§ 241.20 36 CFR Ch. II (7–1–12 Edition)

the protection, management, and utili- (c) Nothing in these regulations is in- zation of game and non-game animals, tended to enlarge or diminish the re- game and non-game birds, and fish, sponsibility and authority of the State upon national forest lands of the char- of for management of fish and acter referred to in paragraph (a) of wildlife. this section. The Chief of the Forest (d) The primary purpose for the man- Service may authorize the acceptance agement of the Copper -Rude of contributions from cooperators for River addition and the Copper River- the payment of expenses incurred in Bering River portion of the Chugach carrying out the provisions of this sec- National Forest, Alaska, is the con- tion. servation of fish and wildlife and their (c) When necessary for the protection habitat. Consistent with the regula- of the forest or the conservation of ani- tions at part 219 of this chapter, direc- mal life on refuges under paragraphs tion for managing the fish and wildlife (a) and (b) of this section, the Chief of resources of these units shall be docu- the Forest Service may sell, barter, ex- mented in the land management plan change, or donate game and non-game for the . animals. When the interests of game conservation will be promoted thereby, § 241.21 Definitions. the Chief of the Forest Service may ac- For the purpose of this subpart, the cept donations of game and non-game terms listed in this section shall be de- animals, game and non-game birds, and fined as follows: fish, or the eggs of birds and fish. ANILCA refers to the Alaska Na- tional Interest Lands Conservation Act Subpart B—Conservation of Fish, (16 U.S.C. 3101 et seq.) Wildlife, and Their Habitat, Federal lands mean lands the title to Chugach National Forest, which is in the , but does not include those lands: (1) Tentatively Alaska approved, legislatively conveyed, or patented to the State of Alaska, or (2) SOURCE: 56 FR 63463, Dec. 4, 1991, unless interim-conveyed or patented to a Na- otherwise noted. tive corporation or person. Fish and Wildlife means any member § 241.20 Scope and applicability. of the animal kingdom, including with- (a) The regulations in this subpart out limitation any mammal, fish, bird, apply to management of the Copper amphibian, reptile, mollusk, crusta- River-Rude River addition and Copper cean, arthropod, or other invertebrate, River-Bering River portion of the Chu- and includes any part, product, egg, or gach National Forest, for the conserva- offspring thereof, or dead body or part tion of fish, wildlife and their habitat thereof. For the purposes of this sub- as required by the Alaska National In- part, birds also include any migratory terest Lands Conservation Act (16 or endangered bird for which protec- U.S.C. 539). These regulations supple- tion is afforded by treaty or other ment the general regulations governing international agreement. use and occupancy of National Forest Land means lands, waters, and inter- System lands nationwide in 36 CFR ests therein. part 251—Land Uses. Multiple-use activity is a specific man- (b) The rules of this subpart are ap- agement or permitted activity, use, plicable only on Federally-owned lands measure, course of action, or treat- within the boundaries of the Copper ment of National Forest System lands River-Rude River addition and the Cop- carried out under the statutory charter per River-Bering River portion of the of the Multiple-Use Sustained-Yield Chugach National Forest, Alaska, Act of 1960 (16 U.S.C. 528 et seq.) and the known as the Copper River Manage- National Forest Management Act (16 ment Area and as described and dis- U.S.C. 1600 et seq.). played in the Chugach National Forest Responsible Forest Officer is the Forest Land and Resource Management Plan, Service employee who has the author- July 1984. ity to select, authorize, permit and/or

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carry out a specific multiple-use activ- this subpart. Prior to taking action to ity. terminate, suspend, restrict, or require modification of an activity under this § 241.22 Consistency determinations. section, the responsible Forest Officer (a) Subject to valid existing rights, a shall give affected parties reasonable multiple-use activity may be permitted prior notice and an opportunity to or authorized within the areas of the comment, unless it is determined that Chugach National Forest subject to doing so would likely result in irrep- this subpart only after a determination arable harm to conservation of fish, by the responsible Forest Officer that wildlife, and their habitat. such activity is consistent with the (f) Decisions made pursuant to this conservation of fish, wildlife, and their section are subject to appeal only as habitat. A use or activity may be de- provided in 36 CFR parts 217 and 251, termined to be consistent if it will not subpart C. materially interfere with or detract (g) Nothing in this section affects from the conservation of fish, wildlife subsistence activities carried out in ac- and their habitat. (b) Where an evaluation is made pur- cordance with § 241.23 of this subpart or suant to section 102(2)(C) of the Na- other applicable law. tional Environmental Policy Act of § 241.23 Taking of fish and wildlife. 1969 (42 U.S.C. 4321) for a proposed mul- tiple-use activity, and the responsible (a) The taking of fish and wildlife by Forest Officer prepares an environ- hunting, trapping, or fishing from mental impact statement (EIS) or en- lands subject to the rules of this sub- vironmental assessment (EA) or cat- part is authorized in accordance with egorically excludes an activity from applicable State and Federal law. documentation in an EA or EIS, the (b) To the extent consistent with the consistency determination required by conservation of fish and wildlife and this section for the use or activity their habitat in accordance with recog- shall be included as a part of the deci- nized scientific management prin- sion document. ciples, local rural residents who depend (c) Guidelines that are consistent upon the Chugach National Forest for with this section may be developed for subsistence needs shall continue to specific multiple-use activities as a have the opportunity to engage in a part of the planning and implementa- subsistence way of life on the lands to tion process required by the National which this subpart applies pursuant to Forest Management Act and the imple- applicable State and Federal law. menting regulations at 36 CFR part 219, (c) To the extent consistent with the National Forest System Land and Re- source Management Planning. conservation of fish and wildlife and (d) Subject to valid existing rights, their habitat, the continuation of ex- the responsible Forest Officer may in- isting uses and the future establish- corporate into any permit or other au- ment and use of temporary campsites, thorization issued pursuant to 36 CFR tent, platforms, shelters, and other part 251 or other regulations of this temporary facilities and equipment di- chapter any reasonably practicable rectly and necessarily related to the measures that are determined to be taking of fish and wildlife may be au- necessary to maintain consistency thorized in accordance with applicable with the conservation of fish, wildlife, law and regulations. However, the For- and their habitat as provided by this est Supervisor may restrict or prohibit subpart. facilities or uses in the Copper River- (e) Subject to valid existing rights, Rude River addition or Copper River- the responsible Forest Officer may ter- Bering River area if it is determined, minate, suspend, restrict, or require after adequate notice to the affected modification of any activity if it is de- parties, that the continuation of such termined that such measures are re- facilities or uses would materially quired to conserve wildlife, fish, or interfere with or adversely affect the their habitat within the areas of the conservation of fish and wildlife and Chugach National Forest subject to their habitat.

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