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:

  • Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture;
  • Alaska Regional Director, U.S. Fish and Wildlife Service;
  • Alaska Regional Director, U.S. National Park Service;
  • Alaska State Director, U.S. Bureau of Land Management;
  • Alaska Regional Director, U.S. Bureau of Indian Affairs; and
  • Alaska Regional Forester, U.S. Forest Service.

    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).

  • The Board rejected one proposal to alter various management components of the Prince of Wales/Kosciusko Islands and the Southeast Alaska Federal subsistence steelhead fisheries as unnecessarily restrictive for subsistence users and not supported by substantial evidence.
  • The Board rejected one proposal to stop the issuance of Federal subsistence fishing permits for streams crossed by or adjacent to the Juneau road system as unnecessarily restrictive for subsistence users.
  • The Board rejected one proposal to recognize a customary and traditional use determination for residents of Ninilchik for resident fish in the Kenai Peninsula District waters north of and including the Kenai River drainage, contrary to the modified proposal recommendation of the Southcentral Council, based on a lack of substantial evidence.
  • The Board rejected one proposal to revise Federal regulatory language to be more consistent with State regulations in the Cook Inlet area concerning the harvest of rainbow/steelhead, Arctic grayling, and burbot as being
    [[Page 14052]]
    unnecessarily restrictive for subsistence users.
  • The Board rejected one proposal to allow dipnetting from the banks of the Kenai River at the Moose Range Meadows site, based on conservation concerns.
  • The Board deferred one proposal to have ``no Federal subsistence priority'' for customary and traditional use determination for the Juneau road system area to allow more time to develop a complete analysis of customary and traditional use of fish in Districts 11 and 15.
  • The Board deferred one proposal to close Federal public waters in the Makhnati Island area to the harvest of herring and herring spawn except for Federally qualified subsistence users to allow completion and analysis of studies being conducted, for a period not to exceed two years.
  • The Board deferred two proposals, one that would restrict gillnet mesh size and one to restrict gillnet depth on the Yukon River not to extend beyond April 2010. The Board based its decisions on the need for additional evidence to support the proposals and a concern for unnecessary restrictions on 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

  • More closely aligned Federal regulations with State subsistence regulations in the Chignik Management Area to allow subsistence salmon fishing in the Clark River and Home Creek tributaries of Chignik Lake.
    Southeast Alaska Fishery Management Area
  • Revised language to clarify restrictions and exceptions to the accumulation of harvest limits of fish between Federal subsistence and State fisheries. The Board adopted this recommendation, which was different than the Southeast Alaska Regional Advisory Council recommendation, for conservation purposes.
    Norton Sound Port Clarence Fishery Management Area
  • Closed the Federal public waters of the Unalakleet River, upstream from the mouth of the Chirosky River to the taking of Chinook salmon from July 131.
    Cook Inlet Fishery Management Area
  • Revised and clarified the requirements for the marking of fish and information recorded on permits and better defined the lower boundary of the Kasilof River fishing area.
  • Aligned slot size limit for earlyrun Chinook salmon in the Kenai River with State regulation, and revised daily harvest and possession limits for lake trout in Hidden Lake to be consistent with the current harvest limit scheme resulting from changes to State regulations.

    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:

  • Daniel Sharp, Alaska State Office, Bureau of Land Management;
  • Sandy Rabinowitch and Nancy Swanton, Alaska Regional Office, National Park Service;
  • Drs. Warren Eastland and Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs;
  • Jerry Berg and Carl Jack, Alaska Regional Office, U.S. Fish and Wildlife Service; and
  • Steve Kessler, Alaska Regional Office, U.S. Forest Service.

    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.