island to the northernmost tip, only as follows:
    (A) You may use seines up to 50 fathoms in length and 100 meshes 
deep with a maximum mesh size of four inches, or gillnets up to 150 
fathoms in length, except that you may take pink salmon only in fresh 
water using dip nets;
    (B) You may take salmon only from May 15 until two days before the 
commercial opening of the Southwestern District, seven days per week; 
during the commercial salmon fishing season, only during open 
commercial salmon fishing periods; and from two days following the 
closure of the commercial salmon season until September 30, seven days 
per week;
    (C) You may not fish within the closed waters areas for commercial 
salmon fisheries.
    (v) You may take salmon for subsistence purposes with no bag or 
possession limits in those waters north of a line from Porcupine Point 
to Granite Point, and south of a line from Point Lowe to Tongue Point, 
only as follows:
    (A) You may use seines up to 50 fathoms in length and 100 meshes 
deep with a maximum mesh size of four inches, or gillnets up to 150 
fathoms in length with a maximum mesh size of six and one-quarter 
inches, except that you may only take pink salmon in fresh water using 
dip nets;
    (B) You may take salmon only from May 15 until two days before the 
commercial opening of the Eastern District, seven days per week during 
the commercial salmon fishing season, only during open commercial 
salmon fishing periods; and from two days following the closure of the 
commercial salmon season until October 31, seven days per week;
    (C) You may not fish within the closed waters areas for commercial 
salmon fisheries.
    (vi) If you take rainbow trout and steelhead trout incidentally in 
other subsistence net fisheries, you may retain them for subsistence 
purposes.
    (vii) You may take herring spawn on kelp for subsistence purposes 
from above water from March 15 through June 15 and underwater using 
dive gear only during open periods for the wild herring spawn-on-kelp 
commercial fishery.
    (viii) You may not take salmon in the tributaries of the Copper 
River and waters of the Copper River not in the Upper Copper River 
District.
    (ix) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit.
    (x) You may take salmon only by the following types of gear:
    (A) In the Glennallen Subdistrict by fish wheels, rod and reel, or 
dip nets; and
    (B) In salt water by gillnets and seines.
    (xi) You may not rent, lease, or otherwise use your fish wheel used 
for subsistence fishing for personal gain. You must register your fish 
wheel with ADF&G. Your registration number and name and address must be 
permanently affixed and plainly visible on the fish

[[Page 1310]]

wheel when the fish wheel is in the water; only the current year's 
registration number may be affixed to the fish wheel; you must remove 
any other registration number from the fish wheel. You must remove the 
fish wheel from the water at the end of the permit period. You may 
operate only one fish wheel at any one time. You may not set or operate 
a fish wheel within 75 feet of another fish wheel. No fish wheel may 
have more than two baskets. A wood or metal plate at least 12 inches 
high by 12 inches wide, bearing your name and address in letters and 
numerals at least one inch high, must be attached to each fish wheel so 
that the name and address are plainly visible.
    (xii) You must personally operate the fish wheel or dip net. You 
may not loan or transfer a subsistence fish wheel or dip net permit 
except as permitted.
    (xiii) You may take halibut only by a single hand-held line with 
not more than two hooks attached to it.
    (xiv) You may take herring spawn on kelp only by a hand-held 
unpowered blade-cutting device. You must cut kelp plant blades at least 
four inches above the stipe (stem). The provisions of this paragraph do 
not apply to Fucus species.
    (xv) Except as provided in this section, you may take fish other 
than salmon and freshwater fish species for subsistence purposes 
without a subsistence fishing permit.
    (xvi) You may take salmon and freshwater fish species only under 
authority of a subsistence fishing permit.
    (xvii) Only one subsistence fishing permit will be issued to each 
household per year.
    (xviii) The following apply to Upper Copper River District 
subsistence salmon fishing permits:
    (A) Only one type of gear may be specified on a permit;
    (B) Only one permit per year may be issued to a household;
    (C) You must return your permit no later than October 31, or you 
may be denied a permit for the following year;
    (D) If your household has a Chitina Subdistrict personal use salmon 
fishing permit, you will not be issued a Copper River subsistence 
salmon fishing permit;
    (E) A fish wheel may be operated only by one permit holder at one 
time; that permit holder must have the fish wheel marked as required by 
this section and during fishing operations;
    (F) Only the permit holder and the authorized member of the 
household listed on the subsistence permit may take salmon;
    (G) A permit holder must record on ADF&G forms all salmon taken 
immediately after landing the salmon.
    (xix) The total annual possession limit for an Upper Copper River 
District subsistence salmon fishing permit is as follows:
    (A) For a household with one person, 30 salmon, of which no more 
than 5 may be chinook salmon if taken by dip net;
    (B) For a household with two persons, 60 salmon, of which no more 
than five may be chinook salmon if taken by dip net; plus 10 salmon for 
each additional person in a household over 2, except that the 
household's limit for chinook salmon taken by dip net does not 
increase;
    (C) upon request, permits for additional salmon will be issued for 
no more than a total of 200 salmon for a permit issued to a household 
with one person, of which no more than 5 may be chinook salmon if taken 
by dip net; or no more than a total of 500 salmon for a permit issued 
to a household with 2 or more persons, of which no more than 5 may be 
chinook salmon if taken by dip net.
    (xx) A subsistence fishing permit may be issued to a village 
council, or other similarly qualified organization whose members 
operate fish wheels for subsistence purposes in the Upper Copper River 
District, to operate fish wheels on behalf of members of its village or 
organization. A permit may only be issued following approval by ADF&G 
of a harvest assessment plan to be administered by the permitted 
council or organization. The harvest assessment plan must include: 
provisions for recording daily catches for each fish wheel; sample data 
collection forms; location and number of fish wheels; the full legal 
name of the individual responsible for the lawful operation of each 
fish wheel; and other information determined to be necessary for 
effective resource management. The following additional provisions 
apply to subsistence fishing permits issued under this paragraph 
(i)(11)(xx):
    (A) The permit will list all households and household members for 
whom the fish wheel is being operated;
    (B) The allowable harvest may not exceed the combined seasonal 
limits for the households listed on the permit; the permittee will 
notify the department when households are added to the list, and the 
seasonal limit may be adjusted accordingly;
    (C) Members of households listed on a permit issued to a village 
council or other similarly qualified organization, are not eligible for 
a separate household subsistence fishing permit for the Upper Copper 
River District.
    (xxi) You may not possess salmon taken under the authority of an 
Upper Copper River District subsistence fishing permit unless both 
lobes of the caudal (tail) fin have been immediately removed from the 
salmon.
    (xxii) In locations open to commercial salmon fishing other than 
described for the Upper Copper River District, the annual subsistence 
salmon limit is as follows:
    (A) 15 salmon for a household of one person;
    (B) 30 salmon for a household of two persons and 10 salmon for each 
additional person in a household;
    (C) No more than five king salmon may be taken per permit.
    (xxiii) The daily bag limit for halibut is two fish and the 
possession limit is two daily bag limits. You may not possess sport-
taken and subsistence-taken halibut on the same day.
    (12) Yakutat Area. The Yakutat Area includes all waters of Alaska 
between the longitude of Cape Suckling and the longitude of Cape 
Fairweather.
    (i) Unless restricted in this section or unless restricted under 
the terms of a subsistence fishing permit, you may take fish at any 
time in the Yakutat Area.
    (ii) You may not take salmon during the period commencing 48 hours 
before an opening until 48 hours after the closure of an open 
commercial salmon net fishing season. This applies to each river or bay 
fishery individually.
    (iii) When the length of the weekly commercial salmon net fishing 
period exceeds two days in any Yakutat Area salmon net fishery, the 
subsistence fishing period is from 6:00 a.m. to 6:00 p.m. on Saturday 
in that location.
    (iv) You may take salmon, steelhead trout in the Situk and Ahrnklin 
Rivers, other trout and char only under authority of a subsistence 
fishing permit.
    (v) If you take salmon, trout, or char incidentally by gear 
operated under the terms of a subsistence permit for salmon, you may 
retain them for subsistence purposes. You must report any salmon, 
trout, or char taken in this manner on your permit calendar.
    (vi) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit.
    (vii) In the Situk River, each subsistence salmon fishing permit 
holder shall attend his or her gill net at all times when it is being 
used to take salmon.

[[Page 1311]]

    (viii) You may block up to two-thirds of a stream with a gillnet or 
seine used for subsistence fishing.
    (ix) You must remove the dorsal fin from subsistence-caught salmon 
when taken.
    (x) You may not possess subsistence-taken and sport-taken salmon on 
the same day.
    (13) Southeastern Alaska Area. The Southeastern Alaska Area 
includes all waters between a line projecting southwest from the 
westernmost tip of Cape Fairweather and Dixon Entrance.
    (i) Unless restricted in this section or under the terms of a 
subsistence fishing permit, you may take fish, other than rainbow trout 
and steelhead trout, in the Southeastern Alaska Area at any time.
    (ii) You may take herring at any time, except that in the 72 hours 
before and 72 hours after an open commercial herring fishing period in 
the Southeastern Alaska Area, a vessel that, or crew member or permit 
holder who, participates in that commercial herring fishery opening may 
not take or possess herring in any district in the Southeastern Alaska 
Area.
    (iii) From July 7 through July 31, you may take sockeye salmon in 
the waters of the Klawock River, and Klawock Lake only from 8:00 a.m. 
Monday until 5:00 p.m. Friday.
    (iv) You must possess a subsistence fishing permit to take salmon, 
trout, or char.
    (v) Permits will not be issued for the taking of chinook or coho 
salmon, but if you take chinook or coho salmon incidentally with gear 
operated under terms of a subsistence permit for other salmon, they may 
be kept for subsistence purposes. You must report any chinook or coho 
salmon taken in this manner on your permit calendar.
    (vi) 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 permit calendar.
    (vii) No permits for the use of nets will be issued for the salmon 
streams flowing across or adjacent to the road systems of Petersburg, 
Wrangell, and Sitka
    (viii) You shall immediately remove the pelvic fins of all salmon 
when taken.
    (ix) You may not possess subsistence-taken and sport-taken salmon 
on the same day.


Sec. ____.27  Subsistence taking of shellfish.

    (a) Regulations in this section apply to subsistence taking of 
Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and 
other shellfish or their parts.
    (b) You may take shellfish for subsistence uses at any time in any 
area of the public lands by any method unless restricted by the 
subsistence fishing regulations of Sec. ____.26 or this section.
    (c) Methods, means, and general restrictions. (1) The harvest limit 
specified in this section for a subsistence season for a species and 
the State harvest limit set for a State season for the same species are 
not cumulative. This means that if you have taken the harvest limit for 
a particular species under a subsistence season specified in this 
section, you may not after that, take any additional shellfish of that 
species under any other harvest limit specified for a State season.
    (2) Unless otherwise provided in this section, you may use gear as 
specified in the definitions of Sec. ____.26 for subsistence taking of 
shellfish.
    (3) You are prohibited from buying or selling subsistence-taken 
shellfish, their parts, or their eggs, unless otherwise specified.
    (4) You may not use explosives and chemicals, except that you may 
use chemical baits or lures to attract shellfish.
    (5) Marking requirements for subsistence shellfish gear are as 
follows:
    (i) You shall plainly and legibly inscribe your first initial, last 
name, and address on a keg or buoy attached to unattended subsistence 
fishing gear, except when fishing through the ice, you may substitute 
for the keg or buoy, a stake inscribed with your first initial, last 
name, and address inserted in the ice near the hole; subsistence 
fishing gear may not display a permanent ADF&G vessel license number;
    (ii) kegs or buoys attached to subsistence crab pots also must be 
inscribed with the name or United States Coast Guard number of the 
vessel used to operate the pots.
    (6) Pots used for subsistence fishing must comply with the escape 
mechanism requirements found in Sec. ____.26.
    (7) You may not mutilate or otherwise disfigure a crab in any 
manner which would prevent determination of the minimum size 
restrictions until the crab has been processed or prepared for 
consumption.
    (d) Taking shellfish by designated harvest permit. (1) Any species 
of shellfish that may be taken by subsistence fishing under this part 
may be taken under a designated harvest permit.
    (2) If you are a Federally-qualified subsistence user 
(beneficiary), you may designate another Federally-qualified 
subsistence user to take shellfish on your behalf. The designated 
fisherman must obtain a designated harvest permit prior to attempting 
to harvest shellfish and must return a completed harvest report. The 
designated fisherman may harvest for any number of beneficiaries but 
may have no more than two harvest limits in his/her possession at any 
one time.
    (3) The designated fisherman must have in possession a valid 
designated harvest permit when taking, attempting to take, or 
transporting shellfish taken under this section, on behalf of a 
beneficiary.
    (4) a person may not fish with more than one legal limit of gear as 
established by this section.
    (5) You may not designate more than one person to take or attempt 
to take shellfish on your behalf at one time. You may not personally 
take or attempt to take shellfish at the same time that a designated 
fisherman is taking or attempting to take shellfish on your behalf.
    (e) If a subsistence shellfishing permit is required by this 
section, the following conditions apply unless otherwise specified by 
the subsistence shellfishing regulations this section:
    (1) You may not take shellfish for subsistence in excess of the 
limits set out in the permit;
    (2) You must obtain a permit prior to subsistence fishing;
    (3) You must have the permit in your possession and readily 
available for inspection while taking or transporting the species for 
which the permit is issued;
    (4) The permit may designate the species and numbers of shellfish 
to be harvested, time and area of fishing, the type and amount of 
fishing gear and other conditions necessary for management or 
conservation purposes;
    (5) If specified on the permit, you shall keep accurate daily 
records of the catch involved, showing the number of shellfish taken by 
species, location and date of the catch and such other information as 
may be required for management or conservation purposes;
    (6) Subsistence fishing reports must be completed and submitted at 
a time specified for each particular area and fishery;
    (7) If the return of catch information necessary for management and 
conservation purposes is required by a subsistence fishing permit and 
you fail to comply with such reporting requirements, you are ineligible 
to receive a subsistence permit for that activity during the following 
calendar year, unless you demonstrate that failure to report was due to 
loss in the

[[Page 1312]]

mail, accident, sickness or other unavoidable circumstances.
    (f) Subsistence take by commercial vessels. No fishing vessel which 
is commercially licensed and registered for shrimp pot, shrimp trawl, 
king crab, Tanner crab, or Dungeness crab fishing may be used for 
subsistence take during the period starting 14 days before an opening 
until 14 days after the closure of a respective open season in the area 
or areas for which the vessel is registered. However, if you are a 
commercial fisherman, you may retain shellfish for your own use from 
your lawfully taken commercial catch.
    (g) You may not take or possess shellfish smaller than the minimum 
legal size limits.
    (h) Unlawful possession of subsistence shellfish. You may not 
possess, transport, give, receive or barter shellfish or their parts 
taken in violation of Federal or State regulations.
    (i)(1) An owner, operator, or employee of a lodge, charter vessel, 
or other enterprise that furnishes food, lodging, or guide services may 
not furnish to a client or guest of that enterprise, shellfish that has 
been taken under this chapter, unless:
    (i) the shellfish has been taken with gear deployed and retrieved 
by the client or guest;
    (ii) the gear has been marked with the client's or guest's name and 
address; and
    (iii) the shellfish is to be consumed by the client or guest or is 
consumed in the presence of the client or guest.
    (2) The captain and crewmembers of a charter vessel may not deploy, 
set, or retrieve their own gear in a subsistence shellfish fishery when 
that vessel is being chartered.
    (j) Subsistence shellfish areas and pertinent restrictions. (1) 
Southeastern Alaska-Yakutat Area. No marine waters under jurisdiction 
for Federal subsistence management.
    (2) Prince William Sound Area. No marine waters under jurisdiction 
for Federal subsistence management.
    (3) Cook Inlet Area. You may not take shellfish for subsistence 
purposes.
    (4) Kodiak Area. (i) You may take crab for subsistence purposes 
only under the authority of a subsistence crab fishing permit issued by 
the ADF&G.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
before subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section or subsection. The permit shall specify the area and the date 
the vessel operator intends to fish. No more than 500 pounds (227 kg) 
of shrimp may be in possession aboard the vessel.
    (iii) The daily harvest and possession limit is 12 male Dungeness 
crab per person; only male Dungeness crab with a shell width of six and 
one-half inches or greater may be taken or possessed. Taking of 
Dungeness crab is prohibited in water 25 fathoms or more in depth 
during the 14 days immediately before the opening of a commercial king 
or Tanner crab fishing season in the location.
    (iv) In the subsistence taking of king crab:
    (A) The annual limit is six crabs per household; only male king 
crab may be taken or possessed;
    (B) All crab pots used for subsistence fishing and left in 
saltwater unattended longer than a two-week period shall have all bait 
and bait containers removed and all doors secured fully open;
    (C) You may not use more than five crab pots, each being no more 
than 75 cubic feet in capacity to take king crab;
    (D) You may take king crab only from June 1-January 31, except that 
the subsistence taking of king crab is prohibited in waters 25 fathoms 
or greater in depth during the period 14 days before and 14 days after 
open commercial fishing seasons for red king crab, blue king crab, or 
Tanner crab in the location;
    (E) The waters of the Pacific Ocean enclosed by the boundaries of 
Womans Bay, Gibson Cove, and an area defined by a line \1/2\ mile on 
either side of the mouth of the Karluk River, and extending seaward 
3,000 feet, and all waters within 1,500 feet seaward of the shoreline 
of Afognak Island are closed to the harvest of king crab except by 
Federally-qualified subsistence users.
    (v) In the subsistence taking of Tanner crab:
    (A) You may not use more than five crab pots to take Tanner crab;
    (B) You may not take Tanner crab in waters 25 fathoms or greater in 
depth during the 14 days immediately before the opening of a commercial 
king or Tanner crab fishing season in the location;
    (C) The daily harvest and possession limit is 12 male crab with a 
shell width five and one-half inches or greater per person.
    (5) Alaska Peninsula-Aleutian Islands Area. (i) The operator of a 
commercially licensed and registered shrimp fishing vessel must obtain 
a subsistence fishing permit from the ADF&G prior to subsistence shrimp 
fishing during a closed commercial shrimp fishing season or within a 
closed commercial shrimp fishing district, section, or subsection; the 
permit shall specify the area and the date the vessel operator intends 
to fish; no more than 500 pounds (227 kg) of shrimp may be in 
possession aboard the vessel.
    (ii) The daily harvest and possession limit is 12 male Dungeness 
crab per person; only crabs with a shell width of five and one-half 
inches or greater may be taken or possessed.
    (iii) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crab per 
person; only crabs with a shell width of six and one-half inches or 
greater may be taken or possessed;
    (B) All crab pots used for subsistence fishing and left in 
saltwater unattended longer than a two-week period shall have all bait 
and bait containers removed and all doors secured fully open;
    (C) You may take crabs only from June 1-January 31.
    (iv) The daily harvest and possession limit is 12 male Tanner crab 
per person; only crabs with a shell width of five and one-half inches 
or greater may be taken or possessed.
    (6) Bering Sea Area. (i) In that portion of the area north of the 
latitude of Cape Newenham, shellfish may only be taken by shovel, 
jigging gear, pots and ring net.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
prior to subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section or subsection; the permit shall specify the area and the date 
the vessel operator intends to fish; no more than 500 pounds (227 kg) 
of shrimp may be in possession aboard the vessel.
    (iii) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male Dungeness crab per person.
    (iv) In the subsistence taking of king crab:
    (A) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is six male crab per person;
    (B) All crab pots used for subsistence fishing and left in 
saltwater unattended longer than a two-week period shall have all bait 
and bait containers removed and all doors secured fully open;
    (C) In waters south of 60 deg. N. lat., you may take crab only from 
June 1-January 31;
    (D) In the Norton Sound Section of the Northern District, you must 
have a subsistence permit.

[[Page 1313]]

    (v) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male Tanner crab.

    Dated: December 22, 1998.
James A. Caplan,
Acting Regional Forester, USDA-Forest Service.

    Dated: December 18, 1998.
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 99-11 Filed 1-5-99; 8:45 am]
BILLING CODE 3410-11-P, 4310-55-P