Subsistence Management Regulations for Public Lands in Alaska-2023-24 and 2024-25 Subsistence Taking of Wildlife and Fish and Shellfish Regulations
| Published date | 29 February 2024 |
| Record Number | 2024-04056 |
| Citation | 89 FR 14746 |
| Court | Fish And Wildlife Service,Forest Service |
| Section | Rules and Regulations |
Federal Register, Volume 89 Issue 41 (Thursday, February 29, 2024)
[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Rules and Regulations]
[Pages 14746-14760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04056]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS-R7-SM-2021-0039; FXFR13350700640-245-FF07J00000]
RIN 1018-BF19
Subsistence Management Regulations for Public Lands in Alaska--
2023-24 and 2024-25 Subsistence Taking of Wildlife and Fish and
Shellfish Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule.
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SUMMARY: This final rule revises regulations for seasons, harvest
limits, methods, and means related to taking of fish for subsistence
uses in Alaska during the 2023-2024 and 2024-2025 regulatory years and
the customary and traditional use determinations for fish and
shellfish. This rule also revises the regulations for subsistence
taking of wildlife, in response to deferred proposals from the 2022-
2024 wildlife regulations cycle. The Federal Subsistence Management
Program provides a preference for customary and traditional uses by
rural Alaska residents of wild, renewable resources on Federal public
lands and waters in Alaska.
DATES: This rule is effective February 29, 2024.
ADDRESSES: Federal Subsistence Board meeting transcripts are available
for review at the Office of Subsistence Management, 1011 East Tudor
Road, Mail Stop 121, Anchorage, AK 99503; on the Office of Subsistence
Management website (https://www.doi.gov/subsistence); and at https://www.regulations.gov in Docket No. FWS-R7-SM-2021-0039. The comments
received in response to the proposed rule are available at https://www.regulations.gov in Docket No. FWS-R7-SM-2021-0039.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Amee Howard, Office of
Subsistence Management; (907) 786-3888 or [email protected]. For
questions specific to National Forest System lands, contact Gregory
Risdahl, Subsistence Program Leader, U.S.
[[Page 14747]]
Department of Agriculture (USDA), Forest Service, Alaska Region; (907)
302-7354 or [email protected]. Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services. Individuals outside the United States should use the
relay services offered within their country to make international calls
to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Under title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. The Program provides a
preference for take of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The term ``subsistence
uses'' means the customary and traditional uses by rural Alaska
residents of wild, renewable resources for direct personal or family
consumption as food, shelter, fuel, clothing, tools, or transportation
or for other specified purposes. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114) and published final regulations in the Federal
Register on May 29, 1992 (57 FR 22940).
The Program managers have subsequently amended these regulations
many times. Because this program is a joint effort between Interior and
Agriculture, these regulations are located in two titles of the Code of
Federal Regulations (CFR): title 36, ``Parks, Forests, and Public
Property,'' and title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-
242.28 and 50 CFR 100.1-100.28, respectively. Consequently, to indicate
that identical changes affect regulations in both titles 36 and 50, in
this document we present references to specific sections of the CFR as
shown in the following example: Sec. __.24.
The Program regulations contain subparts as follows: Subpart A,
General Provisions; Subpart B, Program Structure; Subpart C, Board
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board comprises:
A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
The Alaska Regional Director, U.S. Fish and Wildlife
Service (FWS);
The Alaska Regional Director, National Park Service (NPS);
The Alaska State Director, Bureau of Land Management
(BLM);
The Alaska Regional Director, Bureau of Indian Affairs
(BIA);
The Alaska Regional Forester, USDA Forest Service (USDA-
FS); and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies participate in the development of
regulations for subparts C and D, which, among other things, set forth
program eligibility, including determinations of which areas or
communities in Alaska are nonrural, and specific harvest seasons and
limits. The Board receives analytical and administrative assistance
from the Interagency Staff Committee, which comprises senior technical
experts from FWS, NPS, BLM, BIA, and USDA-FS (per Sec. __.10(d)(7)).
In administering the Program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Federal Subsistence Regional Advisory Council (Council). The Councils
provide a forum for rural residents with personal knowledge of local
conditions and resource requirements to have a meaningful role in the
subsistence management of fish and wildlife on Federal public lands in
Alaska. The Council members represent varied geographical, cultural,
and user interests within each region.
The Board conducts rulemaking for the Program on a biennial
schedule with the process of revising the fish and shellfish
regulations and the process for revising the wildlife regulations
occurring during opposite years. The Board addresses ``customary and
traditional use'' determinations during the applicable biennial cycle.
The regulations at Sec. __.4 define ``customary and traditional use''
as ``a long-established, consistent pattern of use, incorporating
beliefs and customs which have been transmitted from generation to
generation.'' Since establishment of the Program regulations in 1992,
the Board has made a number of customary and traditional use
determinations at the request of affected subsistence users. These
determinations have resulted in revisions to the regulations at Sec.
__.24. The modifications for fish and shellfish, along with some
administrative corrections, were published in the Federal Register as
follows:
Table 1--Modifications to Sec. __.24, Customary and Traditional Use Determinations
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Rule made changes to the following provisions of
Federal Register citation Date of publication __.24
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59 FR 27462....................... May 27, 1994............. Wildlife and Fish/Shellfish.
59 FR 51855....................... October 13, 1994......... Wildlife and Fish/Shellfish.
60 FR 10317....................... February 24, 1995........ Wildlife and Fish/Shellfish.
61 FR 39698....................... July 30, 1996............ Wildlife and Fish/Shellfish.
62 FR 29016....................... May 29, 1997............. Wildlife and Fish/Shellfish.
63 FR 35332....................... June 29, 1998............ Wildlife and Fish/Shellfish.
63 FR 46148....................... August 28, 1998.......... Wildlife and Fish/Shellfish.
64 FR 1276........................ January 8, 1999.......... Fish/Shellfish.
66 FR 10142....................... February 13, 2001........ Fish/Shellfish.
67 FR 5890........................ February 7, 2002......... Fish/Shellfish.
68 FR 7276........................ February 12, 2003........ Fish/Shellfish.
69 FR 5018........................ February 3, 2004......... Fish/Shellfish.
70 FR 13377....................... March 21, 2005........... Fish/Shellfish.
71 FR 15569....................... March 29, 2006........... Fish/Shellfish.
72 FR 12676....................... March 16, 2007........... Fish/Shellfish.
72 FR 73426....................... December 27, 2007........ Wildlife/Fish.
74 FR 14049....................... March 30, 2009........... Fish/Shellfish.
76 FR 12564....................... March 8, 2011............ Fish/Shellfish.
77 FR 35482....................... June 13, 2012............ Wildlife.
[[Page 14748]]
79 FR 35232....................... June 19, 2014............ Wildlife.
81 FR 52528....................... August 8, 2016........... Wildlife.
83 FR 3079........................ January 23, 2018......... Fish.
83 FR 50758....................... October 9, 2018.......... Wildlife.
84 FR 39744....................... August 12, 2019.......... Fish.
85 FR 74796....................... November 23, 2020........ Wildlife.
87 FR 44846....................... July 26, 2022............ Wildlife.
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Current Rulemaking Action
The Departments published a proposed rule, Subsistence Management
Regulations for Public Lands in Alaska--2023-24 and 2024-25 Subsistence
Taking of Fish Regulations, on March 17, 2022 (87 FR 15155), to amend
the fish and shellfish sections of subparts C and D of 36 CFR part 242
and 50 CFR part 100. As stated in the proposed rule, during the
rulemaking cycle for the fish and shellfish regulations, the Board also
accepts proposals for nonrural determinations.
The proposed rule opened a comment period, which closed on May 16,
2022. The Departments advertised the proposed rule on the Program's web
page and by mail, email, social media, radio, and newspaper. During
that period, the Councils met and, in addition to other Council
business, received suggestions for proposals from the public. The Board
received a total of 10 proposals for changes to the subpart C
regulations (which pertain to Board determinations for subsistence
resource regions, rural determinations, and customary and traditional
use determinations). Nine of those proposals were for changes to
customary and traditional use determinations, and one was for a change
to nonrural determinations. Nine proposals were submitted for changes
to the subpart D regulations (which provide specific provisions
regarding the taking of fish and wildlife). Two of those proposals were
later withdrawn by their proponents. In addition, 19 fisheries closure
reviews were presented for comment as required by Board policy that
specifies a review of each closure at least every 4 years. Seven of the
closure reviews were deferred from the previous fish and shellfish
proposed rule (85 FR 9430, February 19, 2020).
The public submitted 20 comments, which are available for review at
https://www.regulations.gov in Docket No. FWS-R7-SM-2021-0039. We
reviewed and considered all public comments received on the proposed
rule. Most of the comments were proposal submissions in response to the
request for proposals outlined in the proposed rule. Most other
comments reflected the same concerns or issues that were also included
in those proposals that were presented to the Board and were,
therefore, considered during Board deliberations on the proposals. The
remaining public comments pertained to issues outside the scope of this
rulemaking action.
After the comment period closed, the Board prepared a booklet
describing the proposals and distributed it to the public. The
proposals were also published on the Program's website. The public then
had 30 days, until July 27, 2022, to comment on the proposed regulatory
changes. The 10 Councils met again, received public comments, and
formulated their recommendations to the Board on proposals for their
respective regions. Therefore, the public received extensive
opportunity to review and comment on all changes.
The Councils had a substantial role in reviewing the proposed rule
and making recommendations for the final rule. Moreover, a Council
Chair, or a designated representative, presented each Council's
recommendations at the Board's public meeting of January 31-February 3,
2023.
Summary of Board Actions on Proposals and Closure Reviews
The Board's actions on each fisheries proposal and closure review
are listed in table 2 below. When making decisions, the Board may use,
but is not limited to, the following guidelines for consideration of
whether a proposal:
provides a subsistence priority on public lands;
is supported by substantial scientific and traditional
ecological knowledge (TEK) evidence;
recognizes principles of fish and wildlife conservation;
provides opportunity; and
would not be detrimental or place undue burden on rural
Alaskan subsistence users.
Consensus agenda: The consensus agenda is made up of proposals and
closure reviews for which there is agreement among the affected
Councils, a majority of the Interagency Staff Committee members, and
the Alaska Department of Fish and Game (ADF&G) concerning a proposed
regulatory action. Anyone may request that the Board remove a proposal
or a closure review from the consensus agenda and place it on the non-
consensus agenda. Proposals or closure reviews taken off the consensus
agenda follow the Board process for non-consensus items and are
deliberated and voted on individually. Of the 16 fishery proposals and
19 fishery closure reviews, 23 were on the Board's non-consensus
agenda, and 12 were on the consensus agenda. The Board votes en masse
on the consensus agenda after deliberation and action on all other
proposals.
Of the proposals on the consensus agenda, the Board adopted three,
rejected two, and took no action on two. Of the closure reviews on the
consensus agenda, the Board retained the status quo on four and
rescinded one. Analysis and justification for the action taken on each
proposal on the consensus agenda can be found in the Board meeting book
and transcripts. Documents are available for review at the Office of
Subsistence Management (OSM), 1011 East Tudor Road, Mail Stop 121,
Anchorage, AK 99503; at https://www.regulations.gov in Docket No. FWS-
R7-SM-2021-0039; or on the OSM website (https://www.doi.gov/subsistence).
Non-consensus agenda: Of the proposals on the non-consensus agenda,
the Board adopted two, adopted two with modification, rejected four,
and took no action on one. Of the closure reviews on the non-consensus
agenda, the Board rescinded seven, modified two, retained the status
quo on two, deferred one, and took no action on two. Because all Board
actions on non-consensus proposals and closure reviews aligned with
recommendations of the affected Council(s), Board justifications for
these actions can be found by reading the Council recommendation(s) in
the respective proposal analysis and reviewing the Board meeting
transcripts. Documents are available for review at the Office of
[[Page 14749]]
Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage,
AK 99503; at https://www.regulations.gov in Docket No. FWS-R7-SM-2021-
0039; or on the OSM website (https://www.doi.gov/subsistence).
Deferred proposals: Of the four wildlife proposals that were
deferred from the April 12-15, 2022, Board meeting (see 87 FR 44846,
July 26, 2022; Subsistence Management Regulations for Public Lands in
Alaska--2022-23 and 2023-24 Subsistence Taking of Wildlife
Regulations), the Board rejected three Unit 4 deer proposals that were
supported by the affected Council and adopted with modification a wolf
and wolverine trapping proposal that was supported by the affected
Councils for Units 9 and 17.
Nonrural proposal: The Board determined that the Ketchikan nonrural
proposal met the threshold requirements for full analysis. Office of
Subsistence Management staff are preparing a full analysis and holding
public meetings in the affected communities. The Board will make a
final decision at their 2025 fish and shellfish regulatory meeting.
Table 2--Federal Subsistence Board Actions on Proposed Revisions to the Regulations for the Federal Subsistence
Management Program
[C&T = customary and traditional use]
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Federal
Proposal Species or issue Fisheries management area General description Subsistence
Board action
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FP23-01............ All fish other than Yukon-Northern Area...... Rescind the Jim Adopt.
salmon; grayling. River drainage
closure and modify
to allow for the
use of rod and reel
only; establish a
grayling harvest
limit.
FP23-02............ Salmon................... Yukon-Northern Area...... C&T use Adopt.
determination
Chevak, Hooper Bay,
and Scammon Bay.
FP23-05a........... Salmon................... Kodiak Area.............. C&T revision........ Reject.
FP23-05b........... Salmon................... Kodiak Area.............. Revisions to area Reject.
descriptors.
FP23-06a........... Salmon................... Kodiak Area.............. Rescind closure to Adopt.
subsistence salmon
fishing in Women's
Bay Federal marine
waters and modify
to allow use of rod
and reel and match
State sport fishing
limits.
FP23-06b........... Salmon................... Kodiak Area.............. Rescind closure to Adopt with
subsistence salmon modification
fishing in Buskin to allow rod
River Federal and reel and
marine waters and remove
modify to allow use reference to
of rod and reel and season dates
match State sport and harvest
fishing limits. limits shall
be the same as
taking fish
under State of
Alaska sport
fishing
regulations.
FP2307............. Chinook salmon........... Cook Inlet Area.......... Match State sport Reject.
fishing size limits
and gear
restrictions for
Kenai River Chinook
salmon.
FP23-08............ All fish................. Cook Inlet Area.......... C&T for residents of Adopt.
Moose Pass.
FP23-09............ All fish................. Cook Inlet Area.......... C&T for residents of Take no action
Moose Pass. based on
action on FP23-
08.
FP23-12............ All fish................. Cook Inlet Area.......... C&T for residents of Take no action
Moose Pass. based on
action on FP23-
08.
FP23-14............ Salmon................... Prince William Sound Area C&T for residents of Reject.
Richardson Highway.
FP23-15............ Salmon................... Prince William Sound Area C&T for residents of Reject.
Alaska Highway
(from the Canadian
border to Dot Lake).
FP23-16............ Salmon................... Prince William Sound Area C&T for residents of Take no action
Alaska Highway based on
(from the Canadian action on FP23-
border to Dot Lake). 15.
FP23-19............ Salmon................... Prince William Sound Area Rescind lower Copper Reject.
River salmon
fishery.
FP23-20............ All shellfish............ Southeastern Alaska Area. C&T use Adopt.
determination for
shellfish in the
Southeastern and
Yakutat Areas.
FP23-21............ Sockeye salmon........... Southeastern Alaska Area. Close Kah Sheets Adopt as
River and Lake to modified by
the harvest of OSM to close
sockeye salmon Kah Sheets
except by federally Creek to non-
qualified federally
subsistence users. qualified
subsistence
users from
July 1 to July
31.
FCR23-02........... All fish................. Yukon-Northern Area...... Review Kanuti River Adopted and
closure to modified
subsistence fishing closure to non-
upstream from a salmon species
point 5 miles only.
downstream of the
State highway
crossing.
FCR23-03........... All fish................. Yukon-Northern Area...... Review closure to Adopted and
subsistence fishing modified
in the Bonanza closure by
Creek drainage. rescinding to
non-salmon
species only.
FCR23-05........... All fish................. Yukon-Northern Area...... Review closure to Deferred to
subsistence fishing next fisheries
in the Delta River. regulatory
meeting.
FCR21-08........... Salmon................... Aleutian Islands Area.... Review closure to Retain status
subsistence salmon quo.
fishing in the
waters of Unalaska
Lake, its
tributaries and
outlet streams.
FCR21-09........... Salmon................... Aleutian Islands Area.... Review closure to Retain status
subsistence salmon quo.
fishing in the
waters of Summers
and Morris Lakes
and their
tributaries and
outlet streams.
FCR21-11........... Salmon................... Aleutian Islands Area.... Review closure to Retain status
subsistence salmon quo.
fishing in the
waters of McLees
Lake and its
tributaries and
outlet streams.
FCR23-11........... Salmon................... Aleutian Islands Area.... Review closure to Retain status
subsistence salmon quo.
fishing in all
streams supporting
anadromous fish
runs that flow into
Unalaska Bay south
of a line from the
northern tip of
Cape Cheerful to
the northern tip of
Kalekta Point.
FCR23-12........... Salmon................... Aleutian Islands Area.... Review closure to Rescind.
subsistence salmon
fishing in all
Federal freshwaters
on Adak and
Kagalaska Islands
in the Adak
District.
[[Page 14750]]
FCR21-13........... Salmon................... Alaska Peninsula Area.... Review closure to Rescind.
subsistence salmon
fishing in the
waters of Russel
Creek and Nurse
Lagoon and within
500 yards outside
of the mouth of
Nurse Lagoon.
FCR23-13........... Salmon................... Alaska Peninsula Area.... Review closure to Rescind.
subsistence salmon
fishing in Trout
Creek and within
500 yards outside
its mouth.
FCR23-15........... Salmon................... Kodiak Area.............. Review closure to Take no action
subsistence salmon based on FP23-
fishing in Women's 06a.
Bay Federal marine
waters.
FCR21-16........... Salmon................... Kodiak Area.............. Review closure to Take no action
subsistence salmon based on FP23-
fishing in Buskin 06b.
River Federal
marine waters.
FCR21-18........... Salmon................... Kodiak Area.............. Review closure to Rescind.
subsistence salmon
fishing in all
waters of Afognak
Bay north and west
of a line from the
tip of Last Point
to the tip of River
Mouth Point.
FCR21-19........... Salmon................... Kodiak Area.............. Review closure to Rescind.
subsistence salmon
fishing in all
freshwater systems
of Afognak Island.
FCR23-19........... Salmon................... Kodiak Area.............. Review closure to Rescind.
subsistence salmon
fishing in all
Selief Bay Creek
waters closed to
commercial salmon
fishing within 100
yards of the
terminus of the
creek.
FRC23-21........... King crab................ Kodiak Area.............. Review closure to Retain status
king crab fishing quo.
by non-federally
qualified users in
all Federal marine
waters around
Kodiak and Afognak
Islands.
FCR23-22........... Salmon................... Kodiak Area.............. Review closure to Rescind.
subsistence salmon
fishing in waters
500 yards seaward
of the mouth of
Little Kitoi Creek.
FCR23-23........... Salmon................... Southeastern Alaska Area. Review closure to Rescind.
subsistence salmon
fishing in the Taku
River.
FCR23-24........... Sockeye salmon........... Southeastern Alaska Area. Review closure to Retain status
subsistence salmon quo.
fishing in Neva
Lake, Neva Creek,
and South Creek.
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The final regulations in this document reflect Board review and
consideration of Regional Advisory Council recommendations, Tribal and
Alaska Native corporation consultations, and public and ADF&G comments.
The proposals indicated above in table 2 as ``adopted'' are reflected
in the rule portion of this document as revisions to the Program
regulations. Because this rule concerns public lands managed by a
bureau or bureaus in both the Departments of Agriculture and the
Interior, identical text will be incorporated into 36 CFR part 242 and
50 CFR part 100.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements, including publishing a proposed rule in the Federal
Register, participation in multiple Council meetings, additional public
review and comment on all proposals for regulatory change, and
opportunity for additional public comment during the Board meeting
prior to deliberation. Additionally, an administrative mechanism exists
(and has been used by the public) to request reconsideration of the
Board's decision on any proposal for regulatory change (36 CFR 242.20
and 50 CFR 100.20). Therefore, the Board believes that sufficient
public notice and opportunity for involvement have been given to
affected persons regarding Board decisions.
In the more than 30 years that the Program has been operating, no
benefit to the public has been demonstrated by delaying the effective
date of the subsistence regulations. A lapse in regulatory control
could affect the continued viability of fish or wildlife populations
and future subsistence opportunities for rural Alaskans and would
generally fail to serve the overall public interest. Therefore, the
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule
effective upon the date set forth in DATES to ensure continued
operation of the Subsistence Management Program.
National Environmental Policy Act Compliance
A draft environmental impact statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The final
environmental impact statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section
[[Page 14751]]
810 analysis determination appeared in the April 6, 1992, ROD and
concluded that the Program, under Alternative IV with an annual process
for setting subsistence regulations, may have some local impacts on
subsistence uses, but will not likely restrict subsistence uses
significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of this
rule was conducted in accordance with section 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA section 810(a).
Paperwork Reduction Act of 1995 (PRA)
This rule does not contain any new collections of information that
require Office of Management and Budget (OMB) approval under the PRA
(44 U.S.C. 3501 et seq.). OMB has reviewed and approved the collections
of information associated with the subsistence regulations at 36 CFR
part 242 and 50 CFR part 100 and assigned OMB Control Number 1018-0075.
We may not conduct or sponsor and you are not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
Regulatory Planning and Review (Executive Orders 12866, 13563, and
14094)
Executive Order 14094 reaffirms the principles of E.O. 12866 and
E.O. 13563 and states that regulatory analysis should facilitate agency
efforts to develop regulations that serve the public interest, advance
statutory objectives, and are consistent with E.O. 12866, E.O. 13563,
and the Presidential Memorandum of January 20, 2021 (Modernizing
Regulatory Review). Regulatory analysis, as practicable and
appropriate, shall recognize distributive impacts and equity, to the
extent permitted by law. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this final rule in a manner consistent with
these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides
that the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB) will review all significant
rules. OIRA has determined that this rule is not significant.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this rule are already
being harvested and consumed by the local harvester and do not result
in an additional dollar benefit to the economy. However, we estimate
that two million pounds of meat are harvested by subsistence users
annually and, if given an estimated dollar value of $3.00 per pound,
this amount would equate to about $6 million in food value Statewide.
Based upon the amounts and values cited above, the Departments certify
that this rulemaking will not have a significant economic effect on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act.
Congressional Review Act
Under the Congressional Review Act (5 U.S.C. 804(2)), this rule is
not a major rule. It does not have an effect on the economy of $100
million or more, will not cause a major increase in costs or prices for
consumers, and does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of the Program is
limited by definition to certain public lands. Accordingly, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule is by Federal agencies, and there is no
cost imposed on any State or local entities or Tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. Title VIII of ANILCA precludes the
State from exercising subsistence management authority over fish and
wildlife resources on Federal lands unless it meets certain
requirements.
Executive Order 13175
Title VIII of ANILCA, does not provide specific rights to Tribes
for the subsistence taking of wildlife, fish, and shellfish. However,
the Board provided Federally recognized Tribes and Alaska Native
corporations opportunities to consult on this rule. Consultation with
Alaska Native corporations are based on Public Law 108-199, div. H,
Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Public Law 108-
447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which
provides that: ``The Director of the Office of Management and Budget
and all Federal agencies shall hereafter consult with Alaska Native
corporations on the same basis as Indian Tribes under Executive Order
No. 13175.''
The Secretaries, through the Board, provided a variety of
opportunities for consultation: commenting on proposed changes to the
existing rule; engaging in dialogue at the Council meetings; engaging
in dialogue at the Board's meetings; and providing input in person, by
mail, email, or phone at any time during the rulemaking process.
On January 31, 2023, the Board provided federally recognized Tribes
and Alaska Native Corporations a specific opportunity to consult on
this rule prior to the start of its public regulatory meeting.
Federally recognized Tribes and Alaska Native Corporations were
notified by mail and telephone and were given the opportunity to attend
via teleconference.
Executive Order 13211
This Executive order requires agencies to prepare statements of
energy effects when undertaking certain actions. However, this rule is
not a significant regulatory action under E.O. 13211, affecting energy
supply, distribution, or use, and no statement of energy effects is
required.
Drafting Information
Justin Koller drafted these regulations under the guidance of Amee
Howard of the Office of Subsistence Management, Alaska Regional Office,
U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional
assistance was provided by
[[Page 14752]]
Paul McKee, Alaska State Office, Bureau of Land
Management;
Eva Patton, Alaska Regional Office, National Park Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Jill Klein, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Gregory Risdahl, Alaska Regional Office, USDA Forest
Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board amends title 36, part 242, and title 50, part 100, of the Code of
Federal Regulations, as set forth below.
PART __--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart C--Board Determinations
0
2. Amend Sec. __.24 in table 2 to paragraph (a)(2) by revising the
entries for ``YUKON-NORTHERN AREA'' and ``COOK INLET AREA'' and
revising table 3 to paragraph (a)(3) to read as follows:
Sec. __.24
(a) * * *
(2) * * *
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
* * * * * * *
YUKON-NORTHERN AREA:
Yukon River drainage...... Salmon........... Residents of the
Yukon River drainage
and the communities
of Chevak, Hooper
Bay, Scammon Bay,
and Stebbins.
Yukon River drainage...... Freshwater fish Residents of the
(other than Yukon-Northern Area.
salmon).
Remainder of the Yukon- All fish......... Residents of the
Northern Area. Yukon-Northern Area,
excluding the
residents of the
Yukon River drainage
and excluding those
domiciled in Unit
26B.
Tanana River drainage Freshwater fish Residents of the
contained within the (other than Yukon-Northern Area
Tetlin National Wildlife salmon). and residents of
Refuge and the Wrangell- Chistochina,
St. Elias National Park Mentasta Lake,
and Preserve. Slana, and all
residents living
between Mentasta
Lake and
Chistochina.
* * * * * * *
COOK INLET AREA:
Kenai Peninsula District-- All fish......... Residents of the
Waters north of and communities of
including the Kenai River Cooper Landing,
drainage within the Kenai Hope, Moose Pass,
National Wildlife Refuge and Ninilchik.
and the Chugach National
Forest.
Waters within the Kasilof All fish......... Residents of the
River drainage within the community of
Kenai National Wildlife Ninilchik.
Refuge.
Waters within Lake Clark Salmon........... Residents of the
National Park draining Tuxedni Bay Area.
into and including that
portion of Tuxedni Bay
within the park.
Cook Inlet Area........... Fish other than Residents of the Cook
salmon, Dolly Inlet Area.
Varden, trout,
char, grayling,
and burbot.
Remainder of the Cook Salmon, Dolly All rural residents.
Inlet Area. Varden, trout,
char, grayling,
and burbot.
* * * * * * *
------------------------------------------------------------------------
(3) * * *
Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
Bering Sea Area............... All shellfish.... Residents of the
Bering Sea Area.
Alaska Peninsula-Aleutian Shrimp; Dungeness Residents of the
Islands Area. and Tanner crab. Alaska Peninsula-
Aleutian Islands
Area.
Kodiak Area................... Shrimp; Dungeness Residents of the
and Tanner crab. Kodiak Area.
[[Page 14753]]
Kodiak Area, except for King crab........ Residents of the
the Semidi Island, the Kodiak Island
North Mainland, and the Borough, except
South Mainland Sections. those residents on
the Kodiak Coast
Guard base.
Cook Inlet Area:
Federal waters in the Shellfish........ Residents of Tuxedni
Tuxedni Bay Area within Bay, Chisik Island,
the boundaries of Lake and Tyonek.
Clark National Park.
Prince William Sound Area..... Shrimp; clams; Residents of the
Dungeness, king, Prince William Sound
and Tanner crab. Area.
Southeastern Alaska--Yakutat All shellfish.... Residents of
Area. Southeastern Alaska
and Yakutat Fishery
Management Areas.
------------------------------------------------------------------------
Subpart D--Subsistence Taking of Fish and Wildlife
0
3. Amend Sec. __.26 by revising paragraphs (n)(9) and (17) to read as
follows:
Sec. __.26 Subsistence taking of wildlife.
* * * * *
(n) * * *
(9) Unit 9.
(i) Unit 9 consists of the Alaska Peninsula and adjacent islands,
including drainages east of False Pass, Pacific Ocean drainages west of
and excluding the Redoubt Creek drainage; drainages into the south side
of Bristol Bay, drainages into the north side of Bristol Bay east of
Etolin Point, and including the Sanak and Shumagin Islands:
(A) Unit 9A consists of that portion of Unit 9 draining into
Shelikof Strait and Cook Inlet between the southern boundary of Unit 16
(Redoubt Creek) and the northern boundary of Katmai National Park and
Preserve.
(B) Unit 9B consists of the Kvichak River drainage except those
lands drained by the Kvichak River/Bay between the Alagnak River
drainage and the Naknek River drainage.
(C) Unit 9C consists of the Alagnak (Branch) River drainage, the
Naknek River drainage, lands drained by the Kvichak River/Bay between
the Alagnak River drainage and the Naknek River drainage, and all land
and water within Katmai National Park and Preserve.
(D) Unit 9D consists of all Alaska Peninsula drainages west of a
line from the southernmost head of Port Moller to the head of American
Bay, including the Shumagin Islands and other islands of Unit 9 west of
the Shumagin Islands.
(E) Unit 9E consists of the remainder of Unit 9.
(ii) In the following areas, the taking of wildlife for subsistence
uses is prohibited or restricted on public lands:
(A) You may not take wildlife for subsistence uses in Katmai
National Park; and
(B) You may not use motorized vehicles, except aircraft, boats, or
snowmobiles used for hunting and transporting a hunter or harvested
animal parts from Aug. 1 through Nov. 30 in the Naknek Controlled Use
Area, which includes all of Unit 9C within the Naknek River drainage
upstream from and including the King Salmon Creek drainage; however,
you may use a motorized vehicle on the Naknek-King Salmon, Lake Camp,
and Rapids Camp roads and on the King Salmon Creek trail, and on frozen
surfaces of the Naknek River and Big Creek.
(iii) Unit-specific regulations:
(A) If you have a trapping license, you may use a firearm to take
beaver in Unit 9B from April 1 through May 31 and in the remainder of
Unit 9 from April 1 through 30.
(B) You may hunt brown bear by State registration permit in lieu of
a resident tag in Unit 9B, except that portion within the Lake Clark
National Park and Preserve, if you have obtained a State registration
permit prior to hunting.
(C) In Unit 9B, Lake Clark National Park and Preserve, residents of
Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and that
portion of the park resident zone in Unit 9B and 13.440 permit holders
may hunt brown bear by Federal registration permit in lieu of a
resident tag. The season will be closed when 4 females or 10 bears have
been taken, whichever occurs first. The permits will be issued and
closure announcements made by the Superintendent Lake Clark National
Park and Preserve.
(D) Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port
Alsworth may take up to a total of 10 bull moose in Unit 9B for
ceremonial purposes, under the terms of a Federal registration permit
from July 1 through June 30. Permits will be issued to individuals only
at the request of a local organization. This 10-moose limit is not
cumulative with that permitted for potlatches by the State.
(E) For Units 9C and 9E only, a federally qualified subsistence
user (recipient) of Units 9C and 9E may designate another federally
qualified subsistence user of Units 9C and 9E to take bull caribou on
his or her behalf. The designated hunter must obtain a designated
hunter permit and must return a completed harvest report and turn over
all meat to the recipient. There is no restriction on the number of
possession limits the designated hunter may have in his/her possession
at any one time.
(F) For Unit 9D, a federally qualified subsistence user (recipient)
may designate another federally qualified subsistence user to take
caribou on his or her behalf. The designated hunter must obtain a
designated hunter permit and must return a completed harvest report.
The designated hunter may hunt for any number of recipients but may
have no more than four harvest limits in his/her possession at any one
time.
(G) The communities of False Pass, King Cove, Cold Bay, Sand Point,
and Nelson Lagoon annually may each take, from October 1 through
December 31 or May 10 through 25, one brown bear for ceremonial
purposes, under the terms of a Federal registration permit. A permit
will be issued to an individual only at the request of a local
organization. The brown bear may be taken from either Unit 9D or Unit
10 (Unimak Island) only.
(H) You may hunt brown bear in Unit 9E with a Federal registration
permit in lieu of a State locking tag if you have obtained a Federal
registration permit prior to hunting.
(I) In Units 9B and 9C, a snowmachine may be used to approach and
pursue a wolf or wolverine provided the snowmachine does not contact a
live animal.
[[Page 14754]]
Table 9 to Paragraph (n)(9)
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting
------------------------------------------------------------------------
Black Bear: 3 bears............................. July 1-June 30.
Brown Bear:
Unit 9B, Lake Clark National Park and July 1-June 30.
Preserve--Rural residents of Iliamna,
Newhalen, Nondalton, Pedro Bay, Port
Alsworth, residents of that portion of the
park resident zone in Unit 9B; and 13.440
permit holders--1 bear by Federal
registration permit only.
The season will be closed by the Lake Clark
National Park and Preserve Superintendent
when 4 females or 10 bear have been taken,
whichever occurs first.
Unit 9B, remainder--1 bear by State Sep. 1-May 31.
registration permit only.
Unit 9C--1 bear by Federal registration Oct. 1-May 31.
permit only.
The season will be closed by the Katmai
National Park and Preserve Superintendent
in consultation with BLM and FWS land
managers and ADF&G, when 6 females or 10
bear have been taken, whichever occurs
first.
Unit 9E--1 bear by Federal registration Sep. 25-Dec. 31; Apr.
permit. 15-May 25.
Caribou:
Unit 9A--up to 2 caribou by State Season may be
registration permit. announced between
Aug. 1-Mar. 15.
Unit 9B--up to 2 caribou by State Season may be
registration permit. announced between
Aug. 1-Mar. 31.
Unit 9C, that portion within the Alagnak Season may be
River drainage--up to 2 caribou by State announced between
registration permit. Aug. 1-Mar. 15.
Unit 9C, that portion draining into the Season may be
Naknek River from the north, and Graveyard announced between
Creek and Coffee Creek--up to 2 caribou by Aug. 1-Mar. 15.
State registration permit.
Unit 9C, remainder--1 bull by Federal May be announced.
registration permit or State permit.
Federal public lands are closed to the
taking of caribou except by residents of
Unit 9C and Egegik.
Unit 9D--1-4 caribou by Federal registration Aug. 1-Sep. 30; Nov.
permit only. 15-Mar. 31.
Unit 9E--1 bull by Federal registration May be announced.
permit or State permit. Federal public
lands are closed to the taking of caribou
except by residents of Unit 9E, Nelson
Lagoon, and Sand Point.
Sheep:
Unit 9B, that portion within Lake Clark July 15-Oct. 15; Jan.
National Park and Preserve--1 ram with \3/ 1-Apr. 1.
4\ curl or larger horn by Federal
registration permit only. By announcement
of the Lake Clark National Park and
Preserve Superintendent, the summer/fall
season will be closed when up to 5 sheep
are taken and the winter season will be
closed when up to 2 sheep are taken.
Unit 9B, remainder--1 ram with \7/8\ curl or Aug. 10-Oct. 10.
larger horn by Federal registration permit
only.
Unit 9, remainder--1 ram with \7/8\ curl or Aug. 10-Sep. 20.
larger horn.
Moose:
Unit 9A--1 bull by State registration permit Sep. 1-15.
Unit 9B--1 bull by State registration permit Sep. 1-20; Dec. 1-Jan.
15.
Unit 9C, that portion draining into the Sep. 1-20; Dec. 1-31.
Naknek River from the north--1 bull by
State registration permit.
Unit 9C, that portion draining into the Aug. 20-Sep. 20; Dec.
Naknek River from the south--1 bull by 1-31.
State registration permit. Public lands are
closed during December for the hunting of
moose, except by federally qualified
subsistence users hunting under these
regulations.
Unit 9C, remainder--1 bull by State Sep. 1-20; Dec. 15-
registration permit. Jan. 15.
Unit 9D--1 bull by Federal registration Dec. 15-Jan. 20.
permit. Federal public lands will be closed
by announcement of the Izembek Refuge
Manager to the harvest of moose when a
total of 10 bulls have been harvested
between State and Federal hunts.
Unit 9E--1 bull by State registration Sep. 1-25; Dec. 1-Jan.
permit; however, only antlered bulls may be 31.
taken Dec. 1-Jan. 31.
Beaver: Unit 9B and 9E--2 beaver per day........ Apr. 15-May 31.
Coyote: 2 coyotes............................... Sep. 1-Apr. 30.
Fox, Arctic (Blue and White): No limit.......... Dec. 1-Mar. 15.
Fox, Red (including Cross, Black and Silver Sep. 1-Feb. 15.
Phases): 2 foxes.
Hare:
Snowshoe hare: No limit..................... July 1-June 30.
Alaska hare: 1 per day, 4 per season........ Nov. 1-Mar. 31.
Lynx: 2 lynx.................................... Nov. 10-Feb. 28.
Wolf: 10 wolves................................. Aug. 10-Apr. 30.
Wolverine: 1 wolverine.......................... Sep. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in possession... Aug. 10-Apr. 30.
Ptarmigan (Rock, Willow, and White-tailed): 10 Aug. 10-last day of
per day, 20 in possession. Feb.
------------------------------------------------------------------------
Trapping
------------------------------------------------------------------------
Beaver:
No limit.................................... Oct. 10-Mar. 31.
2 beaver per day; only firearms may be used. Apr. 15-May 31.
Coyote: No limit................................ Nov. 10-Mar. 31.
Fox, Arctic (Blue and White): No limit.......... Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and Silver Nov. 10-Feb. 28.
Phases): No limit.
Lynx: No limit.................................. Nov. 10-Feb. 28.
[[Page 14755]]
Marten: No limit................................ Nov. 10-Feb. 28.
Mink and Weasel: No limit....................... Nov. 10-Feb. 28.
Muskrat: No limit............................... Nov. 10-June 10.
Otter: No limit................................. Nov. 10-Mar. 31.
Wolf: No limit.................................. Nov. 10-Mar. 31.
Wolverine: No limit............................. Nov. 10-Feb. 28.
------------------------------------------------------------------------
* * * * *
(17) Unit 17.
(i) Unit 17 consists of drainages into Bristol Bay and the Bering
Sea between Etolin Point and Cape Newenham, and all islands between
these points including Hagemeister Island and the Walrus Islands:
(A) Unit 17A consists of the drainages between Cape Newenham and
Cape Constantine, and Hagemeister Island and the Walrus Islands;
(B) Unit 17B consists of the Nushagak River drainage upstream from,
and including the Mulchatna River drainage and the Wood River drainage
upstream from the outlet of Lake Beverley; and
(C) Unit 17C consists of the remainder of Unit 17.
(ii) In the following areas, the taking of wildlife for subsistence
uses is prohibited or restricted on public lands:
(A) Except for aircraft and boats and in legal hunting camps, you
may not use any motorized vehicle for hunting ungulates, bear, wolves,
and wolverine, including transportation of hunters and parts of
ungulates, bear, wolves, or wolverine in the Upper Mulchatna Controlled
Use Area consisting of Unit 17B, from Aug. 1 through Nov. 1.
(B) [Reserved]
(iii) Unit-specific regulations:
(A) You may use bait to hunt black bear between April 15 and June
15.
(B) You may hunt brown bear by State registration permit in lieu of
a resident tag if you have obtained a State registration permit prior
to hunting.
(C) If you have a trapping license, you may use a firearm to take
beaver in Unit 17 from April 15 through May 31. You may not take beaver
with a firearm under a trapping license on National Park Service lands.
(D) In Unit 17, a snowmachine may be used to assist in the taking
of a caribou, and caribou may be shot from a stationary snowmachine.
``Assist in the taking of a caribou'' means a snowmachine may be used
to approach within 300 yards of a caribou at speeds under 15 miles per
hour, in a manner that does not involve repeated approaches or that
causes a caribou to run. A snowmachine may not be used to contact an
animal or to pursue a fleeing caribou.
(E) In Unit 17, a snowmachine may be used to approach and pursue a
wolf or wolverine provided the snowmachine does not contact a live
animal.
Table 17 to Paragraph (n)(17)
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting
------------------------------------------------------------------------
Black Bear: 2 bears............................. Aug. 1-May 31.
Brown Bear: Unit 17--1 bear by State Sep. 1-May 31.
registration permit only.
Caribou: Unit 17A, all drainages west of Right Season may be
Hand Point--up to 2 caribou by State announced between
registration permit. Aug. 1-Mar. 31.
Units 17A and 17C, that portion of 17A and Aug. 1-Mar. 31.
17C consisting of the Nushagak Peninsula
south of the Igushik River, Tuklung River
and Tuklung Hills, west to Tvativak Bay--up
to 5 caribou by Federal registration permit.
Public lands are closed to the taking of
caribou except by federally qualified users
unless the population estimate exceeds 900
caribou.
Units 17A, remainder and 17C, remainder-- Season may be
selected drainages; a harvest limit of up announced between
to 2 caribou by State registration permit Aug. 1 and Mar. 31.
will be determined at the time the season
is announced.
Units 17B and 17C, that portion of 17C east Season may be
of the Wood River and Wood River Lakes--up announced between
to 2 caribou by State registration permit. Aug. 1-Mar. 31.
Sheep: 1 ram with full curl or larger horn...... Aug. 10-Sep. 20.
Moose: Unit 17A--1 bull by State registration Aug. 25-Sep. 25.
permit; or.
1 antlerless moose by State registration Aug. 25-Sep. 25.
permit; or.
Unit 17A--up to 2 moose; one antlered bull Up to a 31-day season
by State registration permit, one may be announced
antlerless moose by State registration between Dec. 1 and
permit. the last day of Feb.
Units 17B and 17C--one bull................. Aug. 20-Sep. 15. Dec.
1-31.
During the period Aug. 20-Sep. 15--one bull
by State registration permit; or
During the period Sep. 1-15--one bull with
spike-fork or 50-inch antlers or antlers
with three or more brow tines on at least
one side with a State harvest ticket; or
During the period Dec. 1-31--one antlered
bull by State registration permit.
Coyote: 2 coyotes............................... Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No limit.... Dec. 1-Mar. 15.
Fox, Red (including Cross, Black and Silver Sep. 1-Feb. 15.
Phases): 2 foxes.
Hare:
Snowshoe hare: No limit..................... July 1-June 30.
[[Page 14756]]
Alaska hare: 1 per day, 4 per season........ Nov. 1-Mar. 31.
Lynx: 2 lynx.................................... Nov. 10-Feb. 28.
Wolf: 10 wolves................................. Aug. 10-Apr. 30.
Wolverine: 1 wolverine.......................... Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per day, 30 in Aug. 10-Apr. 30.
possession.
Ptarmigan (Rock and Willow): 20 per day, 40 in Aug. 10-Apr. 30.
possession.
------------------------------------------------------------------------
Trapping
------------------------------------------------------------------------
Beaver: Unit 17--No limit....................... Oct. 10-Mar. 31.
Unit 17--2 beaver per day. Only firearms may Apr. 15-May 31.
be used.
Coyote: No limit................................ Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase): No limit.... Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver Nov. 10-Mar. 31.
Phases): No limit.
Lynx: No limit.................................. Nov. 10-Mar. 31.
Marten: No limit................................ Nov. 10-Feb. 28.
Mink and Weasel: No limit....................... Nov. 10-Feb. 28.
Muskrat: 2 muskrats............................. Nov. 10-Feb. 28.
Otter: No limit................................. Nov. 10-Mar. 31.
Wolf: No limit.................................. Nov. 10-Mar. 31.
Wolverine: No limit............................. Nov. 10-Feb. 28.
------------------------------------------------------------------------
* * * * *
0
4. Amend Sec. __.27 by revising paragraphs (e)(3), (6), (7), (9), and
(13) to read as follows:
Sec. __.27 Subsistence taking of fish.
* * * * *
(e) * * *
(3) Yukon-Northern Area. The Yukon-Northern Area includes all
waters of Alaska between the latitude of Point Romanof and the latitude
of the westernmost point of the Naskonat Peninsula, including those
waters draining into the Bering Sea, and all waters of Alaska north of
the latitude of the westernmost tip of Point Hope and west of 141[deg]
West longitude, including those waters draining into the Arctic Ocean
and the Chukchi Sea.
(i) Unless otherwise restricted in this section, you may take fish
in the Yukon-Northern Area at any time. In those locations where
subsistence fishing permits are required, only one subsistence fishing
permit will be issued to each household per year. You may subsistence
fish for salmon with rod and reel in the Yukon River drainage 24 hours
per day, 7 days per week, unless rod and reel are specifically
otherwise restricted in this paragraph (e)(3).
(ii) For the Yukon River drainage, Federal subsistence fishing
schedules, openings, closings, and fishing methods are the same as
those issued for the subsistence taking of fish under Alaska statutes
(AS 16.05.060), unless superseded by a Federal special action.
(iii) In the following locations, you may take salmon during the
open weekly fishing periods of the State commercial salmon fishing
season and may not take them for 24 hours before the opening of the
State commercial salmon fishing season:
(A) In District 4, excluding the Koyukuk River drainage;
(B) In Subdistricts 4B and 4C from June 15 through September 30,
salmon may be taken from 6 p.m. Sunday until 6 p.m. Tuesday and from 6
p.m. Wednesday until 6 p.m. Friday;
(C) In District 6, excluding the Kantishna River drainage, salmon
may be taken from 6 p.m. Friday until 6 p.m. Wednesday.
(iv) During any State commercial salmon fishing season closure of
greater than 5 days in duration, you may not take salmon during the
following periods in the following districts:
(A) In District 4, excluding the Koyukuk River drainage, salmon may
not be taken from 6 p.m. Friday until 6 p.m. Sunday;
(B) In District 5, excluding the Tozitna River drainage and
Subdistrict 5D, salmon may not be taken from 6 p.m. Sunday until 6 p.m.
Tuesday.
(v) Except as provided in this section, and except as may be
provided by the terms of a subsistence fishing permit, you may take
fish other than salmon at any time.
(vi) In Districts 1, 2, 3, and Subdistrict 4A, excluding the
Koyukuk and Innoko River drainages, you may not take salmon for
subsistence purposes during the 24 hours immediately before the opening
of the State commercial salmon fishing season.
(vii) In Districts 1, 2, and 3:
(A) After the opening of the State commercial salmon fishing season
through July 15, you may not take salmon for subsistence for 18 hours
immediately before, during, and for 12 hours after each State
commercial salmon fishing period;
(B) After July 15, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each State
commercial salmon fishing period.
(viii) In Subdistrict 4A after the opening of the State commercial
salmon fishing season, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each State
commercial salmon fishing period; however, you may take Chinook salmon
during the State commercial fishing season, with drift gillnet gear
only, from 6 p.m. Sunday until 6 p.m. Tuesday and from 6 p.m. Wednesday
until 6 p.m. Friday.
(ix) You may not subsistence fish for salmon in the following
drainages located north of the main Yukon River:
(A) Kanuti River upstream from a point 5 miles downstream of the
State highway crossing;
(B) Bonanza Creek;
(C) Jim River including Prospect and Douglas Creeks.
(x) You may not subsistence fish in the Delta River.
(xi) In Beaver Creek downstream from the confluence of Moose Creek,
a gillnet with mesh size not to exceed 3 inches stretch-measure may be
used from June 15 through September 15. You may subsistence fish for
all non-salmon species but may not target salmon during this time
period (retention of salmon taken incidentally to non-salmon directed
fisheries is allowed). From the mouth of Nome Creek downstream to the
confluence of Moose Creek, only rod and reel may be used.
[[Page 14757]]
From the mouth of Nome Creek downstream to the confluence of O'Brien
Creek, the daily harvest and possession limit is 5 grayling; from the
mouth of O'Brien Creek downstream to the confluence of Moose Creek, the
daily harvest and possession limit is 10 grayling. The Nome Creek
drainage of Beaver Creek is closed to subsistence fishing for grayling.
(xii) You may take salmon only by gillnet, beach seine, dip net,
fish wheel, or rod and reel, subject to the restrictions set forth in
this section.
(A) In the Yukon River drainage, you may not take salmon for
subsistence fishing using gillnets with stretched mesh larger than 7.5
inches.
(B) In Subdistrict 5D, you may take salmon once the mid-range of
the Canadian interim management escapement goal and the total allowable
catch goal are projected to be achieved.
(C) Salmon may be harvested by dip net at any time, except during
times of conservation when the Federal in-season manager may announce
restrictions on time, areas, and species.
(xiii) In District 4, if you are a commercial fisherman, you may
not take salmon for subsistence purposes during the State commercial
salmon fishing season using gillnets with stretched-mesh larger than 6
inches after a date specified by ADF&G emergency order issued between
July 10 and July 31.
(xiv) In Districts 5 and 6, you may not take salmon for subsistence
purposes by drift gillnets.
(xv) In District 4, salmon may be taken by drift gillnet not more
than 150 feet in length unless restricted by special action or as
modified by regulations in this section.
(xvi) Unless otherwise specified in this section, you may take fish
other than salmon by set gillnet, drift gillnet, beach seine, fish
wheel, long line, fyke net, dip net, jigging gear, spear, lead, or rod
and reel, subject to the following restrictions, which also apply to
subsistence salmon fishing:
(A) During the open weekly fishing periods of the State commercial
salmon fishing season, if you are a commercial fisherman, you may not
operate more than one type of gear at a time, for commercial, personal
use, and subsistence purposes.
(B) You may not use an aggregate length of set gillnet in excess of
150 fathoms, and each drift gillnet may not exceed 50 fathoms in
length.
(C) In Districts 4, 5, and 6, you may not set subsistence fishing
gear within 200 feet of other fishing gear operating for commercial,
personal, or subsistence use except that, at the site approximately 1
mile upstream from Ruby on the south bank of the Yukon River between
ADF&G regulatory markers containing the area known locally as the
``Slide,'' you may set subsistence fishing gear within 200 feet of
other operating commercial or subsistence fishing gear, and in District
4, from Old Paradise Village upstream to a point 4 miles upstream from
Anvik, there is no minimum distance requirement between fish wheels.
(D) During the State commercial salmon fishing season, within the
Yukon River and the Tanana River below the confluence of the Wood
River, you may use drift gillnets and fish wheels only during open
subsistence salmon fishing periods.
(E) In Birch Creek, gillnet mesh size may not exceed 3 inches
stretch-measure from June 15 through September 15.
(F) In Racetrack Slough on the Koyukuk River and in the sloughs of
the Huslia River drainage, from when each river is free of ice through
June 15, the offshore end of the set gillnet may not be closer than 20
feet from the opposite bank except that sloughs 40 feet or less in
width may have 3/4-width coverage with set gillnet, unless closed by
Federal special action.
(G) In the Jim River drainage, including Prospect and Douglas
Creeks, you may harvest fish other than salmon with rod and reel only;
the grayling harvest and possession limit is 10 per day.
(xvii) In District 4, from September 21 through May 15, you may use
jigging gear from shore ice.
(xviii) You must possess a subsistence fishing permit for the
following locations:
(A) For the Yukon River drainage from the mouth of Hess Creek to
the mouth of the Dall River;
(B) For the Yukon River drainage from the upstream mouth of 22 Mile
Slough to the U.S.-Canada border;
(C) Only for salmon in the Tanana River drainage above the mouth of
the Wood River.
(xix) Only one subsistence fishing permit will be issued to each
household per year.
(xx) In Districts 1, 2, and 3, from June 1 through July 15, if
ADF&G has announced that Chinook salmon can be sold in the commercial
fisheries, you may not possess Chinook salmon taken for subsistence
purposes unless both tips (lobes) of the tail fin have been removed
before the person conceals the salmon from plain view or transfers the
salmon from the fishing site.
(xxi) In the Yukon River drainage, Chinook salmon must be used
primarily for human consumption and may not be targeted for dog food.
Dried Chinook salmon may not be used for dog food anywhere in the Yukon
River drainage. Whole fish unfit for human consumption (due to disease,
deterioration, and deformities), scraps, and small fish (16 inches or
less) may be fed to dogs. Also, whole Chinook salmon caught
incidentally during a subsistence chum salmon fishery in the following
time periods and locations may be fed to dogs:
(A) After July 10 in the Koyukuk River drainage;
(B) After August 10, in Subdistrict 5D, upstream of Circle City.
* * * * *
(6) Aleutian Islands Area. The Aleutian Islands Area includes all
waters of Alaska west of the longitude of the tip of Cape Sarichef,
east of 172[deg] East longitude, and south of 54[deg]36' North
latitude.
(i) You may take fish other than salmon, rainbow/steelhead trout,
or char at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(ii) In the Unalaska District, you may take salmon for subsistence
purposes from 6 a.m. until 9 p.m. from January 1 through December 31,
except as may be specified on a subsistence fishing permit.
(iii) In the Adak, Akutan, Atka-Amlia, and Umnak Districts, you may
take salmon at any time.
(iv) You may not subsistence fish for salmon in the following
waters:
(A) The waters of Unalaska Lake, its tributaries and outlet stream;
(B) The waters of Summers and Morris Lakes and their tributaries
and outlet streams;
(C) All streams supporting anadromous fish runs that flow into
Unalaska Bay south of a line from the northern tip of Cape Cheerful to
the northern tip of Kalekta Point; and
(D) Waters of McLees Lake and its tributaries and outlet stream.
(v) You may take salmon by seine and gillnet, or with gear
specified on a subsistence fishing permit.
(vi) In the Unalaska District, if you fish with a net, you must be
physically present at the net at all times when the net is being used.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take salmon, trout, and char only under the terms of
a
[[Page 14758]]
subsistence fishing permit, except that you do not need a permit in the
Akutan, Umnak, and Atka-Amlia Islands Districts.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit, except
that in the Unalaska and Adak Districts, you may take no more than 25
salmon plus an additional 25 salmon for each member of your household
listed on the permit. You may obtain an additional permit.
(x) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(7) Alaska Peninsula Area. The Alaska Peninsula Area includes all
waters of Alaska on the north side of the Alaska peninsula southwest of
a line from Cape Menshikof (57[deg]28.34' North latitude,
157[deg]55.84' West longitude) to Cape Newenham (58[deg]39.00' North
latitude, 162[deg] West longitude) and east of the longitude of Cape
Sarichef Light (164[deg]55.70' West longitude) and on the south side of
the Alaska Peninsula from a line extending from Scotch Cape through the
easternmost tip of Ugamak Island to a line extending 135[deg] southeast
from Kupreanof Point (55[deg]33.98' North latitude, 159[deg]35.88' West
longitude).
(i) You may take fish, other than salmon, rainbow/steelhead trout,
or char, at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries or through the ice, you may retain them
for subsistence purposes.
(ii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit.
(iii) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(iv) You may take salmon at any time, except in those districts and
sections open to commercial salmon fishing where salmon may not be
taken during the 24 hours before and 12 hours following each State open
weekly commercial salmon fishing period, or as may be specified on a
subsistence fishing permit.
(v) You may take salmon by seine, gillnet, rod and reel, or with
gear specified on a subsistence fishing permit. You may also take
salmon without a permit by snagging (by handline or rod and reel),
using a spear, bow and arrow, or capturing by bare hand.
(vi) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(vii) You may not use a set gillnet exceeding 100 fathoms in
length.
(viii) You may take no more than 250 salmon for subsistence
purposes unless otherwise specified on your subsistence fishing permit.
* * * * *
(9) Kodiak Area. The Kodiak Area includes all waters of Alaska
south of a line extending east from Cape Douglas (58[deg]51.10' North
latitude), west of 150[deg] West longitude, north of 55[deg]30.00'
North latitude, and north and east of a line extending 135[deg]
southeast for 3 miles from a point near Kilokak Rocks at 57[deg]10.34'
North latitude, 156[deg]20.22' West longitude (the longitude of the
southern entrance of Imuya Bay), then due south.
(i) You may take fish other than salmon, rainbow/steelhead trout,
char, bottomfish, or herring at any time unless restricted by the terms
of a subsistence fishing permit. If you take rainbow/steelhead trout
incidentally in other subsistence net fisheries, you may retain them
for subsistence purposes.
(ii) You may take salmon for subsistence purposes 24 hours a day
from January 1 through December 31, with the following exceptions:
(A) From June 1 through September 15, you may not use salmon seine
vessels to take subsistence salmon for 24 hours before or during, and
for 24 hours after, any State open commercial salmon fishing period.
The use of skiffs from any type of vessel is allowed.
(B) From June 1 through September 15, you may use purse seine
vessels to take salmon only with gillnets, and you may have no other
type of salmon gear on board the vessel.
(iii) You may subsistence fish for salmon with rod and reel only in
the following locations:
(A) Womens Bay--All waters inside a line from the tip of the Nyman
Peninsula (57[deg]43.23' North latitude, 152[deg]31.51' West
longitude), to the northeastern tip of Mary's Island (57[deg]42.40'
North latitude, 152[deg]32.00' West longitude), to the southeastern
shore of Womens Bay at 57[deg]41.95' North latitude, 152[deg]31.50'
West longitude.
(1) King salmon: bag and possession limit of two fish; no size
limit; no annual limit.
(2) Salmon, other than king salmon, that are:
(i) 20 inches or greater in length; bag and possession limit of
five fish, of which only two may be coho salmon and only two may be
sockeye salmon.
(ii) Less than 20 inches in length; bag and possession limit of 10
fish.
(iii) From September 16 through December 31, the bag and possession
limit for coho salmon, 20 inches or greater in length, is one fish.
(B) Buskin River marine waters--All waters inside of a line running
from a marker on the bluff north of the mouth of the Buskin River at
approximately 57[deg]45.80' North latitude, 152[deg]28.38' West
longitude, to a point offshore at 57[deg]45.35' North latitude,
152[deg]28.15' West longitude, to a marker located onshore south of the
river mouth at approximately 57[deg]45.15' North latitude,
152[deg]28.65' West longitude.
(iv) You must have a subsistence fishing permit for taking salmon,
trout, and char for subsistence purposes. You must have a subsistence
fishing permit for taking herring and bottomfish for subsistence
purposes during the State commercial herring sac roe season from April
15 through June 30.
(v) The annual limit for a subsistence salmon fishing permit holder
is as follows:
(A) In the road-accessible Zone (Northeastern Kodiak Island), east
of the line from Crag Point south to the westernmost point of Saltery
Cove, including the inland waters of Spruce, Woody and Long Islands,
and the Federal marine waters of and around Womens Bay, 25 salmon for
the permit holder plus an additional 25 salmon for each member of the
same household whose names are listed on the permit: an additional
permit may be obtained upon request.
(B) In the remainder of the Kodiak Area not described in paragraphs
(e)(9)(iii)(A) and (e)(9)(v)(A) of this section, there is no annual
harvest limit for a subsistence salmon fishing permit holder.
(vi) You must record on your subsistence permit the number of
subsistence fish taken. You must record all harvested fish prior to
leaving the fishing site and must return the permit by the due date
marked on the permit.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take salmon only by gillnet, rod and reel, or seine.
(ix) You must be physically present at the net when the net is
being fished.
* * * * *
(13) Southeastern Alaska Area. The Southeastern Alaska Area
includes all waters between a line projecting southwest from the
westernmost tip of Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or under the terms of a
subsistence fishing
[[Page 14759]]
permit, you may take fish other than salmon, trout, grayling, and char
in the Southeastern Alaska Area at any time.
(ii) You must possess a subsistence fishing permit to take salmon,
trout, grayling, or char. You must possess a subsistence fishing permit
to take eulachon from any freshwater stream flowing into fishing
District 1.
(iii) In the Southeastern Alaska Area, a rainbow trout is defined
as a fish of the species Oncorhyncus mykiss less than 22 inches in
overall length. A steelhead is defined as a rainbow trout with an
overall length of 22 inches or larger.
(iv) In areas where use of rod and reel is allowed, you may use an
artificial fly, lure, or bait when fishing with rod and reel, unless
restricted by Federal permit. If you use bait, you must retain all
federally regulated fish species caught, and they apply to your
applicable daily, seasonal, and annual harvest limits for that species.
(A) For streams with steelhead, once your daily, seasonal, or
annual limit of steelhead is harvested, you may no longer fish with
bait for any species.
(B) Unless otherwise specified in this paragraph (e)(13), allowable
gear for salmon or steelhead is restricted to gaffs, spears, gillnets,
seines, dip nets, cast nets, handlines, or rod and reel.
(v) Unless otherwise specified in this paragraph (e)(13), you may
use a handline for snagging salmon or steelhead.
(vi) You may fish with a rod and reel within 300 feet of a fish
ladder unless the site is otherwise posted by the USDA Forest Service.
You may not fish from, on, or in a fish ladder.
(vii) You may not accumulate Federal subsistence harvest limits
authorized for the Southeastern Alaska Area with any harvest limits
authorized under any State of Alaska fishery with the following
exception: Annual or seasonal Federal subsistence harvest limits may be
accumulated with State sport fishing harvest limits provided that
accumulation of harvest limits does not occur during the same day.
(viii) If you take salmon, trout, or char incidentally with gear
operated under terms of a subsistence permit for other salmon, they may
be kept for subsistence purposes. You must report any salmon, trout, or
char taken in this manner on your subsistence fishing permit.
(ix) Nets are prohibited in streams flowing across or adjacent to
the roads on Wrangell and Mitkof Islands, and in streams flowing across
or adjacent to the road systems connected to the community of Sitka.
(x) You may not possess subsistence-taken and sport-taken fish of a
given species on the same day.
(xi) If a harvest limit is not otherwise listed for sockeye in this
paragraph (e)(13), the harvest limit for sockeye salmon is the same as
provided for in adjacent State subsistence or personal use fisheries.
If a harvest limit is not established for the State subsistence or
personal use fisheries, the possession limit is 10 sockeye and the
annual harvest limit is 20 sockeye per household for that stream.
(xii) The Sarkar River system above the bridge is closed to the use
of all nets by both federally qualified and non-federally qualified
users.
(xiii) You may take Chinook, sockeye, and coho salmon in the
mainstem of the Stikine River only under the authority of a Federal
subsistence fishing permit. Each Stikine River permit will be issued to
a household. Only dip nets, spears, gaffs, rod and reel, beach seine,
or gillnets not exceeding 15 fathoms in length may be used. The maximum
gillnet stretched mesh size is 8 inches during the Chinook salmon
season and 5\1/2\ inches during the sockeye salmon season. There is no
maximum mesh size during the coho salmon season.
(A) You may take Chinook salmon from May 15 through June 20. The
annual limit is five Chinook salmon per household.
(B) You may take sockeye salmon from June 21 through July 31. The
annual limit is 40 sockeye salmon per household.
(C) You may take coho salmon from August 1 through October 1. The
annual limit is 20 coho salmon per household.
(D) You may retain other salmon taken incidentally by gear operated
under terms of this permit. The incidentally taken salmon must be
reported on your permit calendar.
(E) Fishing nets must be checked at least twice each day.
(xiv) You may take coho salmon with a Federal salmon fishing
permit. There is no closed season. The daily harvest limit is 20 coho
salmon per household. Only dip nets, spears, gaffs, handlines, and rod
and reel may be used. There are specific rules to harvest any salmon on
the Stikine River, and you must have a separate Stikine River
subsistence salmon fishing permit to take salmon on the Stikine River.
(xv) Unless noted on a Federal subsistence harvest permit, there
are no harvest limits for pink or chum salmon.
(xvi) Unless otherwise specified in this paragraph (e)(13), you may
take steelhead under the terms of a subsistence fishing permit. The
open season is January 1 through May 31. The daily household harvest
and possession limit is one with an annual household limit of two. You
may use only a dip net, gaff, handline, spear, or rod and reel. The
permit conditions and systems to receive special protection will be
determined by the local Federal fisheries manager in consultation with
ADF&G.
(xvii) You may take steelhead trout on Prince of Wales and
Kosciusko Islands under the terms of Federal subsistence fishing
permits. You must obtain a separate permit for the winter and spring
seasons.
(A) The winter season is December 1 through the last day of
February, with a harvest limit of two fish per household; however, only
one steelhead may be harvested by a household from a particular
drainage. You may use only a dip net, handline, spear, or rod and reel.
You must return your winter season permit within 15 days of the close
of the season and before receiving another permit for a Prince of
Wales/Kosciusko steelhead subsistence fishery. The permit conditions
and systems to receive special protection will be determined by the
local Federal fisheries manager in consultation with ADF&G.
(B) The spring season is March 1 through May 31, with a harvest
limit of five fish per household; however, only two steelhead may be
harvested by a household from a particular drainage. You may use only a
dip net, handline, spear, or rod and reel. You must return your spring
season permit within 15 days of the close of the season and before
receiving another permit for a Prince of Wales/Kosciusko steelhead
subsistence fishery. The permit conditions and systems to receive
special protection will be determined by the local Federal fisheries
manager in consultation with ADF&G.
(xviii) In addition to the requirement for a Federal subsistence
fishing permit, the following restrictions for the harvest of Dolly
Varden, brook trout, grayling, cutthroat trout, and rainbow trout
apply:
(A) The daily household harvest and possession limit is 20 Dolly
Varden; there is no closed season or size limit.
(B) The daily household harvest and possession limit is 20 brook
trout; there is no closed season or size limit.
(C) The daily household harvest and possession limit is 20
grayling; there is no closed season or size limit.
(D) The daily household harvest limit is 6 and the household
possession limit is 12 cutthroat or rainbow trout in combination; there
is no closed season or size limit.
(E) You may use only a rod and reel.
[[Page 14760]]
(F) The permit conditions and systems to receive special protection
will be determined by the local Federal fisheries manager in
consultation with ADF&G.
(xix) The Klawock River drainage is closed to the use of seines and
gillnets during July and August.
(xx) The Federal public waters in the Makhnati Island area, as
defined in Sec. __.3(b)(5) are closed to the harvest of herring and
herring spawn, except by federally qualified users.
(xxi) Only federally qualified subsistence users may harvest
sockeye salmon in Neva Lake, Neva Creek, and South Creek.
(xxii) The Federal public waters of Kah Sheets Creek are closed
from July 1 to July 31, except by federally qualified users.
Amee Howard,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2024-04056 Filed 2-28-24; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P
