Rule2025-13516
Subsistence Management Regulations for Public Lands in Alaska-2025-26 and 2026-27 Subsistence Taking of Fish and Shellfish Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 18, 2025
Effective
July 18, 2025
Issuing agencies
Agriculture DepartmentForest ServiceInterior Department
Abstract
This final rule revises regulations for fish and shellfish seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2025-2026 and 2026-2027 regulatory years. The Federal Subsistence Board (hereafter referred to as "the Board") is on a schedule of completing the process of revising subsistence taking of fish and shellfish regulations in odd- numbered years and subsistence taking of wildlife regulations in even- numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking amends the existing subsistence fish and shellfish taking regulations. This final rule also revises the nonrural determinations, updates the regulations on subsistence taking of wildlife resulting from final Board action on a wildlife proposal to conduct an ANILCA section 804 user prioritization for hunting the Nelchina caribou herd, change Nelchina caribou herd subsistence hunts to "may be announced," and delegate authority to manage these hunts. Lastly, this rule corrects an error from a recent final rule.
Full Text
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<title>Federal Register, Volume 90 Issue 136 (Friday, July 18, 2025)</title>
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[Federal Register Volume 90, Number 136 (Friday, July 18, 2025)]
[Rules and Regulations]
[Pages 34152-34164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13516]
[[Page 34151]]
Vol. 90
Friday,
No. 136
July 18, 2025
Part IV
Department of Agriculture
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Forest Service
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36 CFR Part 242
Department of the Interior
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Office of the Secretary of the Interior
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43 CFR Part 51
Subsistence Management Regulations for Public Lands in Alaska--2025-26
and 2026-27 Subsistence Taking of Fish and Shellfish Regulations; Final
Rule
Federal Register / Vol. 90 , No. 136 / Friday, July 18, 2025 / Rules
and Regulations
[[Page 34152]]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Office of the Secretary of the Interior
43 CFR Part 51
[Docket No. FWS-R7-SM-2023-0214; FXFR13350700640-245-FF07J00000]
RIN 1018-BH14
Subsistence Management Regulations for Public Lands in Alaska--
2025-26 and 2026-27 Subsistence Taking of Fish and Shellfish
Regulations
AGENCY: Forest Service, Agriculture; Office of the Secretary, Interior.
ACTION: Final rule.
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SUMMARY: This final rule revises regulations for fish and shellfish
seasons, harvest limits, methods, and means related to taking of fish
and shellfish for subsistence uses during the 2025-2026 and 2026-2027
regulatory years. The Federal Subsistence Board (hereafter referred to
as ``the Board'') is on a schedule of completing the process of
revising subsistence taking of fish and shellfish regulations in odd-
numbered years and subsistence taking of wildlife regulations in even-
numbered years; public proposal and review processes take place during
the preceding year. The Board also addresses customary and traditional
use determinations during the applicable cycle. When final, the
resulting rulemaking amends the existing subsistence fish and shellfish
taking regulations. This final rule also revises the nonrural
determinations, updates the regulations on subsistence taking of
wildlife resulting from final Board action on a wildlife proposal to
conduct an ANILCA section 804 user prioritization for hunting the
Nelchina caribou herd, change Nelchina caribou herd subsistence hunts
to ``may be announced,'' and delegate authority to manage these hunts.
Lastly, this rule corrects an error from a recent final rule.
DATES: This rule is effective July 18, 2025.
ADDRESSES: The comments received in response to the proposed rule are
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FWS-R7-SM-2023-
0214. Federal Subsistence Board meeting transcripts are available for
review on the Office of Subsistence Management website (<a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>); and at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket
No. FWS-R7-SM-2023-0214.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
Office of Subsistence Management, Attention: Crystal Leonetti,
Director, Office of Subsistence Management; (907) 786-3888 or
<a href="/cdn-cgi/l/email-protection#c6b5b3a4b5afb5b2a3a8a5a386afa9b5e8a2a9afe8a1a9b0"><span class="__cf_email__" data-cfemail="a0d3d5c2d3c9d3d4c5cec3c5e0c9cfd38ec4cfc98ec7cfd6">[email protected]</span></a>. For questions specific to National Forest
System lands, contact Gregory Risdahl, Regional Subsistence Program
Leader, USDA, Forest Service, Alaska Region; (907) 302-7354 or
<a href="/cdn-cgi/l/email-protection#4a2d382f2d253833643823392e2b22260a3f392e2b642d253c"><span class="__cf_email__" data-cfemail="9cfbeef9fbf3eee5b2eef5eff8fdf4f0dce9eff8fdb2fbf3ea">[email protected]</span></a>.
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 (hereafter referred to as ``the
Secretaries'') jointly implement the Federal Subsistence Management
Program (hereafter referred to as ``the Program''). The Program
provides a preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. Only
Alaska residents of areas identified as rural are eligible to
participate in the Program. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
22940). Program officials have subsequently amended these regulations
many times.
Because the Program is a joint effort between the Departments of
the Interior and Agriculture, identical regulations are located in two
titles of the Code of Federal Regulations (CFR). The Department of
Agriculture regulations are at title 36, ``Parks, Forests, and Public
Property'', 36 CFR 242.1-28. Until recently, the Department of the
Interior regulations were at title 50, ``Wildlife and Fisheries,'' 50
CFR 100.1 through 100.28. After the proposed rule was published, the
Office of Subsistence Management was moved by Congress and Secretarial
Order from the U.S. Fish and Wildlife Service to the Department of the
Interior, Office of the Assistant Secretary for Policy, Management, and
Budget. In July 2025, the Department of the Interior Federal
subsistence regulations were relocated to title 43, Public Lands:
Interior, at 43 CFR 51.1 through 51.28.
To indicate that identical changes are proposed for regulations in
both titles 36 and 43, in this document we will 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 (hereafter referred to as ``the
Board'') to administer the Program. The Board comprises:
<bullet> A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
<bullet> Five public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture;
<bullet> The Alaska Regional Director, U.S. Fish and Wildlife
Service;
<bullet> The Alaska Regional Director, National Park Service;
<bullet> The Alaska State Director, Bureau of Land Management;
<bullet> The Alaska Regional Director, Bureau of Indian Affairs;
and
<bullet> The Alaska Regional Forester, U.S. Forest Service.
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 consists of senior
technical experts from the Office of Subsistence Management, U.S. Fish
and Wildlife Service, National Park Service, Bureau of Land Management,
Bureau of Indian Affairs, and USDA-Forest Service (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 (hereafter referred to as
``the 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
[[Page 34153]]
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. Those modifications, 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
Federal Register citation Date of publication of __.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.
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.
89 FR 14746........................ February 29, 2024.......... Fish.
89 FR 70348........................ August 29, 2024............ Wildlife.
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Current Rulemaking Action
The Departments published a proposed rule, Subsistence Management
Regulations for Public Lands in Alaska--2025-26 and 2026-27 Subsistence
Taking of Fish and Shellfish Regulations, on March 22, 2024 (89 FR
20380), to amend the regulations in subparts C and D of 36 CFR part 242
and 50 CFR part 100 for seasons, harvest limits, and methods and means
related to taking of fish and shellfish for subsistence uses. Since the
Department of the Interior Federal subsistence regulations were
subsequently relocated from 50 CFR part 100, the regulations referenced
in the remainder of this document will be 36 CFR part 242 and 43 CFR
part 51.
The proposed rule opened a comment period that closed on May 21,
2024. The Departments advertised the proposed rule on the Program's web
page and by email, social media, radio, and newspaper. The Councils met
March 5-8, 2024, and in addition to other business, received
suggestions for proposals from the public. The Board received a total
of 24 proposals. Two proposals were withdrawn, and three proposals were
classified as invalid. One proposal was invalidated because it
requested a special action, which is outside the scope of the proposed
rule. Another was invalidated because it was submitted past the
deadline. The third proposal was invalidated because it requested a
regulation change where there are no Federal public lands. The Board
received two valid proposals for changes to subpart C (customary and
traditional use determinations) and 17 valid proposals for changes to
subpart D regulations (which are specific provisions regarding the take
of fish and wildlife). In addition, four fisheries closure reviews were
presented for comment as required by Board policy that specifies a
review of each closure at least every 4 years. The Board also addressed
one nonrural determination proposal submitted during the 2023-2025
fisheries proposal cycle (87 FR 15155, March 17, 2022) and one proposal
that was deferred from the previous wildlife regulatory cycle (88 FR
12285, February 27, 2023).
The public submitted 10 comments, which are available for review at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FWS-R7-SM-2023-0214-0001. The
Board 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 proposals that were presented to the Board; therefore,
the issues raised were 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 posted the proposals on
the Program website and distributed a news release notifying the
public. The public then had 30 days, until July 8, 2024, to comment on
the proposed regulatory changes.
The 10 Councils met again between August 19 and October 30, 2024,
received public comments, and formulated their recommendations to
[[Page 34154]]
the Board on proposals for their respective regions. The public also
had an opportunity to comment at the Board meeting. 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 February 4-7, 2025.
Summary of Board Actions on Proposals and Closure Reviews
The Board's actions on each 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:
<bullet> provides a subsistence priority on public lands;
<bullet> is supported by substantial scientific evidence and
traditional ecological knowledge (TEK);
<bullet> recognizes principles of fish and wildlife conservation;
<bullet> provides opportunity; and
<bullet> would not be detrimental to 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 concerning a proposed
regulatory action among the affected Councils, a majority of the
Interagency Staff Committee members, and the Alaska Department of Fish
and Game (ADF&G). 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 may be taken off the
consensus agenda following the agreement of at least one Board member;
such proposals or closure reviews then follow the Board process for
non-consensus items and are deliberated and voted on individually.
FP25-03a and FP25-03b, customary and traditional use determination
proposals for the community of Tolsona, AK, were moved from the
consensus agenda to the non-consensus agenda at the request of a member
of the public and agreement by a Board member. Of the proposals and
closure reviews being considered, 8 were on the Board's non-consensus
agenda, and 17 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 four as
they were written, adopted six with modifications, and rejected four.
Of the closure reviews on the consensus agenda, the Board retained the
status quo on two and took no action on 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 for the meeting that
occurred February 4-7, 2025 in Anchorage, AK. Documents are available
for review at the Office of Subsistence Management (OSM), 1011 East
Tudor Road, Mail Stop 121, Anchorage, AK 99503; at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FWS-R7-SM-2022-0105; or on the OSM
website (<a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>).
Non-consensus agenda: Of the proposals on the non-consensus agenda,
the Board adopted one as it was written, adopted one with modification,
deferred three, and rejected two. The Board retained the status quo on
the one closure review on the non-consensus agenda. Analysis and
justification for the action taken on each item on the non-consensus
agenda can be found in the Board meeting book and transcripts.
Documents are available for review at the Office of Subsistence
Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503;
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FWS-R7-SM-2022-0105; or on
the OSM website (<a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>).
Table 2--Federal Subsistence Board Actions on Proposed Revisions to the Regulations for the Federal Subsistence
Management Program
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Federal Subsistence
Proposal No. Species or issue Location or area General description Board action and
basis for decision
----------------------------------------------------------------------------------------------------------------
NDP25-01.............. Nonrural Southeastern Alaska Request to change Adopt. Ketchikan
determination. Area. status of Ketchikan exhibits rural
from nonrural to characteristics to
rural. the extent that the
community should be
considered rural.
WP24-01............... Brown bear........... Statewide............ General regulations: Defer to Board
Allow for sale of summer work session
brown bear hides. to allow Councils
to provide updated
recommendations
based on new
information
provided to the
Board.
WP25-01............... Caribou.............. Units 11, 12, 13..... Change all Nelchina Adopt with
caribou herd modification
subsistence hunts (consensus agenda).
to ``may be
announced,''
delegate authority
to manage hunts,
and conduct an
ANILCA section 804
user prioritization.
FP25-01............... Salmon............... Southeastern Alaska Set seasons, gear Defer action pending
Area. types, harvest coordination and
limits, and area consultation with
for subsistence the Pacific Salmon
salmon harvest in Commission.
the Taku River.
FP25-02............... Eulachon............. Southeastern Alaska Close harvest of Defer due to action
Area. eulachon in Unuk on NDP25-01
River to all but recognizing
federally qualified Ketchikan as rural.
subsistence users.
FCR25-03.............. Herring.............. Southeastern Alaska Review closure of Retain status quo
Area. Makhnati Island (consensus agenda).
herring to non-
federally qualified
users.
FP25-03a.............. Salmon............... Prince William Sound Tolsona customary Reject in deference
Area. and traditional use to Council
request for salmon recommendations.
in the Chitina
Subdistrict.
[[Page 34155]]
FP25-03b.............. Nonsalmon fish....... Prince William Sound Tolsona customary Reject in deference
Area. and traditional use to Council
request for recommendations.
nonsalmon fish in
the Chitina
Subdistrict.
Salmon............... Prince William Sound Align Prince William Invalid.
Area. Sound areas and
limits with new
State regulations.
FP25-04............... Salmon............... Kodiak Area.......... Adjust the in-river Reject (consensus
subsistence salmon agenda).
harvest limits for
the Buskin River.
FP25-05............... Salmon............... Kodiak Area.......... Limit gear type to Adopt (consensus
rod and reel for agenda).
salmon in
previously closed
area of Afognak Bay.
FP25-06............... Salmon............... Kodiak Area.......... Rescind harvest Reject (consensus
limits for salmon agenda).
in the Kodiak Road
Zone.
FP25-07............... All fish............. Alaska Peninsula Area Adjustments to area Adopt with OSM
fishing modification
regulations, (consensus agenda).
including
permitting.
FP25-08............... All fish............. Aleutian Islands Area Adjustments to area Adopt with OSM
fishing modification
regulations, (consensus agenda).
including
permitting.
FP25-09............... All fish............. Bristol Bay Area..... Allowance for use of Adopt with OSM
red buoys with modification
subsistence gear in (consensus agenda).
Bristol Bay Area.
FP25-10............... All fish............. Bristol Bay Area..... Repeal area closure Adopt with OSM
to use of nets modification
within 300 feet of (consensus agenda).
a stream mouth used
by salmon.
FP25-11............... Salmon............... Bristol Bay Area..... Allow additional Adopt with OSM
methods and gear modification
types in the (consensus agenda).
Bristol Bay Area.
FP25-12............... Salmon............... Bristol Bay Area..... Repeal Togiak River Adopt (consensus
subsistence salmon agenda).
marking requirement.
FP25-13............... Salmon............... Bristol Bay Area..... Rescind Egegik River Reject (consensus
subsistence set agenda).
gillnet length
restrictions.
FP25-14............... Salmon............... Bristol Bay Area..... Add gear types for Adopt (consensus
harvest of salmon agenda).
in waters of the
Togiak National
Wildlife Refuge.
FP25-15............... All fish............. Kuskokwim Area....... Decrease allowable Reject (consensus
distance between agenda).
subsistence set
gillnets in
tributaries of part
of the Kuskokwim
River.
Moose................ Kuskokwim Area....... Temporary closure of Invalid.
fishing by non-
federally qualified
users.
FP25-16............... Nonsalmon fish....... Yukon-Northern Area.. Specify subsistence Adopt (consensus
gear types and agenda).
arctic grayling
harvest and
possession limits
in portions of
Bonanza Creek and
Kanuti River
drainages.
FP25-17............... Nonsalmon fish....... Yukon-Northern Area.. Rescind closure to Adopt with OSM
subsistence fishing modification in
in the Delta River deference to
and allow only rod Council
and reel gear. recommendation.
FCR23-05.............. Nonsalmon fish....... Yukon-Northern Area.. Review closure of Take no action
subsistence fishing (consensus agenda).
in the Delta River.
FCR25-02.............. Arctic grayling...... Yukon-Northern Area.. Review closure of Retain status quo in
arctic grayling deference to the
subsistence harvest Council.
in Nome Creek
drainage of Beaver
Creek.
FCR25-01.............. Chinook salmon....... Norton Sound-Port Review closure to Retain status quo
Clarence Area. harvest of chinook (consensus agenda).
salmon in the
Unalakleet River,
upstream from the
mouth of the
Chirosky River from
July 1 to July 31.
Salmon............... Norton Sound-Port Remove weekly Invalid.
Clarence Area. closures for
freshwater set
netting.
----------------------------------------------------------------------------------------------------------------
The final regulations in this document reflect Board review and
consideration of Council recommendations, Tribal and Alaska Native
corporation consultations, and public and ADF&G comments. The proposals
and closure reviews indicated above in table 2 as ``adopt'' or ``adopt
with modification'' are reflected in the rule portion of this document
as amendments to the Program regulations. While all public comments
received on the proposed rule were considered, some were outside the
scope of this rulemaking action. 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 43 CFR part 51.
[[Page 34156]]
This rule also corrects an error resulting from a prior final rule
published on August 29, 2024 (89 FR 70366). That rule mistakenly
deleted a single regulation at Sec. __.26(n)(17)(iii)(E) regarding
hunting provisions in Unit 17. That regulation had been adopted by the
Board and set forth in a final rule on February 29, 2024 (89 FR 14756).
This rule adds that regulation back into Sec. __.26.
Compliance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and
involvement in compliance with the Administrative Procedure Act (5
U.S.C. 551 et seq.), 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 to request reconsideration of the Board's decision on
any proposal for regulatory change (36 CFR 242.20 and 43 CFR 51.20).
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 program.
National Environmental Policy Act
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 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Federal Subsistence Management 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 the
subsistence program regulations was conducted in accordance with
section 810. This evaluation also supported the Secretaries'
determination that the regulations 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 43 CFR part 51 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. This control number has an expiration date of 11/30/
2027.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
According to Executive Order 12866, as reaffirmed by E.O. 13563,
regulations must be based on the best available science, and 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. In addition, E.O. 12866, as
reaffirmed by E.O. 13563, 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 final
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.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this rule is not a major rule. It does not have an
effect on the economy of $100 million or more, will not cause a major
increase in costs or prices for consumers, and will 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 Federal public lands and waters. The scope of
this program is limited by definition to certain public lands.
Likewise, these regulations have no potential takings of private
property
[[Page 34157]]
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. This rule will
be implemented by Federal agencies with no cost imposed on any State or
local entities or Tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
federalism assessment. Title VIII of ANILCA precludes the State from
exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
Title VIII of ANILCA does not provide rights specific 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 Regional 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 February 3, 2025, 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.
Executive Order 14153
This Executive order directs all bureaus of the Department of the
Interior to consider the Alaskan cultural significance of hunting and
fishing and the statutory priority of subsistence management required
by ANILCA, to conduct meaningful consultation with the State fish and
wildlife management agencies prior to enacting regulations that affect
the ability of Alaskans to hunt and fish on public lands, and to ensure
to the greatest extent possible that hunting and fishing opportunities
on Federal lands are consistent with similar opportunities on State
lands.
The Board offered consultation with the State of Alaska on all
matters addressed during this regulatory cycle. In addition, the State
was afforded opportunities to provide input into the analyses of all of
the proposed changes to the regulations and to provide comments to the
Councils and the Board on regulatory matters being considered. The
Board considered all comments and information provided by the State in
this process. The Board also reviewed applicable State regulations.
Deviations in consistency between State and Federal hunting and fishing
opportunities were minimized to the extent possible while the Program
continued to meet the mandates of ANILCA.
Executive Order 14192
This Executive order requires that, for each new regulation issued,
at least 10 prior regulations be identified for elimination. The
purpose is to ensure that the cost of planned regulations is
responsibly managed and controlled through a rigorous regulatory
budgeting process. The Program's rulemaking does not create new
regulations, rather it revises existing regulations. Since this
rulemaking does not create new regulations, it does not necessitate the
identification of regulations for recission.
Drafting Information
Justin Koller drafted this rule under the guidance of Crystal
Leonetti of the Office of Subsistence Management, Anchorage, Alaska.
Additional assistance was provided by:
<bullet> Chris McKee, Alaska State Office, Bureau of Land
Management;
<bullet> Dr. Kim Jochum, Alaska Regional Office, National Park
Service;
<bullet> Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
<bullet> Jill Klein, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
<bullet> Gregory Risdahl, Alaska Regional Office, USDA-Forest
Service.
List of Subjects in 36 CFR Part 242 and 43 CFR Part 51
Administrative practice and procedure, Alaska, Fish and shellfish,
National forests, Public lands, Reporting and recordkeeping
requirements, Wildlife.
For the reasons set out in the preamble, the Federal Subsistence
Board amends 36 CFR part 242 and 43 CFR part 51, 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 43 CFR part 51
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. __.23 by revising paragraph (a) to read as follows:
Sec. __.23 Rural Determinations.
(a) The Board has determined all communities and areas to be rural
in accordance with Sec. _.15 except the following: Fairbanks North
Star Borough; Homer area--including Homer, Anchor Point, Kachemak City,
and Fritz Creek; Juneau area--including Juneau, West Juneau, and
Douglas; Kenai area--including Kenai, Soldotna, Sterling, Nikiski,
Salamatof, Kalifornsky, Kasilof, and Clam Gulch; Municipality of
Anchorage; Seward area--including Seward and Valdez, and Wasilla/Palmer
area--including Wasilla, Palmer, Sutton, Big Lake, Houston, and
Bodenburg Butte.
* * * * *
Subpart D--Subsistence Taking of Fish and Wildlife
0
3. Amend Sec. __.26 in paragraph (n) by revising:
[[Page 34158]]
0
a. Table 11 to paragraph (n)(11);
0
b. Table 12 to paragraph (n)(12);
0
c. Table 13 to paragraph (n)(13); and
0
d. Paragraph (n)(17)(iii).
The revisions read as follows:
Sec. __.26 Subsistence taking of wildlife.
* * * * *
(n) * * *
(11) * * *
Table 11 to Paragraph (n)(11)
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting
------------------------------------------------------------------------
Bear, black: 3 bears....................... July 1-June 30.
Bear, brown: 1 bear........................ Aug. 10-June 15.
Caribou: 1 bull by Federal registration May be announced.
permit.
The Wrangell-St. Elias National Park ...........................
and Preserve Superintendent, in
consultation with the Alaska
Department of Fish and Game, Office of
Subsistence Management, and Chairs of
the affected Councils, may announce
season dates, harvest quotas, and the
number of permits to be issued, open
and close seasons, and define harvest
areas.
Federal public lands in Unit 11 north ...........................
of the Sanford River are closed to
caribou hunting except by residents of
Chistochina, Gakona, Glennallen,
Gulkana, Mentasta Lake, and Slana/
Nabesna Road hunting under this part.
Federal public lands in Unit 11 ...........................
remainder are closed to caribou
hunting except by residents of
Chitina, Copper Center/Silver Springs,
Kenny Lake/Willow Creek, Gakona,
Glennallen, Gulkana, McCarthy,
McCarthy Road, Tazlina, and Tonsina
hunting under this part.
Sheep:
1 ram.................................. Aug. 10-Sep. 20.
1 sheep by Federal registration permit Aug. 1-Oct. 20.
only by persons 60 years of age or
older. Ewes accompanied by lambs or
lambs may not be taken.
Goat:
Unit 11, that portion within the Aug. 25-Dec. 31.
Wrangell-St. Elias National Park and
Preserve that is bounded by the
Chitina and Nizina Rivers on the
south, the Kennicott River and glacier
on the southeast, and the Root Glacier
on the east--1 goat by Federal
registration permit only.
Unit 11, the remainder of the Wrangell- Aug. 10-Dec. 31.
St. Elias National Park and Preserve--
1 goat by Federal registration permit
only.
Unit 11, that portion outside of the No open season.
Wrangell-St. Elias National Park and
Preserve.
Federal public lands will be closed by ...........................
announcement of the Superintendent,
Wrangell-St. Elias National Park and
Preserve, to the harvest of goats when
a total of 45 goats has been harvested
between Federal and State hunts.
Moose:
Unit 11, that portion draining into the Aug. 20-Sep. 20.
east bank of the Copper River upstream
from and including the Slana River
drainage--1 antlered bull by joint
Federal/State registration permit.
Unit 11, that portion south and east of Aug. 20-Sep. 20;
a line running along the north bank of Nov. 20-Jan. 20.
the Chitina River, the north and west
banks of the Nazina River, and the
west bank of West Fork of the Nazina
River, continuing along the western
edge of the West Fork Glacier to the
summit of Regal Mountain--1 bull by
Federal registration permit. However,
during the period Aug. 20-Sep. 20,
only an antlered bull may be taken.
Unit 11, remainder--1 antlered bull by Aug. 20-Sep. 20.
Federal registration permit only.
Muskrat: No limit.......................... Sep. 20-June 10.
Beaver: 1 beaver per day, 1 in possession.. June 1-Oct. 10.
Coyote: 10 coyotes......................... Aug. 10-Apr. 30.
Fox, red (including cross, black, and Sep. 1-Mar. 15.
silver phases): 10 foxes; however, no more
than 2 foxes may be taken prior to Oct. 1.
Hare, snowshoe: No limit................... July 1-June 30.
Lynx: 2 lynx............................... Nov. 10-Feb. 28.
Wolf: 10 wolves............................ Aug. 10-Apr. 30.
Wolverine: 1 wolverine..................... Sep. 1-Feb. 28.
Grouse (spruce, ruffed, and sharp-tailed): Aug. 10-Mar. 31.
15 per day, 30 in possession.
Ptarmigan (rock, willow, and white-tailed): Aug. 10-Mar. 31.
20 per day, 40 in possession.
------------------------------------------------------------------------
Trapping
------------------------------------------------------------------------
Beaver: No limit........................... Sep. 25-May 31.
Coyote: No limit........................... Nov. 10-Mar. 31.
Fox, red (including cross, black, and Nov. 10-Feb. 28.
silver phases): No limit.
Lynx: No limit............................. Nov. 10-Feb. 28.
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.
------------------------------------------------------------------------
(12) * * *
[[Page 34159]]
Table 12 to Paragraph (n)(12)
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting
------------------------------------------------------------------------
Bear, black: 3 bears............................ July 1-June 30.
Bear, brown: 1 bear............................. Aug. 10-June 30.
Caribou:
Unit 12, that portion within the Wrangell- No open season.
St. Elias National Park and Preserve that
lies west of the Nabesna River and the
Nabesna Glacier. All hunting of caribou is
prohibited on Federal public lands.
Unit 12, that portion east of the Nabesna Aug. 10-Sep. 30.
River and the Nabesna Glacier and south of
the Winter Trail running southeast from
Pickerel Lake to the Canadian border--1
bull by Federal registration permit only.
Federal public lands are closed to the ......................
harvest of caribou except by federally
qualified subsistence users hunting under
this part.
Unit 12, remainder--1 bull.................. May be announced
between Sep. 1-20.
OR ......................
1 caribou by Federal registration permit.... Winter season may be
announced between
Oct. 1-Apr. 30.
The Tetlin National Wildlife Refuge Manager, ......................
in consultation with the Wrangell-St. Elias
National Park and Preserve Superintendent,
Alaska Department of Fish and Game area
biologists, Office of Subsistence
Management, and Chairs of the Eastern
Interior Alaska Subsistence Regional
Advisory Council and Upper Tanana/Fortymile
Fish and Game Advisory Committee may
announce season dates and harvest quotas,
open and close seasons, and for the winter
season, set sex restrictions.
Federal public lands in Unit 12 remainder ......................
are closed to caribou hunting except by
residents of Alcan Border, Chistochina, Dot
Lake, Mentasta Lake, Mentasta Pass,
Northway, Tanacross, Tetlin, and Tok
hunting under this part.
Sheep:
Unit 12--1 ram with full curl or larger horn Aug. 10-Sep. 20.
Unit 12, that portion within Wrangell-St. Aug. 1-Oct. 20.
Elias National Park and Preserve--1 ram
with full curl horn or larger by Federal
registration permit only by persons 60
years of age or older.
Moose:
Unit 12, that portion within the Tetlin Aug. 24-Sep. 20; Nov.
National Wildlife Refuge and those lands 1-Feb. 28.
within 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--1
antlered bull by Federal registration
permit.
Unit 12, that portion east of the Nabesna Aug. 24-Sep. 30.
River and Nabesna Glacier, and south of the
Winter Trail running southeast from
Pickerel Lake to the Canadian border--1
antlered bull.
Unit 12, that portion within the Nabesna Aug. 20-Sep. 20.
River drainage west of the east bank of the
Nabesna River upstream from the southern
boundary of Tetlin National Wildlife
Refuge--1 antlered bull by joint Federal/
State registration permit only.
Unit 12, remainder--1 bull.................. Aug. 24-28; Sep. 8-20.
Beaver: Unit 12, Wrangell-St. Elias National Sep. 20-May 15.
Park and Preserve--6 beavers per season. Meat
from harvested beaver must be salvaged for
human consumption.
Coyote: 10 coyotes.............................. Aug. 10-Apr. 30.
Fox, red (including cross, black, and silver Sep. 1-Mar. 15.
phases): 10 foxes; however, no more than 2
foxes may be taken prior to Oct. 1.
Hare, snowshoe: No limit........................ July 1-June 30.
Lynx: 2 lynx.................................... Nov. 1-Mar. 15.
Wolf: 10 wolves................................. Aug. 10-Apr. 30.
Wolverine: 1 wolverine.......................... Sep. 1-Mar. 31
Grouse (spruce, ruffed, and sharp-tailed): 15 Aug. 10-Mar. 31.
per day, 30 in possession.
Ptarmigan (rock, willow, and white-tailed): 20 Aug. 10-Apr. 30.
per day, 40 in possession.
------------------------------------------------------------------------
Trapping
------------------------------------------------------------------------
Beaver: No limit. Hide or meat must be salvaged. Sep. 15-Jun 10.
Traps, snares, bow and arrow, or firearms may
be used.
Coyote: No limit................................ Oct. 15-Apr. 30.
Fox, red (including cross, black, and silver Nov. 1-Feb. 28.
phases): No limit.
Lynx: No limit.................................. Nov. 1-Mar. 15.
Marten: No limit................................ Nov. 1-Feb. 28.
Mink and Weasel: No limit....................... Nov. 1-Feb. 28.
Muskrat: No limit............................... Sep. 20-June 10.
Otter: No limit................................. Nov. 1-Apr. 15.
Wolf: No limit.................................. Oct. 1-Apr. 30.
Wolverine: No limit............................. Nov. 1-Feb. 28.
------------------------------------------------------------------------
(13) * * *
[[Page 34160]]
Table 13 to Paragraph (n)(13)
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting
------------------------------------------------------------------------
Bear, black: 3 bears............................ July 1-June 30.
Bear, brown: 1 bear. Bears taken within Denali Aug. 10-May 31.
National Park must be sealed within 5 days of
harvest. That portion within Denali National
Park will be closed by announcement of the
Superintendent after 4 bears have been
harvested.
Caribou:
Units 13A and 13B--up to 2 caribou by May be announced
Federal registration permit only. between Aug. 1-Sep.
30.
May be announced
between Oct. 21-Mar.
31.
The Glennallen Field Office Manager, in ......................
consultation with the Alaska Department of
Fish and Game, Office of Subsistence
Management, Ahtna Intertribal Resource
Commission, and Chair of the affected
Councils, may announce season dates and
harvest quotas, open and close seasons, and
set sex restrictions and harvest limits.
Federal public lands in Unit 13A are closed ......................
to caribou hunting except by residents of
Chickaloon, Chitina, Copper Center/Silver
Springs, Gakona, Glacier View, Glennallen,
Gulkana, Lake Louise, Tazlina, and Tolsona
hunting under this part.
Federal public lands in Unit 13B are closed ......................
to caribou hunting except by residents of
Chitina, Chickaloon, Chistochina, Copper
Center/Silver Springs, Gakona, Glacier
View, Glennallen, Gulkana, Kenny Lake/
Willow Creek, Lake Louise, McCarthy,
Nelchina, Paxson, Sheep Mountain, Slana,
Tazlina, Tolsona, and Tonsina hunting under
this part.
Unit 13, remainder--2 bulls by Federal May be announced
registration permit only. between Aug. 1-Sep.
30.
May be announced
between Oct. 21-Mar.
31.
The Glennallen Field Office Manager, in ......................
consultation with the Wrangell-St. Elias
National Park and Preserve Superintendent,
Denali National Park and Preserve
Superintendent, Alaska Department of Fish
and Game, Office of Subsistence Management,
Ahtna Intertribal Resource Commission, and
Chair of the affected Councils, may
announce season dates and harvest quotas
and open and close seasons.
Federal public lands in Unit 13C are closed ......................
to caribou hunting except by residents of
Chistochina, Gakona, Glennallen, Gulkana,
Mentasta Lake, Mentasta Pass, Slana/Nabesna
Road, Tazlina, and Tolsona hunting under
this part.
Federal public lands in Unit 13D are closed ......................
to caribou hunting except by residents of
Chitina, Copper Center, Glennallen, Kenny
Lake/Willow Creek, Tazlina, Tolsona, and
Tonsina hunting under this part.
Federal public lands in Unit 13E are closed ......................
to caribou hunting except by residents of
Cantwell, Chase, Denali Village (formerly
McKinley Village), and the area between
mileposts 216-239 of the Parks Highway
(excluding residents of Denali Park
Headquarters) hunting under this part.
Sheep: Unit 13, excluding Unit 13D and the Tok Aug. 10-Sep. 20.
Management Area and Delta Controlled Use Area--
1 ram with \7/8\ curl or larger horn.
Moose:
Unit 13E--1 antlered bull moose by Federal Aug. 1-Sep. 20.
registration permit only; only 1 permit
will be issued per household.
Unit 13, remainder--1 antlered bull moose by Aug. 1-Sep. 20.
Federal registration permit only.
Beaver: 1 beaver per day, 1 in possession....... June 15-Sep. 10.
Coyote: 10 coyotes.............................. Aug. 10-Apr. 30.
Fox, red (including cross, black, and silver Sep. 1-Mar. 15.
phases): 10 foxes; however, no more than 2
foxes may be taken prior to Oct. 1.
Hare, snowshoe: No limit........................ July 1-June 30.
Lynx: 2 lynx.................................... Nov. 10-Feb. 28.
Wolf: 10 wolves................................. Aug. 10-Apr. 30.
Wolverine: 1 wolverine.......................... Sep. 1-Feb. 28.
Grouse (spruce, ruffed, and sharp-tailed): 15 Aug. 10-Mar. 31.
per day, 30 in possession.
Ptarmigan (rock, willow, and white-tailed): 20 Aug. 10-Mar. 31.
per day, 40 in possession.
------------------------------------------------------------------------
Trapping
------------------------------------------------------------------------
Beaver: No limit................................ Sep. 25-May 31.
Coyote: No limit................................ Nov. 10-Mar. 31.
Fox, red (including cross, black, and silver Nov. 10-Feb. 28.
phases): No limit.
Lynx: No limit.................................. Nov. 10-Feb. 28.
Marten: Unit 13--No limit....................... Nov. 10-Feb. 28.
Mink and Weasel: No limit....................... Nov. 10-Feb. 28.
Muskrat: No limit............................... Sep. 25-June 10.
Otter: No limit................................. Nov. 10-Mar. 31.
Wolf: No limit.................................. Oct. 15-Apr. 30.
Wolverine: No limit............................. Nov. 10-Feb. 28.
------------------------------------------------------------------------
[[Page 34161]]
* * * * *
(17) * * *
(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.
* * * * *
0
4. Amend Sec. __.27 by revising paragraphs (b)(7) and (e)(3), (5),
(6), (7), and (9) to read as follows:
Sec. __.27 Subsistence taking of fish.
* * * * *
(b) * * *
(7) You may use kegs or buoys of any color but red on any permitted
gear in the following areas:
(i) Kotzebue Area; and
(ii) Norton Sound-Port Clarence Area.
* * * * *
(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) 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. 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.
(xi) 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.
(xii) 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.
[[Page 34162]]
(xiii) In Districts 5 and 6, you may not take salmon for
subsistence purposes by drift gillnets.
(xiv) 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.
(xv) 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.
(H) In the Bonanza Creek drainage and a portion of the Kanuti River
drainage (upstream from a point 5 miles downstream of the State highway
crossing), you may harvest fish other than salmon with rod and reel
only; the grayling harvest and possession limit is 10 per day.
(I) In the Delta River drainage (excluding the Tangle Lakes
system), you may harvest fish with rod and reel only.
(xvi) In District 4, from September 21 through May 15, you may use
jigging gear from shore ice.
(xvii) 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.
(xviii) Only one subsistence fishing permit will be issued to each
household per year.
(xix) 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.
(xx) 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.
* * * * *
(5) Bristol Bay Area. The Bristol Bay Area includes all waters of
Bristol Bay, including drainages enclosed by a line from Cape Newenham
to Cape Menshikof.
(i) Unless restricted in this section, or unless under the terms of
a subsistence fishing permit, you may take fish at any time in the
Bristol Bay area.
(ii) You may not take salmon from waters within 300 feet of a
stream mouth.
(iii) You may not subsistence fish with nets in the Tazimina River
and within one-fourth mile of the terminus of those waters during the
period from September 1 through June 14.
(iv) Unless otherwise specified, you may take salmon by set
gillnet, beach seine, and dip net.
(A) You may take salmon by snagging (by handline or rod and reel),
cast net, spear, bow and arrow, or capturing by bare hand within the
Togiak National Wildlife Refuge in the Bristol Bay Area.
(B) You may also use drift gillnets not greater than 10 fathoms in
length to take salmon in the Togiak River in the first 2 river miles
upstream from the mouth of the Togiak River to the ADF&G regulatory
markers.
(C) You may also take salmon without a permit in Sixmile Lake and
its tributaries within and adjacent to the exterior boundaries of Lake
Clark National Park and Preserve unless otherwise prohibited, and Lake
Clark and its tributaries, by snagging (by handline or rod and reel),
using a spear, bow and arrow, rod and reel, or capturing by bare hand.
(D) You may also take salmon by beach seines not exceeding 25
fathoms in length and by drift gill nets in Lake Clark and Sixmile
Lake, excluding tributaries.
(E) You may also take fish (except rainbow trout) with a fyke net
and lead in tributaries of Lake Clark and the tributaries of Sixmile
Lake within and adjacent to the exterior boundaries of Lake Clark
National Park and Preserve unless otherwise prohibited.
(1) You may use a fyke net and lead only with a permit issued by
the Federal in-season manager.
(2) All fyke nets and leads must be attended at all times while in
use.
(3) All materials used to construct the fyke net and lead must be
made of wood and be removed from the water when the fyke net and lead
is no longer in use.
(v) The maximum lengths for set gillnets used to take salmon are as
follows:
(A) You may not use set gillnets exceeding 10 fathoms in length in
the Egegik River;
(B) In the remaining waters of the area, you may not use set
gillnets exceeding 25 fathoms in length.
(vi) You may not operate any part of a set gillnet within 300 feet
of any part of another set gillnet.
(vii) You must stake and buoy each set gillnet. Instead of having
the
[[Page 34163]]
identifying information on a keg or buoy attached to the gillnet, you
may plainly and legibly inscribe your first initial, last name, and
subsistence permit number on a sign at or near the set gillnet.
(viii) You may not operate or assist in operating subsistence
salmon net gear while simultaneously operating or assisting in
operating commercial salmon net gear.
(ix) You may take fish other than salmon, herring, and capelin by
gear listed in this part unless restricted under the terms of a
subsistence fishing permit.
(x) You may take salmon only under authority of a State subsistence
salmon permit (permits are issued by ADF&G) except when using a Federal
permit for fyke net and lead.
(xi) Only one State subsistence fishing permit for salmon and one
Federal permit for use of a fyke net and lead for all fish (except
rainbow trout) may be issued to each household per year.
(xii) You may take rainbow trout only by rod and reel or jigging
gear. Rainbow trout daily harvest and possession limits are two per
day/two in possession with no size limit from April 10 through October
31 and five per day/five in possession with no size limit from November
1 through April 9.
(xiii) If you take rainbow trout incidentally in other subsistence
net fisheries, or through the ice, you may retain them for subsistence
purposes.
(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 and rainbow/steelhead trout
at any time. If you take rainbow/steelhead trout incidentally in other
subsistence 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.
(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 not take fish by net in freshwater on Adak and
Kagalaska islands.
(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) A subsistence fishing permit is necessary to fish for salmon,
trout, and char, except that you do not need a permit in the Akutan,
Umnak, and Atka-Amlia Islands Districts.
(viii) You may take no more than 250 salmon for subsistence
purposes, 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.
(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 rainbow/steelhead trout, at any
time. If you take rainbow/steelhead trout incidentally in subsistence
fisheries, you may retain them for subsistence purposes.
(ii) A subsistence fishing permit is required to take salmon,
trout, and char; except a permit is not necessary to take salmon by
snagging (by handline or rod and reel), using a spear, bow and arrow,
or capturing by bare hand.
(iii) You may not take fish by net in freshwaters of Russell Creek
and Trout Creek drainages.
(iv) You may take no more than 250 salmon annually for subsistence
purposes within the Alaska Peninsula Area. In the Russell Creek or
Trout Creek drainages, for each household member listed on the permit,
you may take no more than:
(A) King salmon:
(1) 20 inches or greater in length--2 fish daily;
(2) Less than 20 inches in length--10 fish daily.
(B) Salmon, other than king salmon:
(1) 20 inches or greater in length--5 fish daily;
(2) Less than 20 inches in length--10 fish daily.
* * * * *
(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
[[Page 34164]]
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.
(C) In Afognak Bay north and west of a line from the tip of Last
Point to the tip of River Mouth Point.
(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.
* * * * *
Crystal Leonetti,
Director, Office of Subsistence Management, U.S. Department of the
Interior.
Kristin Sleeper,
Deputy Under Secretary--Natural Resources and Environment, U.S.
Department of Agriculture.
[FR Doc. 2025-13516 Filed 7-17-25; 8:45 am]
BILLING CODE 3411-15-P; 4333-15-P
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</html>Indexed from Federal Register on July 18, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.