Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Correction,

[Federal Register: July 1, 1999 (Volume 64, Number 126)]

[Rules and Regulations]

[Page 35821-35830]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01jy99-12]

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; Correction

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

ACTION: Final rule; correction.

SUMMARY: This document corrects Sections 50 CFR 100.24 and 36 CFR 242.24 of the Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, C, and D, Redefinition to Include Waters Subject to Subsistence Priority that was published in the Federal Register of January 8, 1999, to include updated material which was inadvertently omitted. This document also corrects the effective dates for 36 CFR 242.26 and 242.27 and 50 CFR 100.26 and 100.27.

DATES: This correction to 36 CFR 242.24 and 50 CFR 100.24 is effective October 1, 1999. The effective dates for 36 CFR 242.26 and 242.27 and 50 CFR 100.26 and 100.27 are corrected to be October 1, 1999 through February 28, 2001.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Thomas H. Boyd, (907) 786-3888. For questions specific to National Forest System lands, contact Ken Thompson, Regional Subsistence Program Manager, USDA, Forest Service, Alaska Region, (907) 271-2540.

SUPPLEMENTARY INFORMATION: On January 8, 1999, the Secretaries of the Interior and Agriculture published a Final Rule in the Federal Register (64 FR 1276) that extended jurisdiction for providing subsistence priority to rural Alaskans for harvesting fish in waters where there is a Federal reservedwater right. In that document, an outdated version of Section ________.24(a)(1) was inadvertently used. The Federal Subsistence Board, which has been delegated authority to promulgate regulations in subparts C and D, has also corrected the wording of Section ________.24(a) introductory text. This document corrects Sections ________.24(a) introductory text and ________.24(a)(1).

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 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

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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.

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, D.C. 20240; and the Office of Management and Budget, Paperwork Reduction Project (Subsistence), Washington, D.C. 20503. Additional information collection requirements may be imposed if Local Advisory Committees subject to the Federal Advisory Committee Act are established under Subpart B.

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: USFWS, Office of Subsistence Management, Thomas H. Boyd, 1011 E. Tudor Road, Anchorage, Alaska 99503.

Other Requirements

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 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

[[Page 35823]]

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.

In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects. The Bureau of Indian Affairs is a participating agency in this rulemaking.

Drafting information--William Knauer drafted this correction under the guidance of Thomas H. Boyd, of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Peggy Fox, 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 provided additional guidance.

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 correct FR Doc. 99-11 published at 64 FR 1276, January 8, 1999, as set forth below:

PART SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA

[CORRECTED]

1. On page 1294, beginning in column 2, correct paragraphs (a) introductory text and (a)(1) of 36 CFR 242.24 and 50 CFR 100.24, to read as follows:

Sec. __________.24 Customary and traditional use determinations.

(a) The Federal Subsistence Board has determined that rural Alaska residents of the listed communities, areas, and individuals have customary and traditional use of the specified species on Federal public land in the specified areas. Persons granted individual customary and traditional use determinations will be notified in writing by the Board. The Fish and Wildlife Service and the local NPS Superintendent will maintain the list of individuals having customary and traditional use on National Parks and Monuments. A copy of the list is available upon request. 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....... Residents of Unit 1(C), 1(D), 3, and residents of Hoonah, Pelican, Point Baker, Sitka, and Tenakee Springs. 1(A).......................... Brown Bear....... Residents of Unit 1(A) except no subsistence for residents of Hyder. 1(B).......................... Brown Bear....... Residents of Unit 1(A), Petersburg, and Wrangell, except no subsistence for residents of Hyder. 1(C).......................... Brown Bear....... Residents of Unit 1(C), Haines, Hoonah, Kake, Klukwan, Skagway, and Wrangell, except no subsistence for residents of Gustavus. 1(D).......................... Brown Bear....... Residents of 1(D). 1(A).......................... Deer............. Residents of 1(A) and 2. 1(B).......................... Deer............. Residents of Unit 1(A), residents of 1(B), 2 and 3. 1(C).......................... Deer............. Residents of 1(C) and (D), and residents of Hoonah, Kake, and Petersburg. 1(D).......................... Deer............. No Federal subsistence priority. 1(B).......................... Goat............. Residents of Units 1(B) and 3. 1(C).......................... Goat............. Residents of Haines, Kake, Klukwan, Petersburg, and Hoonah. 1(B).......................... Moose............ 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............. 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............ 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............................. Goat............. Residents of Unit 5(A) 5............................. Moose............ Residents of Unit 5(A).

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5............................. Wolf............. 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(A).......................... Goat............. Residents of Unit 5(A), 6(C), Chenega Bay and Tatitlek. 6(C) and (D).................. Goat............. Residents of Unit 6(C) and (D). 6(A).......................... Moose............ Unit 6(A)--Residents of Units 5(A), 6(A), 6(B) and 6(C). 6(B) and (C).................. Moose............ Residents of Units 6(A), 6(B) and 6(C). 6(D).......................... Moose............ No Federal subsistence priority. 6(A).......................... Wolf............. Residents of Units 5(A), 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16- 26. 6, remainder.................. Wolf............. Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon and 16- 26. Unit 7........................ Brown Bear....... No 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 Moose............ Residents of Chenega Kings Bay.

Bay and Tatitlek. 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).......................... Brown Bear....... Residents of Pedro Bay. 9(B).......................... Brown Bear....... Residents of Unit 9(B). 9(C).......................... Brown Bear....... Residents of Unit 9(C). 9(D).......................... Brown Bear....... Residents of Units 9(D) and 10 (Unimak Island). 9(E).......................... Brown Bear....... Residents of Chignik, Chignik Lagoon, Chignik Lake, Egegik, Ivanof Bay, Perryville, Pilot Point, Ugashik, and Port Heiden/Meshik. 9(A) and (B).................. Caribou.......... Residents of Units 9(B), 9(C) and 17. 9(C).......................... Caribou.......... Residents of Unit 9(B), 9(C), 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............ Residents of Cold Bay, False Pass, King Cove, Nelson Lagoon, and Sand Point. 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......... Brown Bear....... Residents of Units 9(D) and 10 (Unimak Island). Unit 10 Unimak Island......... Caribou.......... Residents of False Pass, King Cove, and Sand Point. 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, north of the Sanford River Black Bear....... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Tazlina, Tonsina, and Units 11 and 12. 11, remainder................. Black Bear....... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Tazlina, Tonsina, and Unit 11. 11, north of the Sanford River Brown Bear....... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Tazlina, Tonsina, and Units 11 and 12. 11, remainder................. Brown Bear....... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Tazlina, Tonsina, and Unit 11. 11, north of the Sanford River Caribou.......... Residents of Units 11, 12, and 13 (A)-- (D) and the residents of Chickaloon, Healy Lake, and Dot Lake. 11, remainder................. Caribou.......... Residents of Units 11 and 13 (A)--(D) and the residents of Chickaloon.

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11............................ Goat............. Residents of Unit 11 and the residents of Chitina, Chistochina, Copper Center, Gakona, Glennallen, 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, Healy Lake, and Dot Lake. 11, remainder................. Moose............ Residents of Units 11, 13 (A)-(D), and 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, Healy Lake, 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, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/ South Park, Tazlina and Tonsina; residents along the Tok Cutoff--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, Residents of Units Blue, Ruffed and 11, 12, 13 and the Sharp-tailed). residents of Chickaloon, 15, 16, 20(D), 22 and 23. 11............................ Ptarmigan (Rock, Residents of Units Willow and White- 11, 12, 13 and the tailed).

residents of Chickaloon, 15, 16, 20(D), 22 and 23. Unit 12....................... Brown Bear....... Residents of Unit 12 and Dot Lake, Chistochina, Gakona, Mentasta Lake, and Slana. 12............................ Caribou.......... Residents of Unit 12 and residents of Dot Lake, Healy Lake, and Mentasta Lake. 12, south of a line from Noyes Moose............ Residents of Unit 11 Mountain, southeast of the

north of 62nd confluence of Tatschunda

parallel (excluding Creek to Nabesna River.

North Slana Homestead and South Slana Homestead); and residents of Unit 12, 13(A)-(D) and the residents of Chickaloon, Dot Lake, and Healy Lake. 12, east of the Nabesna River Moose............ Residents of Unit 12 and Nabesna Glacier, south of

and Healy Lake. the Winter Trail from Pickerel Lake to the Canadian Border. 12, remainder................. Moose............ Residents of Unit 12 and residents of Dot Lake, Healy Lake, and Mentasta Lake. 12............................ Sheep............ Residents of Unit 12 and residents of Chistochina, Dot Lake, Healy Lake, 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....... Residents of Unit 13. 13(B)......................... Caribou.......... Residents of Units 11, 12 (along the Nabesna Road), 13, residents of Unit 20(D) except Fort Greely, and the residents of Chickaloon. 13(C)......................... Caribou.......... Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon, Dot Lake and Healy Lake. 13(A) & (D)................... Caribou.......... Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon. 13(E)......................... Caribou.......... Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon, 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) & (D)................... Moose............ Residents of Unit 13 and the residents of Chickaloon. 13(B)......................... Moose............ Residents of Units 13, 20(D) except Fort Greely, and the residents of Chickaloon. 13(C)......................... Moose............ Residents of Units 12, 13 and the residents of Chickaloon, Healy Lake, and Dot Lake. 13(E)......................... Moose............ Residents of Unit 13 and the residents of Chickaloon and 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.

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13............................ Wolf............. Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16- 26. 13............................ Grouse (Spruce, Residents of Units Blue, Ruffed & 11, 13 and the Sharp tailed). residents of Chickaloon, 15, 16, 20(D), 22 & 23. 13............................ Ptarmigan (rock, Residents of Units Willow and White- 11, 13 and the tailed.

residents of 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....... Resident of Port Graham and Namwalek only. 15, remainder................. Black Bear....... No Federal subsistence priority. 15............................ Brown Bear....... No Federal subsistence priority. 15(C), Port Graham and English Goat............. Residents of Port Bay hunt areas..

Graham and Nanwale, 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, Residents of Unit 15. Willow and White- tailed). 15............................ Grouse (Spruce).. Residents of Unit 15. 15............................ Grouse (Ruffed).. No Federal subsistence priority. 16(B)......................... Black Bear....... Residents of Unit 16(B). 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, Residents of Units Blue, Ruffed and 11, 13 and the Sharp-tailed). residents of Chickaloon, 15, 16, 20(D), 22 and 23. 16............................ Ptarmigan (Rock, Residents of Units Willow and White- 11, 13 and the tailed).

residents of Chickaloon, 15, 16, 20(D), 22 and 23. Unit 17(A) and that portion of Black Bear....... Residents of Units 17(B) draining into Nuyakuk

9(A) and (B), 17, Lake and Tikchik Lake.

and resident of Akaik and Akiachak. 17, remainder................. Black Bear....... Residents of Units 9(A) and (B), and 17. 17(A)......................... Brown Bear....... Residents of Unit 17, and residents of Akiak, Akiachak, Goodnews Bay and Platinum. 17(A) and (B), those portions Brown Bear....... Residents of north and west of a line

Kwethluk. 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), that portion draining Brown Bear....... Residents of Akaik into Nuyakuk Lake and Tikchik

and Akiachak. Lake. 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. Unit 17(A), that portion west Caribou.......... Residents of Goodnews of the Izaveieknik River,

Bay, Platinum, Upper Togiak Lake, Togiak

Quinhagak, Eek, Lake, and the main course of

Tuntutuliak, and the Togiak River.

Napakiak. 17(A) and (B), those portions Caribou.......... Residents of north and west of a line

Kwethluk. 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. Unit 17(B), that portion of Caribou.......... Residents of Bethel, Togiak National Wildlife

Goodnews Bay, Refuge within Unit 17(B).

Platinum, Quinhagak, Eek, Tuntutuliak, and Napakiak. 17(A) and (B), those portions Moose............ Residents of north and west of a line

Kwethluk. 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. 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.

[[Page 35827]]

Unit 18....................... Black Bear....... Residents of Unit 18, residents of Unit 19(A) living downstream of the Holokuk River, and residents of Holy Cross, Stebbins, St. Michael, Twin Hills, and Togiak. 18............................ Brown Bear....... Residents of Akiachak, Akiak, Eek, Goodnews Bay, Kwethluk, Mt. Village, Napaskiak, Platinum, Quinhagak, St. Mary's, and Tuluksak. 18............................ Craibou (Kilbuck INTERIM DETERMINATION caribou herd BY FEDERAL only).

SUBSISTENCE 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 Residents of Kilbuch caribou Alakanuk, herd).

Andreafsky, Chevak, Emmonak, Hooper Bay, Kotlik, Kwethluk, Marshall, Mountain Village, Pilot Station, Pitka's Point, Russian Mission, St. Marys, St. Michael, Scammon Bay, Sheldon Point, and Stebbins. 18, remainder................. Caribou (except Residents of Kilbuch caribou Kwethluk. herd). 18, that portion fo the Yukon Moose............ Residents of Unit 18 River drainage upstream of

and residents of Russian Mission and that

Upper Kalskag, Lower portion of the Kuskokwim

Kalskag, Aniak, and River drainage upstream of,

Chuathbaluk. 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) and (B)................. Brown Bear....... Residents of Units 19 and 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River. 19(C)......................... Brown Bear....... No Federal subsistence priority. 19(D)......................... Brown Bear....... Residents of Units 19(A) and (D), and residents of Tulusak and Lower Kalskag. 19(A) and (B)................. Caribou.......... Residents of Units 19(A) and 19(B), residents of Unit 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River, and residents of St. Marys, Marshall, Pilot Station, Russian Mission. 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. Unit 19(B), west of the

Moose............ Residents of Eek and Kogrukluk River.

Quinhagak. 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)......................... Caribou.......... Residents of Cantwell, Nenana, and those domiciled between milepost 216 and 239 of the Parks Highway. No subsistence priority for residents of households of the Denali National Park Headquarters. 20(B)......................... Caribou.......... Residents of Unit 20(B), Nenana, and Tanana. 20(C)......................... Caribou.......... Residents of Unit 20(C) living east of the Teklanika River, residents of Cantwell, Lake Minchumina, Manley Hot Springs, Minto, Nenena, Nikolai, Tanana, Talida, and those domiciled between milepost 216 and 239 of the Parks Highway and between milepost 300 and 309. No subsistence priority for residents of households of the Denali National Park Headquarters. 20(D) and (E)................. Caribou.......... Residents of 20(D), 20(E), and Unit 12 north of the Wrangell-St. Elias National Park and Preserve.

[[Page 35828]]

20(F)......................... Caribou.......... Residents of 20(F), 25(D), and Manley. 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--residents of Unit 20(B), and residents of Nenana and Tanana. 20(C)......................... Moose............ 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. 20(D)......................... Moose............ 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, Residents of Units Blue, Ruffed and 11, 13 and the Sharp-tailed). residents of Chickaloon, 15, 16, 20(D), 22, and 23. 20(D)......................... Ptarmigan (Rock, Residents of Units Willow and White- 11, 13 and the tailed).

residents of Chickaloon, 15, 16, 20(D), 22, and 23. Unit 21....................... Brown Bear....... Residents of Units 21 and 23. 21(A)......................... Caribou.......... Residents of Units 21(A), 21(D), 21(E), Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna. 21(B) & (C)................... Caribou.......... Residents of Units 21(B), 21(C), 21(D), and Tanana. 21(D)......................... Caribou.......... Residents of Units 21(B), 21(C), 21(D), and Huslia. 21(E)......................... Caribou.......... Residents of Units 21(A), 21(E) and Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna. 21(A)......................... Moose............ Residents of Units 21(A), (E), Takotna, McGrath, Aniak, and Crooked Creek. 21(B) and (C)................. Moose............ Residents of Units 21(B) and (C), Tanana, Ruby, and Galena. 21(D)......................... Moose............ Residents of Units 21(D), 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. Marys, 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, Residents of Units Blue, Ruffed and 11, 13 and the Sharp-tailed). residents of Chickaloon, 15, 16, 20(D), 22, and 23. 22............................ Ptarmigan (Rock, Residents of Units Willow and White- 11, 13 and the tailed).

residents of Chickaloon, 15, 16, 20(D), 22, and 23. Unit 23....................... Black Bear....... Residents of Unit 23, Alatna, Allakaket, Bettles, Evansville, Galena, Hughes, Huslia, and Koyukuk.

[[Page 35829]]

23............................ Brown Bear....... 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 Muskox........... Residents of Unit 23 and west of and including the

south of Kotzebue Buckland River drainage.

Sound and west of and including the Buckland River drainage. 23, remainder................. Muskox........... Residents of Unit 23 east and north of the Buckland River drainage. 23............................ Sheep............ Residents of Point Lay and 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, Residents of Units Blue, Ruffed and 11, 13 and the Sharp-tailed). residents of Chickaloon, 15, 16, 20(D), 22, and 23. 23............................ Ptarmigan (Rock, Residents of Units Willow and White- 11, 13 and the tailed).

residents of Chickaloon, 15, 16, 20(D), 22, and 23. Unit 24, that portion south of Black Bear....... Residents of Stevens Caribou Mountain, and within

Village and the public lands composing or

residents of United immediately adjacent to the

24 and Wiseman, but Dalton Highway Corridor

not including any Management Area.

other residents of the Dalton 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 Brown Bear....... Residents of Stevens Caribou Mountain, and within

Village and the public lands composing or

residents of Unit 24 immediately adjacent to the

and Wiseman, but not Dalton Highway Corridor

including any other Management Area..

residents of the Dalton Highway Corridor Management Area. 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, 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 25(D). 25(D)......................... Brown Bear....... Residents of Unit 25(D). 25, remainder................. Brown Bear....... No Federal subsistence priority. 25(D)......................... Caribou.......... Residents of 20(F), 25(D), and Manley. 25(A)......................... Moose............ Residents of Units 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, Anaktuvuk Pass and Point Hope. 26(B)......................... Caribou.......... Residents of Unit 26, Anaktuvuk Pass, Point Hope, and Wiseman. 26(C)......................... Caribou.......... Residents of Unit 26, 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, Anaktuvuk Pass, Arctic Village, Chalkytsik, Fort Yukon, Point Hope, and Venetie.

[[Page 35830]]

26............................ Wolf............. Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon and 16- 26.

* * * * *

Dated: June 9, 1999. James A. Caplan, Acting Regional Forester, UDSA-Forest Service.

Dated: June 7, 1999. Thomas H. Boyd, Acting Chair, Federal Subsistence Board.

[FR Doc. 99-16410Filed6-30-99; 8:45 am]

BILLING CODE 3410-11-P; 4310-55-P

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