[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10317-10323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4359]



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DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AB43


Subsistence Management Regulations for Public Lands in Alaska, 
Subparts C & D; Board Determinations and Subsistence Taking of Fish and 
Wildlife Regulations; Correcting Amendments

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

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: These corrections amend the Subsistence Management Regulations 
for Public Lands in Alaska, published in the Federal Register on May 
29, 1992, and June 3, 1994, implementing the subsistence priority for 
rural residents of Alaska under Title VIII of the Alaska National 
Interest Lands Conservation Act (ANILCA) of 1980. These corrections 
will allow rural Alaska residents to continue to harvest fish and 
wildlife resources on Federal public lands.

EFFECTIVE DATE: Effective July 1, 1994.

FOR FURTHER INFORMATION CONTACT:
Richard S. Pospahala, Office of Subsistence Management, U.S. Fish and 
Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska 99503; 
telephone (907) 786-3447. For questions specific to National Forest 
System lands, contact Norman Howse, Assistant Director, Subsistence, 
USDA--Forest Service, Alaska Region, P.O. Box 21628, Juneau, Alaska 
99802; telephone (907) 586-8890.

SUPPLEMENTARY INFORMATION:

Background

    Title VIII of the Alaska National Interest Lands Conservation Act 
(ANILCA) (16 U.S.C. 3111-3126) requires 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 public lands, unless the State of Alaska enacts 
and implements laws of general applicability which are consistent with 
ANILCA, and which 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 the 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, the Department of the 
Interior and the Department of Agriculture (Departments) assumed, on 
July 1, 1990, responsibility for implementation of Title VIII of ANILCA 
on public lands. On June 29, 1990, the Temporary Subsistence Management 
Regulations for Public Lands in Alaska were published in the Federal 
Register (55 FR 27114-27170). Consistent with Subparts A, B, and C of 
these regulations, a Federal Subsistence Board (Board) was established 
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 Area Director, U.S. Bureau of Indian 
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through 
the Board, these agencies have participated in development of 
regulations for Subparts A, B, and C, and the annual Subpart D 
regulations. All Board members have reviewed these corrections and 
agree with their substance. Because Subparts C and D relate to public 
lands managed by an agency or agencies in both the Departments of 
Agriculture and the Interior, identical correcting text will be 
incorporated into 36 CFR Part 242 and 50 CFR Part 100.
    Final Subpart C regulations were published on June 29, 1992, in the 
Federal Register (57 FR 22957-22964) and were amended on May 27, 1994 
(59 FR 27462). Proposed Subpart D regulations for the 1994-1995 seasons 
and bag limits, and methods and means were published on September 2, 
1993, in the Federal Register (58 FR 46678-46706). A 60-day comment 
period providing for public review of the proposed Subpart D rule was 
advertised by mail, radio, and newspaper. Subsequent to that 60-day 
review period, the Board prepared a booklet describing all proposals 
for change to [[Page 10318]] Subpart D. The public then had an 
additional 60 days in which to comment on the proposals for changes to 
the regulations. The Federal Subsistence Regional Advisory Councils 
(Regional Councils) met in regional centers, received public comments, 
and formulated recommendations to the Board on proposals for their 
respective regions. The final regulations, published on June 3, 1994, 
(59 FR 29032-29063) reflect Board review and consideration of Regional 
Council recommendations and public comments submitted to the Board 
during their April meeting. Additional Regional Council meetings were 
held during October 1994, and the Board heard public testimony and 
deliberated Requests for Reconsideration and Special Action in public 
forum on November 14, 1994. The sections dealing with shellfish were 
published on June 1, 1993, (58 FR 31252-31295) and their effective 
period was revised by an interim rule published on June 27, 1994, (59 
FR 32923-32925).
    These correcting amendments are a result of deferred proposal from 
the Board's April meeting, Requests for Reconsideration of some of the 
Board's decisions in April, some requests for Special Action as a 
result of resource concerns, and some administrative errors, omissions 
and typographical mistakes that have been brought to our attention. 
Below are summaries of each action.

Subpart C

    Unit 12--Sheep--A transcription error from State records was made 
in the Customary and Traditional use eligibility determination for 
sheep in Unit 12. This document corrects that error.
    Unit 18--Caribou--The Board acted on a request for Special Action 
for a season on caribou north of the Yukon River in Unit 18. 
Preliminary data indicates that a number of villages have traditionally 
harvested caribou in that area. Therefore, the Board has made an 
interim finding of customary and traditional use eligibility 
determination for the villages of Alakanuk, Andreafsky, Emmonak, 
Kotlik, Marshall, Mountain Village, Pilot Station, Pitka's Point, 
Russian Mission, St. Mary's, St. Michael, Sheldon Point, and Stebbins 
for caribou in Unit 18 north of the Yukon River. This action was 
supported by the affected Regional Council.

Subpart D

    Units 7 and 15--Black Bear--A typographic error is being corrected 
identifying the Units in which sealing is required for the hide and 
skull of black bears.
    Unit 6(D)--Goat--A typographical error identifying a harvest area 
is being corrected.
    Units 6, 11-14, 16, 20 and 25(C)--Lynx--The Board acted on a 
request from the Alaska Department of Fish and Game (ADF&G) to close 
the trapping season for lynx in Units 6, 14 and 16, lengthen the season 
in Units 11 and 13, and shorten the season in Units 12, 20 and 25(C). 
This follows the Board's previous agreement to follow a harvest 
tracking strategy where possible. The strategy calls for shortening or 
closing trapping seasons when lynx numbers are low and lengthening or 
opening seasons when lynx are abundant. The Regional Councils affected 
supported this action to protect the viability of the lynx populations 
in those Units.
    Unit 9(C)--Caribou--The Board received a request to close Federal 
lands to the non-subsistence hunting of caribou in order to ensure the 
continued viability of the North Alaska Peninsula caribou herd. The 
population of this herd has declined 20 percent over the last year. On 
the recommendation of the Regional Council, the Board acted to close 
the lands for the current regulatory year.
    Unit 12--Sheep--The transcription error that was made in the 
customary and traditional use eligibility determination also 
incorrectly omitted a season for sheep in this Unit. This document 
inserts the correct season.
    Unit 18--Caribou--Upon receipt of a request for Special Action, the 
Board, at its November 17, 1994, meeting deliberated the issue of 
opening Unit 18 north of the Yukon River to caribou hunting. There 
appears to be an influx of caribou into the area, primarily from the 
Western Arctic caribou herd which currently numbers about 500,000 
animals. The Board opened a season to coincide with the State season. 
They also indicated that if large numbers of animals move into Unit 18, 
they will further increase the harvest limit.
    Unit 19(A)--Moose--This proposal was a carry-over from the April 
1994 Board meeting. One of the two Regional Councils that were affected 
by this 1994-95 proposal had not reviewed it prior to the April 
meeting, so the Board delayed action. During the October round of 
Regional Council meetings, the two Regional Councils reached consensus 
and the Board passed their compromise version that established a 
subarea and revised the season structure.
    Unit 21(E)--Moose--This proposal was also a carry-over from the 
April 1994 Board meeting. One of the two Regional Councils that were 
affected by this 1994-95 proposal had not reviewed it prior to the 
April meeting, so the Board delayed action. The proposal would prohibit 
hunting within one-half mile of the Yukon River during the February 
season. Although the two involved Regional Councils could not agree, 
data indicated that harvest by residents of one region was almost 
nonexistent in the affected area. The Board therefore adopted the 
recommendation of the region primarily impacted and instituted the one-
half mile restriction.
    Unit 26(A)--Moose--A typographic error is being corrected, 
identifying a subarea of Unit 26(A).
    Kodiak Area--Shellfish--The Board received a Request for 
Reconsideration from the Alaska Department of Fish and Game (ADF&G) to 
institute a minimum shell size on king crabs taken for subsistence 
uses. A full review of the issue and a concern for the viability of the 
population led the Board to close Federal waters to the non-subsistence 
taking of king crab. This action was supported by the Regional Council.
    Only the items described above are being changed; but for clarity, 
the entire table or text section for the pertinent species in each Unit 
is reproduced. The above actions were supported as indicated by the 
Regional Councils in the affected areas. Notice of the Board meeting 
and the subjects to be considered were widely circulated and the public 
had an opportunity to comment and participate.
    The Board finds that additional public notice and comment 
requirements under the Administrative Procedures Act (APA) for this 
extension are impracticable, unnecessary, and contrary to the public 
interest. Therefore, the Board finds good cause pursuant to 5 U.S.C. 
553(b)(B) to waive the public notice and comment procedures prior to 
publication of this rule correction. The Board also finds good cause 
under 5 U.S.C. 553(d)(3) to make this rule correction effective July 1, 
1994, the effective date of the Subsistence Management Regulations for 
Public Lands in Alaska.

Conformance With Statutory and Regulatory Authorities

    National Environmental Policy Act Compliance--A Draft Environmental 
Impact Statement (DEIS) that described four alternatives for developing 
a Federal Subsistence Management Program was distributed for public 
comment on October 7, 1991. That document described the major issues 
associated with Federal subsistence management as identified through 
[[Page 10319]] public meetings, written comments and staff analysis and 
examined the environmental consequences of the four alternatives. 
Proposed regulations (Subparts A, B, and C) that would implement the 
preferred alternative were included in the DEIS as an appendix. The 
DEIS and the proposed administrative regulations presented a framework 
for an annual regulatory cycle regarding subsistence hunting and 
fishing regulations (Subpart D). The Final Environmental Impact 
Statement (FEIS) was published on February 28, 1992.
    Based on the public comment received, the analysis contained in the 
FEIS, and the recommendations of the Federal Subsistence Board and the 
Department of the Interior's Subsistence Policy Group, it was the 
decision of the Secretary of the Interior, with the concurrence of the 
Secretary of Agriculture, through the U.S. Department of Agriculture-
Forest Service, to implement Alternative IV as identified in the DEIS 
and FEIS (Record of Decision on Subsistence Management for Federal 
Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the 
selected alternative in the FEIS defined the administrative framework 
of an annual regulatory cycle for subsistence hunting and fishing 
regulations. The final rule for Subsistence Management Regulations for 
Public Lands in Alaska, Subparts A, B, and C (57 FR 22940-22964) 
implements the Federal Subsistence Management Program and includes a 
framework for an annual cycle for subsistence hunting and fishing 
regulations.

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 appears in the 
April 6, 1992, ROD which concluded that the Federal Subsistence 
Management Program, under Alternative IV with an annual process for 
setting hunting and fishing regulations, may have some local impacts on 
subsistence uses, but it does not appear that the program may 
significantly restrict subsistence uses.

Paperwork Reduction Act

    These rules contain information collection requirements subject to 
Office of Management and Budget (OMB) approval under 44 U.S.C. 3501-
3520. They apply to the use of public lands in Alaska. The information 
collection requirements described above are approved by the OMB under 
44 U.S.C. 3501 and have been assigned clearance number 1018-0075.
    Public reporting burden for this form is estimated to average .1382 
hours per response, including time for reviewing instructions, 
gathering and maintaining data, and completing and reviewing the form. 
Direct comments on the burden estimate or any other aspect of this form 
to: Information Collection Officer, U.S. Fish and Wildlife Service, 
1849 C Street, NW, MS 224 ARLSQ, Washington, DC 20240; and the Office 
of Management and Budget, Paperwork Reduction Project (1018-0075), 
Washington, DC 20503. Additional information collection requirements 
may be imposed if Local Advisory Committees subject to the Federal 
Advisory Committee Act are established under Subpart B. Such 
requirements will be submitted to OMB for approval prior to their 
implementation.

Economic Effects

    This rule is not subject to OMB review under Executive Order 12866.
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations or governmental jurisdictions. 
The Departments have determined 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. The number of small entities affected is unknown; but, 
the fact that the positive effects will be seasonal in nature and will, 
in most cases, merely continue preexisting uses of public lands 
indicates that they will not be significant.
    These regulations do not meet the threshold criteria of 
``Federalism Effects'' as set forth in Executive Order 12612. Title 
VIII of ANILCA requires the Secretaries to administer a subsistence 
preference on public lands. The scope of this program is limited by 
definition to certain public lands. Likewise, these regulations have no 
significant takings implication relating to any property rights as 
outlined by Executive Order 12630.

Drafting Information

    These regulations were drafted under the guidance of Richard S. 
Pospahala, of the Office of Subsistence Management, Alaska Regional 
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional 
guidance was provided by Thomas H. Boyd, Alaska State Office, Bureau of 
Land Management; Lou Waller, Alaska Regional Office, National Park 
Service; John Borbridge, Alaska Area Office, Bureau of Indian Affairs; 
and Norman Howse, 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 procedures, Alaska, Fish, Public Lands, 
Reporting and recordkeeping requirements, Subsistence, Wildlife.
    For the reasons set out in the preamble, Title 36, Part 242, and 
Title 50, Part 100, of the Code of Federal Regulations, are amended as 
set forth below.

PART ____ --SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

    1. The authority citation for both 36 CFR Part 242 and 50 CFR Part 
100 continues to read as follows:

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.

    2. Section __.24(a)(1) is amended in the table under ``Area,'' 
``Species,'' and ``Determination'' by removing the entry for ``GMU 12'' 
``Sheep'' and adding two new entries in its place to read as follows:


Sec. __.24  Customary and traditional use determinations.

    (a) * * *
    (1) * * *

                                                                        
[[Page 10320]]                                                          
------------------------------------------------------------------------
         Area                  Species               Determination      
------------------------------------------------------------------------
       *                  *                  *                  *       
                  *                  *                  *               
12 Tok Management area  Sheep...............  No subsistence.           
12 Remainder..........  Sheep...............  No determination.         
       *                  *                  *                  *       
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *
    3. Section __.24(a)(1) is amended in the table under ``Area,'' 
``Species,'' and ``Determination'' by removing the two entries for 
``GMU 18'' ``Caribou'' and adding three new entries in their place to 
read as follows:


Sec. __.24  Customary and traditional use determinations.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
          Area                   Species               Determination    
------------------------------------------------------------------------
       *                  *                  *                  *       
                  *                  *                  *               
18.....................  Caribou (Kilbuk caribou  Residents of Kwethluk.
                          herd only).                                   
18  North of the Yukon   Caribou (except Kilbuk   Residents of Alakanuk,
 River.                   caribou herd).           Andreafsky, Emmonak, 
                                                   Kotlik, Marshall,    
                                                   Mountain Village,    
                                                   Pilot Station,       
                                                   Pitka's Point,       
                                                   Russian Mission, St. 
                                                   Mary's, St. Michael, 
                                                   Sheldon Point, and   
                                                   Stebbins.            
18  Remainder..........  Caribou (except Kilbuk   Residents of Kwethluk.
                          caribou herd).                                
       *                  *                  *                  *       
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *
    4. Section __.25(e)(1) is revised to read as follows:


Sec. __.25  Subsistence taking of wildlife.

    (e) * * *
    (1) Sealing requirements for bear shall apply to brown bears taken 
in all Units, except as specified below, and black bears of all color 
phases taken in Units 1-7, 11-16, and 20.
* * * * *
    5. Section __.25(k)(6)(iii)(B) is amended in the table under 
``Hunting'' by revising the entry for Goat to read as follows:
* * * * *
    (k) * * *
    (6) * * *
    (iii) * * *
    (B) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
*  *  *  *  *                                   *  *  *  *  *           
Goat:                                                                   
  Unit 6(A), (B)--1 goat by State registration  Aug. 20-Jan. 31.        
   permit only                                                          
  Unit 6(C)...................................  No open season.         
  Unit 6(D) (subareas RG242, RG243, RG244,      Aug. 20-Jan. 31.        
   RG249, RG266 and RG252 only)--1 goat by                              
   Federal registration permit only                                     
  In each of the Unit 6(D) subareas, goat                               
   seasons will be closed when harvest limits                           
   for that subarea are reached. Harvest                                
   quotas are as follows: RG242--2 goats,                               
   RG243--2 goats, RG244--2 goats, RG249--2                             
   goats, RG266--4 goats, RG252--1 goat                                 
  Unit 6(D) (subarea RG245)--The taking of      No open season.         
   goats is prohibited on all public lands                              
  *  *  *  *  *...............................  *  *  *  *  *           
------------------------------------------------------------------------

* * * * *
    6. Section __.25(k)(6)(iii)(B) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * *
    (6) * * *
    (iii) * * *
    (B) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
*  *  *  *  *                                                           
Trapping:                                                               
*  *  *  *  *                                   *  *  *  *  *           
Lynx..........................................  No open season.         
*  *  *  *  *                                   *  *  *  *  *           
------------------------------------------------------------------------

* * * * *
    7. Section __.25(k)(9)(ii)(E) is amended in the table under 
``Hunting'' by revising the entry for Caribou to read as follows:
* * * * *
    (k) * * * 
    (9) * * * 
    (ii) * * * 
    (E) * * * 

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
* * * * *                                       * * * * *               
------------------------------------------------------------------------
[[Page 10321]]                                                          
                                                                        
Caribou:                                                                
  Unit 9(A) and (C)--4 caribou; however, no     Aug. 10-Mar. 31.        
   more than 2 caribou may be taken Aug. 10-                            
   Sept. 30 and no more than 1 caribou may be                           
   taken Oct. 1-Nov. 30. Public lands in Unit                           
   9(C) are closed for the hunting of caribou                           
   except by qualified rural Alaska residents                           
   during the seasons identified above                                  
  Unit 9(B)--5 caribou; however no more than 2  Aug. 1-Apr. 15.         
   may be bulls                                                         
  Unit 9(D)...................................  No open season.         
  Unit 9(E)--that portion south of Seal Cape    July 1-Apr. 30.         
   on the Pacific side of the Alaska Peninsula                          
   divide--4 caribou; only bulls may be taken                           
   between July 1 and Aug. 9                                            
  Remainder of Unit 9(E)--4 caribou             Aug. 10-Apr. 30.        
------------------------------------------------------------------------
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * *
    8. Section ____ .25(k)(11) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * * 
    (11) * * * 

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Trapping:                                                               
* * * * *                                       * * * * *               
Lynx:                                                                   
  No limit....................................  Dec. 1-Jan. 15.         
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * * *
    9. Section ____ .25(k)(12) is amended in the table under 
``Hunting'' by adding an entry for Sheep to read as follows:
* * * * *
    (k) * * * 
    (12) * * * 

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
* * * * *                                       * * * * *               
Sheep:                                                                  
  1 ram with full curl horn or larger           Aug. 10-Sept. 20.       
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * *
    10. Section ____ .25(k)(12) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * * 
    (12) * * * 

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
* * * * *                                                               
Trapping:                                                               
* * * * *                                       * * * * *               
Lynx:                                                                   
  No limit....................................  Dec. 1-Jan. 15.         
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * *
    11. Section ____ .25(k)(13)(iii) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * * 
    (13) * * * 
    (iii) * * * 

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
* * * * *                                                               
Trapping:                                                               
* * * * *                                       * * * * *               
Lynx:                                                                   
  No limit....................................  Dec. 1-Jan. 15.         
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * *
    12. Section ____ .25(k)(14)(iii)(B) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * * 
    (14) * * * 
    (iii) * * * 
    (B) * * * 

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
* * * * *                                                               
Trapping:                                                               
* * * * *                                       * * * * *               
Lynx..........................................  No open season.         
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * *
    13. Section ____ .25(k)(16) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * * 
    (16) * * *
    (iii) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
* * * * *                                       * * * * *               
Trapping:                                                               
* * * * *                                       * * * * *               
Lynx..........................................  No open season.         
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * *
    14. Section ______.25(k)(18)(iii) is amended in the table under 
``Hunting'' by revising the entry for Caribou to read as follows:
* * * * *
    (k) * * *
    (18) * * *
    (iii) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
* * * * *                                       * * * * *               
Caribou:                                                                
  Unit 18--that portion south of the Yukon      Dec. 15-Jan. 9.         
   River--Kilbuck caribou herd; rural Alaska    Feb. 23-Mar. 15.        
   residents domiciled in Tuluksak, Akiak,                              
   Akiachak, Kwethluk, Bethel, Oscarville,                              
   Napaaskiak, Napakiak, Kasigiuk,                                      
   Atmauthluak, Nunapitchuk, Tuntutuliak, Eek,                          
   Quinhagak, Goodnews Bay, Platinum, Togiak,                           
   and Twin Hills, only. A Federal                                      
   registration permit is required. The number                          
   of permits available for these hunts will                            
   be determined at a later date. The taking                            
   of caribou will be prohibited when a total                           
   Unit harvest of 130 bulls has been reached                           
   in either or both hunts administered by the                          
   Board or ADF&G.                                                      
  Unit 18--that portion north of the Yukon      Feb. 1-Mar. 31.         
   River--1 caribou.                                                    
  Remainder of Unit 18........................  No open season.         
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * *
    15. Section ______.25(k)(19)(iii) is amended in the table under 
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
    (k) * * *
    (19) * * *
    (iii) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
* * * * *                                       * * * * *               
[[Page 10322]]                                                          
                                                                        
Moose:                                                                  
  Unit 19--Rural Alaska residents of Lime       July 1-June 30.         
   Village only--No individual harvest limit,                           
   but a village harvest quota of 40 moose                              
   (including those taken under the State Tier                          
   II system); either sex. Reporting will be                            
   by a community reporting system.                                     
  Unit 19(A)--that portion north of the         Sept. 1-Sept. 20.       
   Kuskokwim River upstream from, but not       Nov. 20-Nov. 30.        
   including the Kolmakof River drainage and    Jan. 1-Jan. 10.         
   south of the Kuskokwim River upstream from,  Feb. 1-Feb. 10.         
   but not including the Holokuk River                                  
   drainage--1 moose; however, antlerless                               
   moose may be taken only during the Feb. 1-                           
   Feb. 10 season.                                                      
  Unit 19(A)--remainder--1 bull...............  Sept. 1-Sept. 20.       
                                                Nov. 20-Nov. 30.        
                                                Jan. 1-Jan. 10.         
                                                Feb. 1-Feb. 10.         
  Unit 19(B)--1 antlered bull.................  Sept. 1-Sept. 30.       
  Unit 19(C)--1 antlered bull.................  Sept. 1-Oct. 10.        
  Unit 19(D)--that portion of the Upper         Sept. 1-Sept. 30.       
   Kuskokwim Controlled Use Area within the                             
   North Fork drainage upstream from the                                
   confluence of the South Fork to the mouth                            
   of the Swift Fork--1 antlered bull.                                  
  Unit 19(D)--remainder of the Upper Kuskokwim  Sept. 1-Sept. 30.       
   Controlled Use Area--1 bull.                 Dec. 1--Feb. 28.        
  Remainder of Unit 19(D)--1 antlered bull....  Sept. 1-Sept. 30.       
                                                Dec. 1-Dec. 15.         
* * * * *                                       * * * * *               
------------------------------------------------------------------------

* * * * *
    16. Section ______.25(k)(20)(iii)(C) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * *
    (20) * * *
    (iii) * * *
    (C) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
*  *  *  *  *                                                           
Trapping:                                                               
*  *  *  *  *                                   *  *  *  *  *           
Lynx:                                                                   
  No limit....................................  Dec. 1-Jan. 15.         
*  *  *  *  *                                   *  *  *  *  *           
------------------------------------------------------------------------

* * * * *
    17. Section ____.25(k)(21)(iii)(D) is amended in the table under 
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
    (k) * * *
    (21) * * *
    (iii) * * *
    (D) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
*  *  *  *  *                                   *  *  *  *  *           
Moose:                                                                  
  Unit 21(A)--1 antlered bull.................  Sept. 5-Sept. 30.       
                                                Nov. 1-Nov. 30.         
  Unit 21 (B) and (C)--1 antlered bull........  Sept. 5-Sept. 25.       
  Unit 21(D)--1 moose; however, antlerless      Sept. 5-Sept. 25.       
   moose may be taken only from Sept. 21--      Feb. 1-Feb. 5.          
   Sept. 25 and Feb 1--Feb. 5; moose may not                            
   be taken within one-half mile of the Yukon                           
   River during the February season.                                    
  Unit 21(E)--1 moose; however, only antlered   Sept. 5-Sept. 25.       
   bulls may be taken from Sept. 5--Sept. 25;   Feb. 1-Feb. 10.         
   moose may not be taken within one-half mile                          
   of the Yukon River during the February                               
   season.                                                              
*  *  *  *  *                                   *  *  *  *  *           
------------------------------------------------------------------------

* * * * *
    18. Section ____.25(k)(25)(iii)(b) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * *
    (25) * * *
    (iii) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
*  *  *  *  *                                                           
Trapping:                                                               
*  *  *  *  *                                   *  *  *  *  *           
Lynx:                                                                   
  Unit 25(C)--No limit........................  Dec. 1-Jan. 15.         
  Remainder of Unit 25--No limit..............  Nov. 1-Feb. 28.         
*  *  *  *  *                                   *  *  *  *  *           
------------------------------------------------------------------------

* * * * *
    19. Section ____.25(k)(26)(iii)(B) is amended in the table under 
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
    (k) * * *
    (26) * * *
    (iii) * * *
    (B) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
*  *  *  *  *                                   *  *  *  *  *           
Moose:                                                                  
  Unit 26(A)--that portion of the Colville      Aug. 1-Mar. 31.         
   River drainage upstream from and including                           
   the Chandler River drainage--1 moose;                                
   however, no person may take a cow                                    
   accompanied by a calf..                                              
  Remainder of Unit 26(A)--1 moose; however,    Aug. 1-Dec. 31.         
   no person may take a cow accompanied by a                            
   calf..                                                               
  Unit 26(B)--that portion within two miles of  No open season.         
   the Dalton Highway.                                                  
  Unit 26(B) Remainder and (C)--1 moose.......  Aug. 1-Dec. 31.         
*  *  *  *  *                                   *  *  *  *  *           
------------------------------------------------------------------------

* * * * *
    20. Section ____.27 is amended by adding a new paragraph 
(f)(3)(iv)(E) to read as follows:


Sec. ____.27  Subsistence taking of shellfish.

* * * * *
    (f) * * *
    (3) * * *
    (iv) * * *
    (E) the waters of the Pacific Ocean enclosed by the boundaries of 
Womans Bay, Gibson Cove, and an area defined by a line \1/2\ mile on 
either side of the mouth of the Karluk River, and extending seaward 
3,000 feet, and all waters within 1,500 feet seaward of the shoreline 
of Afognak Island are closed to the harvest of king crab except by 
Federally-qualified rural Alaska residents;
* * * * * [[Page 10323]] 
    Dated: December 19, 1994.
William L. Hensley,
Chair, Federal Subsistence Board.

    Dated: December 29, 1994.
Phil Janik,
Regional Forester, USDA-Forest Service.
[FR Doc. 95-4359 Filed 2-23-95; 8:45 am]
BILLING CODE 3410-11-M