Forest Service, USDA § 242.3 lands subject to the rules of this sub- 242.15 Rural determination process. part is authorized in accordance with 242.16 Customary and traditional use deter- applicable State and Federal law. mination process. (b) To the extent consistent with the 242.17 Determining priorities for subsist- conservation of fish and wildlife and ence uses among rural Alaska residents. 242.18 Regulation adoption process. their habitat in accordance with recog- 242.19 Special actions. nized scientific management prin- 242.20 Request for reconsideration. ciples, local rural residents who depend 242.21 [Reserved] upon the Chugach National Forest for subsistence needs shall continue to Subpart C—Board Determinations have the opportunity to engage in a subsistence way of life on the lands to 242.22 Subsistence resource regions. 242.23 Rural determinations. which this subpart applies pursuant to 242.24 Customary and traditional use deter- applicable State and Federal law. minations. (c) To the extent consistent with the conservation of fish and wildlife and Subpart D—Subsistence Taking of Fish and their habitat, the continuation of ex- Wildlife isting uses and the future establish- ment and use of temporary campsites, 242.25 Subsistence taking of fish, wildlife, tent, platforms, shelters, and other and shellfish: general regulations. 242.26 Subsistence taking of wildlife. temporary facilities and equipment di- 242.27 Subsistence taking of fish. rectly and necessarily related to the 242.28 Subsistence taking of shellfish. taking of fish and wildlife may be au- thorized in accordance with applicable AUTHORITY: 16 U.S.C. 3, 472, 551, 668dd, 3101– law and regulations. However, the For- 3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. est Supervisor may restrict or prohibit facilities or uses in the Copper River- Subpart A—General Provisions Rude River addition or Copper River- Bering River area if it is determined, SOURCE: 67 FR 30563, May 7, 2002, unless after adequate notice to the affected otherwise noted. parties, that the continuation of such facilities or uses would materially § 242.1 Purpose. interfere with or adversely affect the The regulations in this part imple- conservation of fish and wildlife and ment the Federal Subsistence Manage- their habitat. ment Program on public lands within the State of Alaska. PART 242—SUBSISTENCE MANAGE- MENT REGULATIONS FOR PUBLIC § 242.2 Authority. LANDS IN ALASKA The Secretary of the Interior and Secretary of Agriculture issue the reg- Subpart A—General Provisions ulations in this part pursuant to au- thority vested in Title VIII of the Alas- Sec. ka National Interest Lands Conserva- 242.1 Purpose. tion Act (ANILCA), 16 U.S.C. 3101–3126. 242.2 Authority. 242.3 Applicability and scope. § 242.3 Applicability and scope. 242.4 Definitions. 242.5 Eligibility for subsistence use. (a) The regulations in this part im- 242.6 Licenses, permits, harvest tickets, plement the provisions of Title VIII of tags, and reports. ANILCA relevant to the taking of fish 242.7 Restriction on use. and wildlife on public land in the State 242.8 Penalties. 242.9 Information collection requirements. of Alaska. The regulations in this part do not permit subsistence uses in Gla- Subpart B—Program Structure cier Bay National Park, Kenai Fjords National Park, Katmai National Park, 242.10 Federal Subsistence Board. and that portion of Denali National 242.11 Regional advisory councils. 242.12 Local advisory committees. Park established as Mt. McKinley Na- 242.13 Board/agency relationships. tional Park prior to passage of 242.14 Relationship to State procedures and ANILCA, where subsistence taking and regulations. uses are prohibited. The regulations in 229 VerDate Sep<11>2014 14:07 Aug 25, 2020 Jkt 250145 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Q:\36\36V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 242.3 36 CFR Ch. II (7–1–20 Edition) this part do not supersede agency-spe- shore bars, reefs and islands, and la- cific regulations. goons that separate them from the (b) The regulations contained in this mainland to Brownlow Point, approxi- part apply on all public lands, includ- mately 70°10′ North Latitude and 145°51′ ing all inland waters, both navigable West Longitude; and non-navigable, within and adjacent (3) National Petroleum Reserve in to the exterior boundaries of the fol- Alaska, including those waters shore- lowing areas, and on the marine waters ward of a line beginning at the western as identified in the following areas: bank of the Colville River following (1) Alaska Maritime National Wild- the highest highwater mark westerly, life Refuge, including the: extending across the entrances of small (i) Karluk Subunit: All of the sub- lagoons, including Pearl Bay, Wain- merged land and water of the Pacific wright Inlet, the Kuk River, Kugrau Ocean (Sheliokof Strait) extending Bay and River, and other small bays 3,000 feet from the shoreline between a and river estuaries, and following the point on the spit at the meander corner ocean side of barrier islands and common to Sections 35 and 36 of Town- sandspits within three miles of shore ship 30 South, Range 33 West, and a and the ocean side of the Plover Is- point approximately 11⁄4 miles east of lands, to the northwestern extremity Rocky Point within Section 14 of of Icy Cape, at approximately 70°21′ Township 29 South, Range 31, West, North Latitute and 161°46′ West Lon- Seward Meridian as described in Public gitude; and Land Order 128, dated June 19, 1943; (4) Yukon Delta National Wildlife (ii) Womens Bay Subunit: Womens Refuge, including Nunivak Island: the Bay, Gibson Cove, portions of St. Paul submerged land and water of Nunivak Harbor and Chiniak Bay: All of the Island together with the adjacent wa- submerged land and water as described ters of the Bering Sea extending, for in Public Land Order 1182, dated July 7, Federal Subsistence Management pur- 1955 (U.S. Survey 21539); poses, 3 miles from the shoreline of (iii) Afognak Island Subunit: All sub- Nunivak Island as described in Execu- merged lands and waters of the Pacific tive Order No. 5059, dated April 15, 1929. Ocean lying within 3 miles of the (5) Southeastern Alaska, including shoreline as described in Proclamation the: No. 39, dated December 24, 1892; (i) Makhnati Island Area: Land and (iv) Simeonof Subunit: All of the sub- waters beginning at the southern point merged land and water of Simeonof Is- of Fruit Island, 57°02′35″ north latitude, land together with the adjacent waters 135°21′07″ west longitude as shown on of the Pacific Ocean extending 1 mile United States Coast and Geodetic Sur- from the shoreline as described in Pub- vey Chart No. 8244, May 21, 1941; from lic Land Order 1749, dated October 30, the point of beginning, by metes and 1958; and bounds; S 58° W, 2,500 feet, to the south- (v) Semidi Subunit: All of the sub- ern point of Nepovorotni Rocks; S 83° merged land and water of the Semidi W, 5,600 feet, on a line passing through Islands together with the adjacent wa- the southern point of a small island ters of the Pacific Ocean lying between lying about 150 feet south of Makhnati parallels 55°57′57″00–56°15′57″00 North Island; N 6° W, 4,200 feet, on a line pass- Latitude and 156°30′00″–157°00′00″ West ing through the western point of a Longitude as described in Executive small island lying about 150 feet west Order 5858, dated June 17, 1932; of Makhnati Island, to the north- (2) Arctic National Wildlife Refuge, western point of Signal Island; N 24° E, including those waters shoreward of 3,000 feet, to a point, 57°03′15″ north the line of extreme low water starting latitude, 134°23′07″ west longitude; East, in the vicinity of Monument 1 at the 2,900 feet, to a point in course No. 45 in intersection of the International meanders of U.S. Survey No. 1496, on Boundary line between the State of west side of Japonski Island; south- Alaska and the Yukon Territory; Can- easterly, with the meanders of ada, and extending westerly, along the Japonski Island, U.S. Survey No. 1,496 line of extreme low water across the to angle point No. 35, on the south- entrances of lagoons such that all off- western point of Japonski Island; S 60° 230 VerDate Sep<11>2014 14:07 Aug 25, 2020 Jkt 250145 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Q:\36\36V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Forest Service, USDA § 242.3 E, 3,300 feet, along the boundary line of 60° W, true; thence S 60° E, true and Naval reservation described in Execu- more or less 2,000 feet to an intersec- tive Order No. 8216, July 25, 1939, to the tion with a low-water line on the eas- point of beginning, and that part of terly side of the island; thence forward Sitka Bay lying south of Japonski Is- along the winding of the low-water line land and west of the main channel, but northwesterly and southwesterly to the not including Aleutski Island as re- point of the beginning, including all voked in Public Land Order 925, Octo- adjacent rocks and reefs not covered at ber 27, 1953, described by metes and low water (Approx. Long. 132°58′ W, bounds as follows: Beginning at the Lat. 56°161⁄2′ N). southeast point of Japonski Island at (C) Cape Strait, Frederick Sound, and angle point No. 7 of the meanders of Kupreanof Island are shown on the U.S.