[Federal Register: December 27, 2007 (Volume 72, Number 247)] [Rules and Regulations] [Page 73425-73482] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27de07-13] [[Page 73425]] ----------------------------------------------------------------------- Part II Department of Agriculture ----------------------------------------------------------------------- Forest Service ----------------------------------------------------------------------- 36 CFR Part 242 ----------------------------------------------------------------------- Department of the Interior ----------------------------------------------------------------------- Fish and Wildlife Service ----------------------------------------------------------------------- 50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D--2007-08 Subsistence Taking of Wildlife Regulations; 2007-08 Subsistence Taking of Fish on the Kenai Peninsula Regulations; Final Rule [[Page 73426]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 RIN 1018-AU15 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D--2007-08 Subsistence Taking of Wildlife Regulations; 2007-08 Subsistence Taking of Fish on the Kenai Peninsula Regulations AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2007-08 regulatory year. The rulemaking is necessary because the regulations governing the subsistence harvest of wildlife in Alaska are subject to an annual public review cycle. This rulemaking replaces the wildlife regulations that expired on June 30, 2007. This rule also amends the regulations that establish which Alaska residents are eligible to take specific species for subsistence uses. In addition, this rule revises the regulations for fishing seasons, harvest limits, methods and means related to taking of fish on the Kenai Peninsula for subsistence uses during the 2007-08 regulatory year. This rule also amends the customary and traditional use determinations of the Federal Subsistence Board. DATES: This rule is effective December 27, 2007. Compliance with Sec. ----.24(a)(1) was required as of July 1, 2007; compliance with Sec. -- --.24(a)(2) was required as of April 1, 2007; compliance with Sec. -- --.25 was required as of July 1, 2007; compliance with Sec. ----.26 is required from July 1, 2007, through June 30, 2008; and compliance with Sec. ----.27(i)(10) is required from June 11, 2007, through March 31, 2008. ADDRESSES: The Board meeting transcripts are available for review at the Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, AK, or on the Office of Subsistence Management Web site (http://alaska.fws.gov/asm/home.html). FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of Subsistence Management; (907) 786-3888. For questions specific to National Forest System lands, contact Steve Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 786-3888. SUPPLEMENTARY INFORMATION: Background In Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that ``the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses * * *'' and that ``continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened * * *''. As a result, Title VIII requires, among other things, that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a joint program to grant a preference for subsistence uses of fish and wildlife resources on Federal public lands and waters in Alaska, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, preference, and participation specified in Sections 803, 804, and 805 of ANILCA. The State implemented a program that the Department of the Interior previously found to be consistent with ANILCA. However, in December 1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska that the rural preference in the State subsistence statute violated the Alaska Constitution. The Court's ruling in McDowell required the State to delete the rural preference from its subsistence statute and, therefore, negated State compliance with ANILCA. The Court stayed the effect of the decision until July 1, 1990. As a result of the McDowell decision, on July 1, 1990, the Department of the Interior and the Department of Agriculture (Departments) assumed responsibility for implementation of Title VIII of ANILCA on public lands and waters. In anticipation of carrying out this responsibility, the Departments published temporary subsistence management regulations for public lands in Alaska in the Federal Register on June 29, 1990 (55 FR 27114). Because the State was unable to create a program in compliance with Title VIII, the Departments published final regulations in the Federal Register in 1992 (57 FR 22940, May 29, 1992). As a result of this joint process between Interior and Agriculture, these regulations can be found 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. The regulations contain subparts as follows: Subpart A, General Provisions; subpart B, Program Structure; subpart C, Board Determinations; and subpart D, Subsistence Taking of Fish and Wildlife. Consistent with subparts A, B, and C of these regulations, as revised December 27, 2005 (70 FR 76400), the Departments established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board's composition includes 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; The Alaska Regional Director, U.S. National Park Service; The Alaska State Director, U.S. Bureau of Land Management; The Alaska Regional Director, U.S. Bureau of Indian Affairs; and The Alaska Regional Forester, U.S. Forest Service. Through the Board, these agencies participate in the development of regulations for subparts A, B, and C, which set forth the program, and the subpart D regulations, which are revised annually. Federal Subsistence Regional Advisory Councils The Federal subsistence management regulations divide Alaska into 10 subsistence resource regions, each of which is represented by a Federal Subsistence Regional Advisory Council (Regional Council) (36 CFR 242.11 and 50 CFR 100.11). The Regional Councils provide a forum for rural residents, who have personal knowledge of local conditions and resource requirements, to have a meaningful role in the subsistence management of fish and wildlife on Alaska public lands and waters. The Regional Council members represent varied geographical, cultural, and user diversity within each region. Because the subpart D regulations, which establish seasons and harvest limits and methods and means, are subject to an annual cycle, they require development of an entire new rule each year. Customary and traditional use determinations (subpart C) are subject to an annual review process providing for modification each year. Section ----.24 (i.e., customary and traditional use [[Page 73427]] determinations) was originally published in the Federal Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-established, consistent pattern of use, incorporating beliefs and customs which have been transmitted from generation to generation* * *.'' Since that time, the Board has made a number of customary and traditional use determinations at the request of impacted subsistence users. Those modifications, along with some administrative corrections, were published in the Federal Register as follows: Modifications to Sec. ----.24. ---------------------------------------------------------------------------------------------------------------- Rule made changes to the following provisions of Federal Register citation Date of publication: ----.24: ---------------------------------------------------------------------------------------------------------------- 59 FR 27462.......................... May 27, 1994........... Wildlife and Fish/Shellfish. 59 FR 51855.......................... October 13, 1994....... Wildlife and Fish/Shellfish. 60 FR 10317.......................... February 24, 1995...... Wildlife and Fish/Shellfish. 61 FR 39698.......................... July 30, 1996.......... Wildlife and Fish/Shellfish. 62 FR 29016.......................... May 29, 1997........... Wildlife and Fish/Shellfish. 63 FR 35332.......................... June 29, 1998.......... Wildlife and Fish/Shellfish. 63 FR 46148.......................... August 28, 1998........ Wildlife and Fish/Shellfish. 64 FR 1276........................... January 8, 1999........ Fish/Shellfish. 64 FR 35776.......................... July 1, 1999........... Wildlife. 65 FR 40730.......................... June 30, 2000.......... Wildlife. 66 FR 10142.......................... February 13, 2001...... Fish/Shellfish. 66 FR 33744.......................... June 25, 2001.......... Wildlife. 67 FR 5890........................... February 7, 2002....... Fish/Shellfish. 67 FR 43710.......................... June 28, 2002.......... Wildlife. 68 FR 7276........................... February 12, 2003...... Fish/Shellfish. ---------------------------------------------------------------------------------------------------------------- Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use determinations. ---------------------------------------------------------------------------------------------------------------- 69 FR 5018........................... February 3, 2004....... Fish/Shellfish. 69 FR 40174.......................... July 1, 2004........... Wildlife. 70 FR 13377.......................... March 21, 2005......... Fish/Shellfish. 70 FR 36268.......................... June 22, 2005.......... Wildlife. 71 FR 15569.......................... March 29, 2006......... Fish/Shellfish. 71 FR 37642.......................... June 30, 2006.......... Wildlife. 72 FR 12676.......................... March 16, 2007......... Fish/Shellfish. ---------------------------------------------------------------------------------------------------------------- Current Rule The Departments published a proposed rule on August 14, 2006 (71 FR 46423), to amend subparts C and D of 36 CFR part 242 and 50 CFR part 100. The proposed rule opened a comment period, which closed on October 20, 2006. The Departments advertised the proposed rule by mail, radio, and newspaper. During that period, the Regional Councils met and, in addition to other Regional Council business, received suggestions for proposals from the public. The Board received a total of 64 proposals for changes to subparts C and D. After the proposal period closed, the Board prepared two booklets describing the proposals and distributed them to the public. One booklet was for wildlife proposals Statewide, and the other was for fish proposals for the Kenai Peninsula; both were also available online. The public then had an additional 30 days in which to comment on the proposals for changes to the regulations. The 10 Regional Councils met again, received public comments, and formulated their recommendations to the Board on proposals for their respective regions. The Regional Councils had a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, a Council Chair, or a designated representative, presented each Council's recommendations at the Board meetings of April 30-May 2, 2007 and May 8-10, 2007. These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. The public has had extensive opportunity to review and comment on all changes. Of the 64 proposals, the Board adopted 18 and rejected 14. The Board adopted 20 proposals with modifications and took no action on 8 proposals due to action that they had taken on other similar proposals. The Board deferred two proposals to allow collection of additional information. One proposal had been withdrawn by the proponent prior to the meeting, and one proposal was withdrawn during the meeting at the request of the proponent and with the concurrence of the Chair of the Regional Council and Board members. Summary of Proposals Rejected by the Board The Board rejected or took no action on 23 proposals. All of the rejected proposals were recommended for rejection by at least one of the Regional Councils. Detailed information relating to justification for the action on each proposal may be found in the Board meeting transcripts, available for review at the Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, Alaska 99503, or on the Office of Subsistence Management Web site (http://alaska.fws.gov/asm/home.html ). Summary of Proposals Adopted by the Board The Board adopted 38 proposals. Some of these proposals were adopted as submitted. Others were adopted with modifications suggested by the respective Regional Council, modifications developed during the analysis process, or modifications developed during the Board's public deliberations. All of the adopted proposals were recommended for adoption by at least one of the Regional Councils, although further modifications may have been [[Page 73428]] made during Board deliberations, and were based on customary and traditional uses or harvest practices, or on protecting fish or wildlife populations. Detailed information relating to justification for the action on each proposal may be found in the Board meeting transcripts, available for review at the Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, Alaska 99503, or on the Office of Subsistence Management Web site (http://alaska.fws.gov/asm/home.html ). Additional minor modifications have been made by changing titles of officials delegated to open or close seasons or set harvest restrictions. This was necessary because of office reorganizations and internal agency changes in official geographic responsibilities. One wildlife proposal was adopted by the Board contrary to the recommendations of the Eastern Interior and North Slope Regional Advisory Councils. The Board's decision was made in consideration of Section 815(3) of ANILCA, which allows restricting nonsubsistence uses only if needed to conserve healthy populations of fish and wildlife, to continue subsistence uses, for public safety, or for administration. The Board concluded that maintaining the closure to nonsubsistence hunting of sheep in the Red Sheep Creek and Cane Creek drainages within the management area was no longer necessary for conservation of a healthy sheep population, to provide for continued subsistence use of sheep, for public safety, or for administration. These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. All Board members have reviewed this rule and agree with its substance. Because this rule concerns public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100. Conformance With Statutory and Regulatory Authorities Administrative Procedure Act Compliance The Board has provided extensive opportunity for public input and involvement in excess of standard Administrative Procedure Act requirements, including participation in multiple Regional Council meetings, additional public review and comment on all proposals for regulatory change, and opportunity for additional public comment during the Board meeting prior to deliberation. Additionally, an administrative mechanism exists (and has been used by the public) to request reconsideration of the Board's decision on any particular proposal for regulatory change. In the more than 15 years the Program has been operating, no benefit to the public has been demonstrated by delaying the effective date of the subsistence regulations. A further lapse in regulatory control could affect the continued viability of 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) to make this rule effective upon publication in the Federal Register. We further believe that sufficient public notice has been given to affected persons about the Board decisions, and we have established the compliance dates set forth in dates to ensure continued operation of the subsistence program. National Environmental Policy Act Compliance A Draft Environmental Impact Statement (DEIS) 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 analyses and examined the environmental consequences of 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 comments 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, the Secretary of the Interior, with the concurrence of the Secretary of Agriculture, through the U.S. Department of Agriculture--Forest Service, implemented 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, implemented the Federal Subsistence Management Program and included a framework for an annual cycle for subsistence hunting and fishing regulations. The following Federal Register documents pertain to this rulemaking: Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents Pertaining to the Final Rule ---------------------------------------------------------------------------------------------------------------- Federal Register citation Date of publication Category Details ---------------------------------------------------------------------------------------------------------------- 57 FR 22940........................ May 29, 1992.......... Final Rule............ ``Subsistence Management Regulations for Public Lands in Alaska; Final Rule'' was published in the Federal Register. 64 FR 1276......................... January 8, 1999....... Final Rule............ Amended the regulations to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsistence Board's management to all Federal lands selected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an Alaska Native Corporation. Specified and clarified the Secretaries' authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority. [[Page 73429]] 66 FR 31533........................ June 12, 2001......... Interim Rule.......... Expanded the authority that the Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. 67 FR 30559........................ May 7, 2002........... Final Rule............ Amended the operating regulations in response to comments on the June 12, 2001, interim rule. Also corrected some inadvertent errors and oversights of previous rules. 68 FR 7703......................... February 18, 2003..... Direct Final Rule..... Clarified how old a person must be to receive certain subsistence use permits and removed the requirement that Regional Councils must have an odd number of members. 68 FR 23035........................ April 30, 2003........ Affirmation of Direct Because we received no Final Rule. adverse comments on the direct final rule (67 FR 30559), we adopted the direct final rule. 69 FR 60957........................ October 14, 2004...... Final Rule............ Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ``regulatory year'' from subpart A to subpart D of the regulations. 70 FR 76400........................ December 27, 2005..... Final Rule............ Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. 71 FR 49997........................ August 24, 2006....... Final Rule............ Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in the regulations. 72 FR 25688........................ May 7, 2007........... Final Rule............ Revised nonrural determinations. ---------------------------------------------------------------------------------------------------------------- An environmental assessment was prepared in 1997 on the expansion of Federal jurisdiction over fisheries and is available from the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior with the concurrence of the Secretary of Agriculture determined that the expansion of Federal jurisdiction did not constitute a major Federal action significantly affecting the human environment and, therefore, signed a Finding of No Significant Impact. Compliance With Section 810 of ANILCA The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. A Section 810 analysis was completed as part of the FEIS process. The final Section 810 analysis determination appeared in the April 6, 1992, ROD, which concluded that the Federal Subsistence Management Program may have some local impacts on subsistence uses, but the program is not likely to significantly restrict subsistence uses. Paperwork Reduction Act This rule does not contain any new information collection requirements that need Office of Management and Budget (OMB) approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule applies to the use of public lands in Alaska. The information collection requirements described in this rule are already approved by OMB and have been assigned control number 1018-0075, which expires October 31, 2009. We may not conduct or sponsor and you are not required to respond to a collection of information request unless it displays a currently valid OMB control number. Other Requirements Economic Effects--This rule is not a significant rule subject to OMB review under Executive Order 12866. This rulemaking will impose no significant costs on small entities; this rule does not restrict any existing sport, commercial fishery, hunting and trapping on the public lands, and subsistence fisheries will continue at essentially the same levels as they presently occur. The number of businesses and the amount of trade that will result from this Federal land-related activity is unknown but expected to be insignificant. The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires preparation of regulatory flexibility analyses for rules that will have a significant economic effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. The Departments have determined 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. This rulemaking will impose no significant costs on small entities; 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 sporting goods, ammunition, and gasoline dealers. The number of small entities affected is unknown; however, 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 the effects will not be significant. This rule benefits those participants who engage in the subsistence harvest of fish and wildlife in Alaska in two identifiable ways: first, participants get the consumptive value of the food harvested, and second, participants get the cultural benefit associated with the maintenance of a subsistence lifestyle. We can estimate the consumptive value for fish and wildlife harvested under this rule but can place no dollar value on the maintenance of a subsistence lifestyle. However, we estimate that 8.7 million pounds of wildlife are harvested by the local subsistence users annually and, if based on a replacement value of $5.00 per pound, would equate to $43.5 million in food value Statewide. A small additional number of pounds of fish are harvested by local subsistence users in the Kenai Peninsula area. The cultural benefits of maintaining a subsistence lifestyle can also be of considerable value to the participants. Title VIII of ANILCA requires the Secretaries to administer a subsistence preference on public lands. The scope of [[Page 73430]] this program is limited by definition to certain public lands. Likewise, these regulations have no potential implications for takings of private property as defined by Executive Order 12630. The Service has determined and certifies 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 no cost is involved to any State or local entities or Tribal governments. The Service has determined that these regulations meet the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988 on Civil Justice Reform. In accordance with Executive Order 13132, the rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands unless the State's program is compliant with the requirements of that Title. In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), 512 DM 2, and E.O. 13175, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no significant direct effects. The Bureau of Indian Affairs is a participating agency in this rulemaking. On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, or use. This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. As this rule is not a significant regulatory action under Executive Order 13211, affecting energy supply, distribution, or use, no Statement of Energy Effects is required. Drafting Information--Theo Matuskowitz drafted these regulations under the guidance of Peter J. Probasco of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Charles Ardizzone, Alaska State Office, Bureau of Land Management; Sandy Rabinowitch and Nancy Swanton, Alaska Regional Office, National Park Service; Drs. Warren Eastland and Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife Service; and Steve Kessler, Alaska Regional Office, U.S. Forest Service, provided additional assistance. 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 0 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. In subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. -- --.24(a)(1) and (2) are revised to read as follows: Sec. ----.24 Customary and traditional use determinations. (a) * * * (1) Wildlife determinations. The rural Alaska residents of the listed communities and areas have a customary and traditional use of the specified species on Federal public lands within the listed areas: ------------------------------------------------------------------------ Area Species Determination ------------------------------------------------------------------------ Unit 1C....................... Black Bear....... Residents of Unit 1C, 1D, 3, Hoonah, Pelican, Point Baker, Sitka, and Tenakee Springs. Unit 1A....................... Brown Bear....... Residents of Unit 1A, except no subsistence for residents of Hyder. Unit 1B....................... Brown Bear....... Residents of Unit 1A, Petersburg, and Wrangell, except no subsistence for residents of Hyder. Unit 1C....................... Brown Bear....... Residents of Unit 1C, Haines, Hoonah, Kake, Klukwan, Skagway, and Wrangell, except no subsistence for residents of Gustavus. Unit 1D....................... Brown Bear....... Residents of 1D. Unit 1A....................... Deer............. Residents of Units 1A and 2. Unit 1B....................... Deer............. Residents of Units 1A, 1B, 2, and 3. Unit 1C....................... Deer............. Residents of 1C, 1D, Hoonah, Kake, and Petersburg. Unit 1D....................... Deer............. No Federal subsistence priority. Unit 1B....................... Goat............. Residents of Units 1B and 3. Unit 1C....................... Goat............. Residents of Haines, Kake, Klukwan, Petersburg, and Hoonah. Unit 1B....................... Moose............ Residents of Units 1, 2, 3, and 4. Unit 1C Berners Bay........... Moose............ No Federal subsistence priority. Unit 1D....................... Moose............ Residents of Unit 1D. Unit 2........................ Deer............. Residents of Unit 1A, 2, and 3. Unit 3........................ Deer............. Residents of Unit 1B, 3, Port Alexander, Port Protection, Pt. Baker, and Meyer's Chuck. Unit 3, Wrangell and Mitkof Moose............ Residents of Units Islands. 1B, 2, and 3. Unit 4........................ Brown Bear....... Residents of Unit 4 and Kake. Unit 4........................ Deer............. Residents of Unit 4, Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan, Port Protection, Wrangell, and Yakutat. [[Page 73431]] Unit 4........................ Goat............. Residents of Sitka, Hoonah, Tenakee, Pelican, Funter Bay, Angoon, Port Alexander, and Elfin Cove. Unit 5........................ Black Bear....... Residents of Unit 5A. Unit 5........................ Brown Bear....... Residents of Yakutat. Unit 5........................ Deer............. Residents of Yakutat. Unit 5........................ Goat............. Residents of Unit 5A Unit 5........................ Moose............ Residents of Unit 5A. Unit 5........................ Wolf............. Residents of Unit 5A. Unit 6A....................... Black Bear....... Residents of Yakutat and Unit 6C and 6D, except no subsistence for Whittier. Unit 6, remainder............. Black Bear....... Residents of Unit 6C and 6D, except no subsistence for Whittier. Unit 6........................ Brown Bear....... No Federal subsistence priority. Unit 6A....................... Goat............. Residents of Unit 5A, 6C, Chenega Bay, and TaTitlek. Unit 6C and Unit 6D........... Goat............. Residents of Unit 6C and D. Unit 6A....................... Moose............ Residents of Units 5A, 6A, 6B and 6C. Unit 6B and Unit 6C........... Moose............ Residents of Units 6A, 6B and 6C. Unit 6D....................... Moose............ No Federal subsistence priority. Unit 6A....................... Wolf............. Residents of Units 5A, 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16- 26. Unit 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. Unit 7........................ Caribou.......... No Federal subsistence priority. Unit 7, Brown Mountain hunt Goat............. Residents of Port area. Graham and Nanwalek. Unit 7, that portion draining Moose............ Residents of Chenega into Kings Bay. Bay and TaTitlek. Unit 7, remainder............. Moose............ No Federal subsistence priority. Unit 7........................ Sheep............ No Federal subsistence priority. Unit 7........................ Ruffed Grouse.... No Federal subsistence priority. Unit 8........................ Brown Bear....... Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and Port Lions. Unit 8........................ Deer............. Residents of Unit 8. Unit 8........................ Elk.............. Residents of Unit 8. Unit 8........................ Goat............. No Federal subsistence priority. Unit 9D....................... Bison............ No Federal subsistence priority. Unit 9A and Unit 9B........... Black Bear....... Residents of Units 9A, 9B, 17A, 17B, and 17C. Unit 9A....................... Brown Bear....... Residents of Pedro Bay. Unit 9B....................... Brown Bear....... Residents of Unit 9B. Unit 9C....................... Brown Bear....... Residents of Unit 9C. Unit 9D....................... Brown Bear....... Residents of Units 9D and 10 (Unimak Island). Unit 9E....................... Brown Bear....... Residents of Chignik, Chignik Lagoon, Chignik Lake, Egegik, Ivanof Bay, Perryville, Pilot Point, Ugashik, and Port Heiden/Meshik. Unit 9A and Unit 9B........... Caribou.......... Residents of Units 9B, 9C, and 17. Unit 9C....................... Caribou.......... Residents of Unit 9B, 9C, 17, and Egegik. Unit 9D....................... Caribou.......... Residents of Unit 9D, Akutan, and False Pass. Unit 9E....................... Caribou.......... Residents of Units 9B, 9C, 9E, 17, Nelson Lagoon and Sand Point. Unit 9A, Unit 9B, Unit 9C and Moose............ Residents of Unit 9A, Unit 9E. 9B, 9C, and 9E. Unit 9D....................... Moose............ Residents of Cold Bay, False Pass, King Cove, Nelson Lagoon, and Sand Point. Unit 9B....................... Sheep............ Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and residents of Lake Clark National Park and Preserve within Unit 9B. Unit 9, remainder............. Sheep............ No determination. Unit 9........................ Wolf............. Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16- 26. Unit 9A, Unit B, Unit C, & Beaver........... Residents of Units Unit E. 9A, 9B, 9C, 9E, and 17. Unit 10 Unimak Island......... Brown Bear....... Residents of Units 9D and 10 (Unimak Island). Unit 10 Unimak Island......... Caribou.......... Residents of Akutan, False Pass, King Cove, and Sand Point. Unit 10, remainder............ Caribou.......... No determination. Unit 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. Unit 11, north of the Sanford Black Bear....... Residents of River. Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12. Unit 11, remainder............ Black Bear....... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Unit 11. Unit 11, north of the Sanford Brown Bear....... Residents of River. Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12. [[Page 73432]] Unit 11, remainder............ Brown Bear....... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Unit 11. Unit 11, north of the Sanford Caribou.......... Residents of Units River. 11, 12, 13A-D, Chickaloon, Healy Lake, and Dot Lake. Unit 11, remainder............ Caribou.......... Residents of Units 11, 13A-D, and Chickaloon. Unit 11....................... Goat............. Residents of Unit 11, Chitina, Chistochina, Copper Center, Gakona, Glennallen, Gulkana, Mentasta Lake, Slana, Tazlina, Tonsina, and Dot Lake. Unit 11, north of the Sanford Moose............ Residents of Units River. 11, 12, 13A-D, Chickaloon, Healy Lake, and Dot Lake. Unit 11, remainder............ Moose............ Residents of Units 11, 13A-D, and Chickaloon. Unit 11, north of the Sanford Sheep............ Residents of Unit 12, River. Chistochina, Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana, Healy Lake, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, Tonsina, residents along the Nabesna Road-- Milepost 0-46 (Nabesna Road), and residents along the McCarthy Road-- Milepost 0-62 (McCarthy Road). Unit 11, remainder............ Sheep............ Residents of Chisana, Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, 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). Unit 11....................... Wolf............. Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16- 26. Unit 11....................... Grouse (Spruce, Residents of Units Blue, Ruffed and 11, 12, 13 and the Sharp-tailed). residents of Chickaloon, 15, 16, 20D, 22 and 23. Unit 11....................... Ptarmigan (Rock, Residents of Units Willow and White- 11, 12, 13 and the tailed). residents of Chickaloon, 15, 16, 20D, 22 and 23. Unit 12....................... Brown Bear....... Residents of Unit 12, Dot Lake, Chistochina, Gakona, Mentasta Lake, and Slana. Unit 12....................... Caribou.......... Residents of Unit 12, Dot Lake, Healy Lake, and Mentasta Lake. Unit 12, that portion within Moose............ Residents of Unit 12, the Tetlin National Wildlife 13C, Dot Lake, and Refuge and those lands within Healy Lake. the Wrangell-St. Elias National Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian border to Pickerel Lake. Unit 12, that portion east of Moose............ Residents of Unit 12, the Nabesna River and Nabesna 13C, and Healy Lake. Glacier, and south of the Winter Trail running southeast from Pickerel Lake to the Canadian border. Unit 12, remainder............ Moose............ Residents of Unit 11 north of 62nd parallel, Unit 12, 13A-D and the residents of Chickaloon, Dot Lake, and Healy Lake. Unit 12....................... Sheep............ Residents of Unit 12, Chistochina, Dot Lake, Healy Lake, and Mentasta Lake. Unit 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 and Slana. Unit 13B...................... Caribou.......... Residents of Units 11, 12 (along the Nabesna Road), 13, residents of Unit 20D except Fort Greely, and the residents of Chickaloon. Unit 13C...................... Caribou.......... Residents of Units 11, 12 (along the Nabesna Road), 13, Chickaloon, Dot Lake and Healy Lake. Unit 13A and Unit 13D......... Caribou.......... Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of