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Forest Service, USDA § 242.4 Forest Service, USDA § 242.4 (2) Aniakchak National Monument tration lands that are closed to access and Preserve; by the general public, including all (3) Becharof National Wildlife Ref- non-navigable waters located on these uge; lands. (4) Bering Land Bridge National Pre- (e) The public lands described in serve; paragraphs (b) and (c) of this section (5) Cape Krusenstern National Monu- remain subject to change through rule- ment; making pending a Department of the (6) Chugach National Forest; Interior review of title and jurisdic- (7) Denali National Preserve and the tional issues regarding certain sub- 1980 additions to Denali National Park; merged lands beneath navigable waters (8) Gates of the Arctic National Park in Alaska. and Preserve; [70 FR 76407, Dec. 27, 2005, as amended at 71 (9) Glacier Bay National Preserve; FR 49999, Aug. 24, 2006; 74 FR 34696, July 17, (10) Innoko National Wildlife Refuge; 2009] (11) Izembek National Wildlife Ref- uge; § 242.4 Definitions. (12) Kanuti National Wildlife Refuge; The following definitions apply to all (13) Katmai National Preserve; regulations contained in this part: (14) Kenai National Wildlife Refuge; Agency means a subunit of a cabinet- (15) Kobuk Valley National Park; level Department of the Federal Gov- (16) Kodiak National Wildlife Refuge; ernment having land management au- (17) Koyukuk National Wildlife Ref- thority over the public lands including, uge; but not limited to, the U.S. Fish & (18) Lake Clark National Park and Wildlife Service, Bureau of Indian Af- Preserve; fairs, Bureau of Land Management, Na- (19) Noatak National Preserve; tional Park Service, and USDA Forest (20) Nowitna National Wildlife Ref- Service. uge; ANILCA means the Alaska National (21) Selawik National Wildlife Ref- Interest Lands Conservation Act, Pub- uge; lic Law 96–487, 94 Stat. 2371, (codified, (22) Steese National Conservation as amended, in scattered sections of 16 Area; U.S.C. and 43 U.S.C.) (23) Tetlin National Wildlife Refuge; Area, District, Subdistrict, and Section (24) Togiak National Wildlife Refuge; mean one of the geographical areas de- (25) Tongass National Forest, includ- fined in the codified Alaska Depart- ing Admiralty Island National Monu- ment of Fish and Game regulations ment and Misty Fjords National Monu- found in Title 5 of the Alaska Adminis- ment; trative Code. (26) White Mountain National Recre- Barter means the exchange of fish or ation Area; wildlife or their parts taken for sub- (27) Wrangell-St. Elias National Park sistence uses; for other fish, wildlife or and Preserve; their parts; or, for other food or for (28) Yukon-Charley Rivers National nonedible items other than money, if Preserve; the exchange is of a limited and non- (29) Yukon Flats National Wildlife commercial nature. Refuge; Board means the Federal Subsistence (30) All components of the Wild and Board as described in § 242.10. Scenic River System located outside Commissions means the Subsistence the boundaries of National Parks, Na- Resource Commissions established pur- tional Preserves, or National Wildlife suant to section 808 of ANILCA. Refuges, including segments of the Conservation of healthy populations of Alagnak River, Beaver Creek, Birch fish and wildlife means the maintenance Creek, Delta River, Fortymile River, of fish and wildlife resources and their Gulkana River, and Unalakleet River. habitats in a condition that assures (d) The regulations contained in this stable and continuing natural popu- part apply on all other public lands, lations and species mix of plants and other than to the military, U.S. Coast animals in relation to their ecosystem, Guard, and Federal Aviation Adminis- including the recognition that local 227 VerDate Mar<15>2010 17:05 Aug 03, 2011 Jkt 223138 PO 00000 Frm 00237 Fmt 8010 Sfmt 8010 Q:\36\36V2.TXT ofr150 PsN: PC150 § 242.4 36 CFR Ch. II (7–1–11 Edition) rural residents engaged in subsistence Game Management Unit or GMU means uses may be a natural part of that eco- one of the 26 geographical areas listed system; minimizes the likelihood of ir- under game management units in the reversible or long-term adverse effects codified State of Alaska hunting and upon such populations and species; en- trapping regulations and the Game sures the maximum practicable diver- Unit Maps of Alaska. sity of options for the future; and rec- Inland Waters means, for the purposes ognizes that the policies and legal au- of this part, those waters located land- thorities of the managing agencies will ward of the mean high tide line or the determine the nature and degree of waters located upstream of the management programs affecting eco- straight line drawn from headland to logical relationships, population dy- headland across the mouths of rivers or namics, and the manipulation of the other waters as they flow into the sea. components of the ecosystem. Inland waters include, but are not lim- Customary trade means exchange for ited to, lakes, reservoirs, ponds, cash of fish and wildlife resources regu- streams, and rivers. lated in this part, not otherwise pro- Marine Waters means, for the pur- hibited by Federal law or regulation, to poses of this part, those waters located support personal and family needs; and seaward of the mean high tide line or does not include trade which con- the waters located seaward of the stitutes a significant commercial en- straight line drawn from headland to terprise. headland across the mouths of rivers or Customary and traditional use means a other waters as they flow into the sea. long-established, consistent pattern of Person means an individual and does use, incorporating beliefs and customs not include a corporation, company, which have been transmitted from gen- partnership, firm, association, organi- eration to generation. This use plays zation, business, trust, or society. an important role in the economy of Public lands or public land means: the community. (1) Lands situated in Alaska which FACA means the Federal Advisory are Federal lands, except— Committee Act, Public Law 92–463, 86 (i) Land selections of the State of Stat. 770 (codified as amended, at 5 Alaska which have been tentatively ap- U.S.C. Appendix II, 1–15). proved or validly selected under the Family means all persons related by Alaska Statehood Act and lands which blood, marriage, or adoption or any have been confirmed to, validly se- other person living within the house- lected by, or granted to the Territory hold on a permanent basis. of Alaska or the State under any other Federal Advisory Committees or Fed- provision of Federal law; eral Advisory Committee means the (ii) Land selections of a Native Cor- Federal Local Advisory Committees as poration made under the Alaska Native described in § 242.12. Claims Settlement Act, 43 U.S.C. 1601 Federal lands means lands and waters et seq., which have not been conveyed and interests therein the title to which to a Native Corporation, unless any is in the United States, including navi- such selection is determined to be in- gable and non-navigable waters in valid or is relinquished; and which the United States has reserved (iii) Lands referred to in section 19(b) water rights. of the Alaska Native Claims Settle- Fish and wildlife means any member ment Act, 43 U.S.C. 1618(b). of the animal kingdom, including with- (2) Notwithstanding the exceptions in out limitation any mammal, fish, bird paragraphs (1)(i) through (iii) of this (including any migratory, nonmigra- definition, until conveyed or interim tory, or endangered bird for which pro- conveyed, all Federal lands within the tection is also afforded by treaty or boundaries of any unit of the National other international agreement), am- Park System, National Wildlife Refuge phibian, reptile, mollusk, crustacean, System, National Wild and Scenic Riv- arthropod, or other invertebrate, and ers Systems, National Forest Monu- includes any part, product, egg, or off- ment, National Recreation Area, Na- spring thereof, or the carcass or part tional Conservation Area, new Na- thereof. tional forest or forest addition shall be 228 VerDate Mar<15>2010 17:05 Aug 03, 2011 Jkt 223138 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Q:\36\36V2.TXT ofr150 PsN: PC150 Forest Service, USDA § 242.5 treated as public lands for the purposes shoot, trap, net, capture, collect, kill, of the regulations in this part pursuant harm, or attempt to engage in any to section 906(o)(2) of ANILCA. such conduct. Regional Councils or Regional Council Year means calendar year unless an- means the Regional Advisory Councils other year is specified. as described in § 242.11. Reserved water right(s) means the Fed- [67 FR 30563, May 7, 2002, as amended at 69 eral right to use unappropriated appur- FR 60962, Oct. 14, 2004] tenant water necessary to accomplish the purposes for which a Federal res- § 242.5 Eligibility for subsistence use. ervation was established. Reserved (a) You may take fish and wildlife on water rights include nonconsumptive public lands for subsistence uses only if and consumptive uses. you are an Alaska resident of a rural Resident means any person who has area or rural community. The regula- his or her primary, permanent home tions in this part may further limit for the previous 12 months within Alas- your qualifications to harvest fish or ka and whenever absent from this pri- wildlife resources for subsistence uses. mary, permanent home, has the inten- If you are not an Alaska resident or are tion of returning to it. Factors dem- a resident of a non-rural area or com- onstrating the location of a person’s munity listed in § 242.23, you may not primary, permanent home may include, take fish or wildlife on public lands for but are not limited to: the address list- subsistence uses under the regulations ed on an Alaska Permanent Fund divi- in this part.
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