Federal Register: March 30, 2009 (Volume 74, Number 59)
DOCID: fr30mr09-9 FR Doc E9-6937
DEPARTMENT OF AGRICULTURE
Forest Service
CFR Citation: 36 CFR Part 242
NOTICE: RULES
DOCID: fr30mr09-9
ACTION: Sales and Disposals of National Forest System Timber:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
DEPARTMENT OF THE INTERIOR
DATES: Section ------.24(a)(2) is effective April 1, 2009. Sections -- .27 and .28 are effective April 1, 2009, through March 31, 2011.
DOCUMENT SUMMARY:
This final rule establishes regulations for seasons, harvest
limits, methods, and means related to taking of fish for subsistence
uses during the 200910 and 201011 regulatory years. The Federal Subsistence Board completes the biennial process of
[[Page 14050]]
revising subsistence fishing and shellfishing regulations in odd
numbered years and subsistence hunting and trapping regulations in
evennumbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable biennial cycle.
This rulemaking replaces the fish taking regulations that expire on
March 31, 2009.
SUMMARY:
Subsistence Management Regulations for Public Lands in Alaska; 2009–10 and 2010–11 Subsistence Taking of Fish Regulations,
DOCUMENT BODY 2:
Fish and Wildlife Service
50 CFR Part 100
[FWSR7EA20070025; 7010113350064L6]
RIN 1018AV72
Subsistence Management Regulations for Public Lands in Alaska
200910 and 201011 Subsistence Taking of Fish Regulations
SUPPLEMENTAL INFORMATION
Background
Under Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 31113126), the Secretary of the Interior and the Secretary of Agriculture (Secretaries) jointly implement the Federal Subsistence Management Program. This program grants a preference for subsistence uses of fish and wildlife resources on Federal public lands and waters in Alaska. The Secretaries first published regulations to carry out this program in the Federal Register on May 29, 1992 (57 FR 22940). The Program has subsequently amended these regulations several times. Because this program is a joint effort between Interior and Agriculture, these regulations are located in two titles of the Code of Federal Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.128 and 50 CFR 100.128, respectively. The regulations contain subparts as follows: Subpart A, General Provisions; Subpart B, Program Structure; Subpart C, Board Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
Federal Subsistence Board
Consistent with subpart B of these regulations, the Departments
established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board is made up of:
Through the Board, these agencies participate in the development of regulations for subparts A, B, and C, which set forth the basic program, and they continue to work together on regularly revising the subpart D regulations, which, among other things, set forth specific harvest seasons and limits.
Federal Subsistence Regional Advisory Councils
In administering the program, the Secretaries divided Alaska into 10 subsistence resource regions, each of which is represented by a Regional 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 Federal public lands in Alaska. The Regional Council members represent varied geographical, cultural, and user diversity within each region.
The Board addresses customary and traditional use determinations
during the applicable biennial cycle. Section .24 (customary and
traditional use determinations) was originally published in the Federal
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long
established, consistent pattern of use, incorporating beliefs and
customs which have been transmitted from generation to generation. . .
.'' Since that time, the Board has made a number of customary and
traditional use determinations at the request of impacted subsistence
users. Those modifications, along with some administrative corrections, were published in the Federal Register as follows:
Table 1: Modifications to Sec. .24.
Rule made changes to the following
Federal Register citation Date of publication: provisions of .24:
59 FR 27462......................... May 27, 1994........................ Wildlife and Fish/Shellfish.
59 FR 51855......................... October 13, 1994.................... Wildlife and Fish/Shellfish.
60 FR 10317......................... February 24, 1995................... Wildlife and Fish/Shellfish.
61 FR 39698......................... July 30, 1996....................... Wildlife and Fish/Shellfish.
62 FR 29016......................... May 29, 1997........................ Wildlife and Fish/Shellfish.
63 FR 35332......................... June 29, 1998....................... Wildlife and Fish/Shellfish.
63 FR 46148......................... August 28, 1998..................... Wildlife and Fish/Shellfish.
64 FR 1276.......................... January 8, 1999..................... Fish/Shellfish.
64 FR 35776......................... July 1, 1999........................ Wildlife.
65 FR 40730......................... June 30, 2000....................... Wildlife. [[Page 14051]]
66 FR 10142......................... February 13, 2001................... Fish/Shellfish.
66 FR 33744......................... June 25, 2001....................... Wildlife.
67 FR 5890.......................... February 7, 2002.................... Fish/Shellfish.
67 FR 43710......................... June 28, 2002....................... Wildlife.
68 FR 7276.......................... February 12, 2003................... Fish/Shellfish.
Note: The Board met May 2022, 2003, but did not make any additional customary and traditional use determinations..
69 FR 5018.......................... February 3, 2004.................... Fish/Shellfish.
69 FR 40174......................... July 1, 2004........................ Wildlife.
70 FR 13377......................... March 21, 2005...................... Fish/Shellfish.
70 FR 36268......................... June 22, 2005....................... Wildlife.
71 FR 15569......................... March 29, 2006...................... Fish/Shellfish.
71 FR 37642......................... June 30, 2006....................... Wildlife.
72 FR 12676......................... March 16, 2007...................... Fish/Shellfish.
Note: The Board met December 1113, 2007, but did not make any additional customary and traditional use determinations..
72 FR 73426......................... December 27, 2007................... Wildlife/Fish.
73 FR 35726......................... June 26, 2008....................... Wildlife. Current Rule
The Departments published a proposed rule on April 17, 2008 (73 FR 20887), to amend subparts C and D of 36 CFR 242 and 50 CFR 100. The proposed rule opened a comment period, which closed on June 30, 2008. The Departments advertised the proposed rule by mail, radio, and newspaper. During that period, the Regional Councils met and, in addition to other Regional Council business, received suggestions for proposals from the public. The Board received a total of 15 proposals for changes to subparts C and D. After the proposal period closed, the Board prepared a booklet describing the proposals and distributed them to the public; this was also available online. The public then had an additional 30 days in which to comment on the proposals for changes to the regulations.
The 10 Regional Councils met again, received public comments, and formulated their recommendations to the Board on proposals for their respective regions. The Regional Councils had a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, a Council Chair, or a designated representative, presented each Council's recommendations at the Board meeting of January 1315, 2009. These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. The public has had extensive opportunity to review and comment on all changes. In section .24(a)(2) corrections to the spelling of certain village names and an updated format have been made, resulting in a more readable document.
Of the 15 proposals, the Board adopted five, rejected five, deferred four, and one was withdrawn by the proponent. Of the five adopted proposals, three were adopted with modifications. The Board deferred four proposals to allow collection of additional information. Summary of Proposals Rejected by the Board
The Board rejected or deferred nine proposals. The rejected proposals were recommended for rejection by at least one of the Regional Councils, except for the one noted in this summary. Detailed information relating to justification for the action on each proposal may be found in the Board meeting materials and transcripts, available for review at the Office of Subsistence Management, 1011 East Tudor Road, MS 121, Anchorage, Alaska 99503, or on the Office of Subsistence Management website (http://alaska.fws.gov/asm/home.html).
[[Page 14052]]
unnecessarily restrictive for subsistence users.
Summary of Proposals Adopted by the Board
The Board adopted five proposals. Two of these proposals were adopted as submitted, and three were adopted with modifications suggested by the respective Regional Council, modifications developed during the analysis process, or modifications developed during the Board's public deliberations.
All of the adopted proposals were recommended for adoption by at least one of the Regional Councils, although further modifications were made to some during Board deliberations, and were based on harvest practices or on protecting fish populations. Detailed information relating to justification for the action on each proposal may be found in the Board meeting materials and transcripts, available for review at the Office of Subsistence Management, 1011 East Tudor Road, MS 121, Anchorage, Alaska 99503, or on the Office of Subsistence Management website (http://alaska.fws.gov/asm/home.html).
The Board adopted regulations pertaining to specific management areas as follows:
Chignik Fishery Management Area
Southeast Alaska Fishery Management Area
Norton Sound Port Clarence Fishery Management Area
Cook Inlet Fishery Management Area
These final regulations reflect Board review and consideration of
Regional Council recommendations and public comments. All Board members
have reviewed this rule and agree with its substance. Because this rule
concerns public lands managed by an agency or agencies in both the
Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100.
Conformance with Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements, including participation in multiple Regional Council
meetings, additional public review and comment on all proposals for
regulatory change, and opportunity for additional public comment during the Board meeting prior to deliberation. Additionally, an
administrative mechanism exists (and has been used by the public) to
request reconsideration of the Board's decision on any particular
proposal for regulatory change. Therefore, we believe that sufficient
public notice has been given to affected persons about the Board decisions.
In the more than 19 years the Program has been operating, no benefit to the public has been demonstrated by delaying the effective date of the subsistence regulations. A lapse in regulatory control could affect the continued viability of fish or wildlife populations and future subsistence opportunities for rural Alaskans, and would generally fail to serve the overall public interest. Therefore, the Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule effective upon the date set forth in DATES to ensure continued operation of the subsistence program.
National Environmental Policy Act
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. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
The following Federal Register documents pertain to this rulemaking:
Table 2: Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register
Documents Pertaining to the Final Rule
Federal Register citation: Date of publication: Category: Details:
57 FR 22940...................... May 29, 1992........ Final Rule.......... ``Subsistence Management
Regulations for Public Lands in
Alaska; Final Rule'' was
published in the Federal
Register. [[Page 14053]]
64 FR 1276....................... January 8, 1999..... Final Rule.......... Amended the regulations to
include subsistence activities
occurring on inland navigable
waters in which the United
States has a reserved water
right and to identify specific
Federal land units where
reserved water rights exist.
Extended the Federal Subsistence
Board's management to all
Federal lands selected under the
Alaska Native Claims Settlement
Act and the Alaska Statehood Act
and situated within the
boundaries of a Conservation
System Unit, National Recreation
Area, National Conservation
Area, or any new national forest
or forest addition, until
conveyed to the State of Alaska
or to an Alaska Native
Corporation. Specified and
clarified the Secretaries'
authority to determine when
hunting, fishing, or trapping
activities taking place in
Alaska off the public lands
interfere with the subsistence
priority.
66 FR 31533...................... June 12, 2001....... Interim Rule........ Expanded the authority that the
Board may delegate to agency
field officials and clarified
the procedures for enacting
emergency or temporary
restrictions, closures, or
openings.
67 FR 30559...................... May 7, 2002......... Final Rule.......... Amended the operating regulations
in response to comments on the
June 12, 2001, interim rule.
Also corrected some inadvertent
errors and oversights of
previous rules.
68 FR 7703....................... February 18, 2003... Direct Final Rule... Clarified how old a person must
be to receive certain
subsistence use permits and
removed the requirement that
Regional Councils must have an
odd number of members.
68 FR 23035...................... April 30, 2003...... Affirmation of Because we received no adverse
Direct Final Rule. comments on the direct final
rule (67 FR 30559), we adopted
the direct final rule.
69 FR 60957...................... October 14, 2004.... Final Rule.......... Clarified the membership
qualifications for Regional
Advisory Council membership and
relocated the definition of
``regulatory year'' from subpart
A to subpart D of the
regulations.
70 FR 76400...................... December 27, 2005... Final Rule.......... Revised jurisdiction in marine
waters and clarified
jurisdiction relative to
military lands.
71 FR 49997...................... August 24, 2006..... Final Rule.......... Revised the jurisdiction of the
subsistence program by adding
submerged lands and waters in
the area of Makhnati Island,
near Sitka, AK. This allowed
subsistence users to harvest
marine resources in this area
under seasons, harvest limits,
and methods specified in the
regulations.
72 FR 25688...................... May 7, 2007......... Final Rule.......... Revised nonrural determinations.
A 1997 environmental assessment dealt with the expansion of Federal jurisdiction over fisheries and is available at the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with concurrence of the Secretary of Agriculture, determined that expansion of Federal jurisdiction does not constitute a major Federal action significantly affecting the human environment and, therefore, signed a Finding of No Significant Impact.
Section 810 of ANILCA
The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. A Section 810 analysis was completed as part of the FEIS process. The final Section 810 analysis determination appeared in the April 6, 1992, ROD, which concluded that the Federal Subsistence Management Program may have some local impacts on subsistence uses, but the program is not likely to significantly restrict subsistence uses. Paperwork Reduction Act
This rule does not contain any new information collection requirements that need Office of Management and Budget (OMB) approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule applies to the use of public lands in Alaska. The information collection requirements described in this rule are already approved by OMB and have been assigned control number 10180075, which expires October 31, 2009. We may not conduct or sponsor and you are not required to respond to a collection of information request unless it displays a currently valid OMB control number.
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four criteria:
(a)Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b)Whether the rule will create inconsistencies with other agencies' actions.
(c)Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their recipients.
(d)Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this rule are already
being harvested and consumed by the local harvester and do not result
in an additional dollar benefit to the economy. However, we estimate
that 2 million pounds of meat are harvested by subsistence users annually and, if given an estimated dollar value
[[Page 14054]]
of $3.00 per pound, this amount would equate to about $6 million in
food value statewide. Based upon the amounts and values cited above,
the Departments certify that this rulemaking will not have a
significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a major rule. It does not have an effect on the economy of $100 million or more, will not cause a major increase in costs or prices for consumers, and does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.based enterprises to compete with foreignbased enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a subsistence priority on public lands. The scope of this program is limited by definition to certain public lands. Likewise, these regulations have no potential takings of private property implications as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies and there is no cost imposed on any State or local entities or tribal governments. Executive Order 12988
The Secretaries have determined that these regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the rule does not have sufficient Federalism implications to warrant the preparation of a Federalism 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. Executive Order 13175
In accordance with the President's memorandum of April 29, 1994, ``GovernmenttoGovernment Relations with Native American Tribal Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no substantial direct effects. The Bureau of Indian Affairs is a participating agency in this rulemaking. Executive Order 13211
Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This rule is not a significant regulatory action under Executive Order 13211, affecting energy supply, distribution, or use, and no Statement of Energy Effects is required.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Peter J. Probasco of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional assistance was provided by:
List of subjects in 36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife.
List of subjects in 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 Federal Subsistence Board
amends title 36, part 242, and title 50, part 100, of the Code of Federal Regulations, as set forth below.
PART SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 31013126; 18 U.S.C. 35513586; 43 U.S.C. 1733.
Subpart CBoard Determinations
2. In Subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. .24(a)(2) is revised to read as follows:
Sec. .24 Customary and traditional use determinations.
(a) * * *
(2) Fish determinations. The following communities and areas have
been found to have a positive customary and traditional use
determination in the listed area for the indicated species: Fish Determinations
Area Species Determination
KOTZEBUE AREA ..................
All fish. Residents of the
Kotzebue Area.
NORTON SOUNDPORT CLARENCE AREA ..................
Norton SoundPort Clarence All fish. Residents of
Area, waters draining into Stebbins, St.
Norton Sound between Point Michael, and
Romanof and Canal Point. Kotlik.
Norton SoundPort Clarence All fish. Residents of the
Area, remainder. Norton SoundPort
Clarence Area.
YUKONNORTHERN AREA ..................
Yukon River drainage. Salmon, other than Residents of the
fall chum salmon. Yukon River
drainage and the
community of
Stebbins. [[Page 14055]]
Yukon River drainage. Fall chum salmon. Residents of the
Yukon River
drainage and the
communities of
Stebbins, Scammon
Bay, Hooper Bay,
and Chevak.
Yukon River drainage. Freshwater fish Residents of the
(other than YukonNorthern
salmon). Area.
Remainder of the YukonNorthern All fish. Residents of the
Area. YukonNorthern
Area, excluding
the residents of
the Yukon River
drainage and
excluding those
domiciled in Unit
26B.
Tanana River drainage contained Freshwater fish Residents of the
within the Tetlin NWR and the (other than YukonNorthern
WrangellSt. Elias NPP. salmon). Area and
residents of
Mentasta Lake,
Chistochina,
Slana, and all
residents living
between Mentasta
Lake and
Chistochina.
KUSKOKWIM AREA ..................
Salmon. Residents of the
Kuskokwim Area,
except those
persons residing
on the United
States military
installations
located on Cape
Newenham,
Sparrevohn USAFB,
and Tatalina
USAFB.
Rainbow trout. Residents of the
communities of
Akiachak, Akiak,
Aniak,
Atmautluak,
Bethel,
Chuathbaluk,
Crooked Creek,
Eek, Goodnews
Bay, Kasigluk,
Kwethluk, Lower
Kalskag,
Napakiak,
Napaskiak,
Nunapitchuk,
Oscarville,
Platinum,
Quinhagak,
Tuluksak,
Tuntutuliak, and
Upper Kalskag.
Pacific cod. Residents of the
communities of
Chevak, Newtok,
Tununak, Toksook
Bay, Nightmute,
Chefornak,
Kipnuk, Mekoryuk,
Kwigillingok,
Kongiganak, Eek,
and Tuntutuliak.
All other fish Residents of the
other than Kuskokwim Area,
herring. except those
persons residing
on the United
States military
installation
located on Cape
Newenham,
Sparrevohn USAFB,
and Tatalina
USAFB.
Waters around Nunivak Island. Herring and herring Residents within
roe. 20 miles of the
coast between the
westernmost tip
of the Naskonat
Peninsula and the
terminus of the
Ishowik River and
on Nunivak
Island.
BRISTOL BAY AREA ..................
Nushagak District, including Salmon and Residents of the
drainages flowing into the freshwater fish. Nushagak District
district. and freshwater
drainages flowing
into the
district.
NaknekKvichak DistrictNaknek Salmon and Residents of the
River drainage. freshwater fish. Naknek and
Kvichak River
drainages.
NaknekKvichak District Salmon and Residents of the
Kvichak/IliamnaLake Clark freshwater fish. Kvichak/Iliamna
drainage. Lake Clark
drainage.
Togiak District, including Salmon and Residents of the
drainages flowing into the freshwater fish. Togiak District,
district. freshwater
drainages flowing
into the
district, and the
community of
Manokotak.
Egegik District, including Salmon and Residents of South
drainages flowing into the freshwater fish. Naknek, the
district. Egegik District
and freshwater
drainages flowing
into the
district.
Ugashik District, including Salmon and Residents of the
drainages flowing into the freshwater fish. Ugashik District
district. and freshwater
drainages flowing
into the
district.
Togiak District. Herring spawn on Residents of the
kelp. Togiak District
and freshwater
drainages flowing
into the
district.
Remainder of the Bristol Bay All fish. Residents of the
Area. Bristol Bay Area.
ALEUTIAN ISLANDS AREA ..................
All fish. Residents of the
Aleutian Islands
Area and the
Pribilof Islands.
ALASKA PENINSULA AREA ..................
All other fish in Residents of the
the Alaska Alaska Peninsula
Peninsula Area. Area.
CHIGNIK AREA ..................
Salmon and fish Residents of the
other than rainbow/ Chignik Area. steelhead trout.
KODIAK AREA .................. [[Page 14056]]
Except the Mainland District, Salmon. Residents of the
all waters along the south Kodiak Island
side of the Alaska Peninsula Borough, except
bounded by the latitude of those residing on
Cape Douglas (58[deg]51.10' the Kodiak Coast
North latitude) midstream Guard Base. Shelikof Strait, north and
east of the longitude of the
southern entrance of Imuya Bay
near Kilokak Rocks
(57[deg]10.34' North latitude,
156[deg]20.22' West
longitude).
Kodiak Area. Fish other than Residents of the
rainbow/steelhead Kodiak Area. trout and salmon.
COOK INLET AREA ..................
Kenai Peninsula District All fish. Residents of the
Waters north of and including communities of
the Kenai River drainage Hope and Cooper
within the Kenai National Landing. Wildlife Refuge and the
Chugach National Forest.
Kenai Peninsula District Salmon. Residents of the
Waters north of and including community of
the Kenai River drainage Ninilchik. within the Kenai National
Wildlife Refuge and the
Chugach National Forest.
Waters within the Kasilof River All fish. Residents of the
drainage within the Kenai NWR. community of
Ninilchik.
Waters within Lake Clark Salmon. Residents of the
National Park draining into Tuxedni Bay area. and including that portion of
Tuxedni Bay within the park.
Cook Inlet Area Fish other than Residents of the
salmon, Dolly Cook Inlet Area. Varden, trout,
char, grayling,
and burbot.
PRINCE WILLIAM SOUND AREA ..................
Southwestern District and Green Salmon. Residents of the
Island. Southwestern
District, which
is mainland
waters from the
outer point on
the north shore
of Granite Bay to
Cape Fairfield,
and Knight
Island, Chenega
Island,
Bainbridge
Island, Evans
Island, Elrington
Island, Latouche
Island and
adjacent islands.
North of a line from Porcupine Salmon. Residents of the
Point to Granite Point, and villages of
south of a line from Point Tatitlek and
Lowe to Tongue Point. Ellamar.
Copper River drainage upstream Freshwater fish. Residents of
from Haley Creek. Cantwell,
Chisana,
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy,
Mentasta Lake,
Nabesna,
Northway, Slana,
Tanacross,
Tazlina, Tetlin,
Tok, Tonsina, and
those individuals
that live along
the Tok Cutoff
from Tok to
Mentasta Pass,
and along the
Nabesna Road.
Gulkana National Wild and Freshwater fish. Residents of
Scenic River. Cantwell,
Chisana,
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy,
Mentasta Lake,
Nabesna,
Northway, Paxson
Sourdough, Slana,
Tanacross,
Tazlina, Tetlin,
Tok, Tonsina, and
those individuals
that live along
the Tok Cutoff
from Tok to
Mentasta Pass,
and along the
Nabesna Road.
Waters of the Prince William Freshwater fish Residents of the
Sound Area, except for the (trout, char, Prince William
Copper River drainage upstream whitefish, Sound Area,
of Haley Creek. suckers, grayling, except those
and burbot). living in the
Copper River
drainage upstream
of Haley Creek. [[Page 14057]]
Chitina Subdistrict of the Salmon. Residents of
Upper Copper River District. Cantwell,
Chickaloon,
Chisana,
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy,
Mentasta Lake,
Nabesna,
Northway, Paxson
Sourdough, Slana,
Tanacross,
Tazlina, Tetlin,
Tok, Tonsina, and
those individuals
that live along
the Tok Cutoff
from Tok to
Mentasta Pass,
and along the
Nabesna Road.
Glennallen Subdistrict of the Salmon. Residents of the
Upper Copper River District. Prince William
Sound Area and
residents of
Cantwell,
Chickaloon,
Chisana, Dot
Lake, Healy Lake,
Northway,
Tanacross,
Tetlin, Tok, and
those individuals
living along the
Alaska Highway
from the Alaskan/
Canadian border
to Dot Lake,
along the Tok
Cutoff from Tok
to Mentasta Pass,
and along the
Nabesna Road.
Waters of the Copper River Salmon. Residents of
between National Park Service Mentasta Lake and
regulatory markers located Dot Lake. near the mouth of Tanada
Creek, and in Tanada Creek
between National Park Service
regulatory markers identifying
the open waters of the creek.
Remainder of the Prince William Salmon. Residents of the
Sound Area. Prince William
Sound Area.
Waters of the Bering River area Eulachon. Residents of
from Point Martin to Cape Cordova. Suckling.
Waters of the Copper River Eulachon. Residents of
Delta from the Eyak River to Cordova, Chenega
Point Martin. Bay, and
Tatitlek.
YAKUTAT AREA ..................
Fresh water upstream from the Salmon. Residents of the
terminus of streams and rivers area east of
of the Yakutat Area from the Yakutat Bay,
Doame River to the Tsiu River. including the
islands within
Yakutat Bay, west
of the Situk
River drainage,
and south of and
including Knight
Island.
Fresh water upstream from the Dolly Varden, Residents of the
terminus of streams and rivers steelhead trout, area east of
of the Yakutat Area from the and smelt. Yakutat Bay,
Doame River to Point Manby. including the
islands within
Yakutat Bay, west
of the Situk
River drainage,
and south of and
including Knight
Island.
Remainder of the Yakutat Area. Dolly Varden, Residents of
trout, smelt, and Southeastern
eulachon. Alaska and
Yakutat Areas.
SOUTHEASTERN ALASKA AREA ..................
District 1Section 1E in Salmon, Dolly Residents of the
waters of the Naha River and Varden, trout, City of Saxman. Roosevelt Lagoon. smelt, and
eulachon.
District 1Section 1F in Boca Salmon, Dolly Residents of the
de Quadra in waters of Sockeye Varden, trout, City of Saxman. Creek and Hugh Smith Lake smelt, and
within 500 yards of the eulachon.
terminus of Sockeye Creek.
Districts 2, 3, and 5 and Salmon, Dolly Residents living
waters draining into those Varden, trout, south of Sumner
Districts. smelt, and Strait and west
eulachon. of Clarence
Strait and
Kashevaroff
Passage.
District 5North of a line Salmon, Dolly Residents of the
from Point Barrie to Boulder Varden, trout, City of Kake and
Point. smelt, and in Kupreanof
eulachon. Island drainages
emptying into
Keku Strait south
of Point White
and north of the
Portage Bay boat
harbor.
District 6 and waters draining Salmon, Dolly Residents of the
into that District. Varden, trout, living south of
smelt, and Sumner Strait and
eulachon. west of Clarence
Strait and
Kashevaroff
Passage;
residents of
drainages flowing
into District 6
north of the
latitude of Point
Alexander (Mitkof
Island);
residents of
drainages flowing
into Districts 7
& 8, including
the communities
of Petersburg &
Wrangell; and
residents of the
communities of
Meyers Chuck and
Kake. [[Page 14058]]
District 7 and waters draining Salmon, Dolly Residents of
into that District. Varden, trout, drainages flowing
smelt, and into District 6
eulachon. north of the
latitude of Point
Alexander (Mitkof
Island);
residents of
drainages flowing
into Districts 7
& 8, including
the communities
of Petersburg &
Wrangell; and
residents of the
communities of
Meyers Chuck and
Kake.
District 8 and waters draining Salmon, Dolly Residents of
into that District. Varden, trout, drainages flowing
smelt, and into Districts 7
eulachon. & 8, residents of
drainages flowing
into District 6
north of the
latitude of Point
Alexander (Mitkof
Island), and
residents of
Meyers Chuck.
District 9Section 9A. Salmon, Dolly Residents of the
City of Kake and
in Kupreanof
Island drainages
emptying into
Keku Strait south
of Point White
and north of the
Portage Bay boat
harbor.
District 9Section 9B north of Varden, trout, Residents of the
the latitude of Swain Point. smelt, and City of Kake and
eulachon. in Kupreanof
FOR FURTHER INFORMATION CONTACT
Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of Subsistence Management; (907) 7863888 or subsistence@fws.gov. For questions specific to National Forest System lands, contact Steve Kessler, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907) 7439461.