[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR242.3]

[Page 192-193]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 242_SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC
LANDS IN ALASKA--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  242.3  Applicability and scope.

    (a) The regulations in this part implement the provisions of Title 
VIII or ANILCA relevant to the taking of fish and wildlife on public 
land in the State of Alaska. The regulations in this part do not permit 
subsistence uses in Glacier Bay National Park, Kenai Fjords National 
Park, Katmai National Park, and that portion of Denali National Park 
established as Mt. McKinley National Park prior to passage of ANILCA, 
where subsistence taking and uses are prohibited. The regulations in 
this part do not supersede agency-specific regulations.
    (b) The regulations contained in this part apply on all public 
lands, including all inland waters, both navigable and non-navigable, 
within and adjacent to the exterior boundaries of the following areas, 
and on the marine waters as identified in the following areas:
    (1) Alaska Maritime National Wildlife Refuge, including the:
    (i) Karluk Subunit: All of the submerged land and water of the 
Pacific Ocean (Sheliokof Strait) extending 3,000 feet from the shoreline 
between a point on the spit at the meander corner common to Sections 35 
and 36 of Township 30 South, Range 33 West, and a point approximately 
1\1/4\ miles east of Rocky Point within Section 14 of Township 29 South, 
Range 31, West, Seward Meridian as described in Public Land Order 128, 
dated June 19, 1943;
    (ii) Womens Bay Subunit: Womens Bay, Gibson Cove, portions of St. 
Paul Harbor and Chiniak Bay: All of the submerged land and water as 
described in Public Land Order 1182, dated July 7, 1955 (U.S. Survey 
21539);
    (iii) Afognak Island Subunit: A submerged lands and waters of the 
Pacific Ocean lying within 3 miles of the shoreline as described in 
Proclamation No. 39, dated December 24, 1892;
    (iv) Simeonof Subunit: All of the submerged land and water of 
Simeonof Island together with the adjacent waters of the Pacific Ocean 
extending 1 mile from the shoreline as described in Public Land Order 
1749, dated October 30, 1958; and
    (v) Semidi Subunit: All of the submerged land and water of the 
Semidi Islands together with the adjacent waters of the Pacific Ocean 
lying between parallels 55[deg]57[min]57[sec]00-56[deg]15[min]57[sec]00 
North Latitude and 156[deg]30[min]00[sec]-157[deg]00[min]00[sec] West 
Longitude as described in Executive Order 5858, dated June 17, 1932;
    (2) Arctic National Wildlife Refuge, including those waters 
shoreward of the line of extreme low water starting in the vicinity of 
Monument 1 at the intersection of the International Boundary line 
between the State of Alaska and the Yukon Territory; Canada, and 
extending westerly, along the line of extreme low water across the 
entrances of lagoons such that all offshore bars, reefs and islands, and 
lagoons that separate them from the mainland to Brownlow Point, 
approximately 70 10[min] North Latitude and 145 51[min] West Longitude;
    (3) National Petroleum Reserve in Alaska, including those waters 
shoreward of a line beginning at the western bank of the Colville River 
following the highest highwater mark westerly, extending across the 
entrances of small lagoons, including Pearl Bay, Wainwright Inlet, the 
Kuk River, Kugrau Bay and River, and other small bays and river 
estuaries, and following the ocean side of barrier islands and sandspits 
within three miles of shore and the ocean side of the Plover Islands, to 
the northwestern extremity of Icy cape, at approximately 70[deg]21[min] 
North Latitute and 161 46[min] West Longitude; and
    (4) Yukon Delta National Wildlife Refuge, including Nunivak Island: 
the submerged land and water of Nunivak Island together with the 
adjacent waters of the Bering Sea extending, for Federal Subsistence 
Management purposes, 3 miles from the shoreline of Nunivak Island as 
described in Executive Order No. 5059, dated April 15, 1929.

[[Page 193]]

    (5) Southeastern Alaska--Makhnati Island Area: Land and waters 
beginning at the southern point of Fruit Island, 
5[deg]02[min]35[sec]north latitude, 135[deg]21[min]07[sec] west 
longitude as shown on United States Coast and Geodetic Survey Chart No. 
8244, May 21, 1941; from the point of beginning, by metes and bounds; S. 
58[deg] W., 2500 feet, to the southern point of Nepovorotni Rocks; S. 
83[deg] W., 5600 feet, on a line passing through the southern point of a 
small island lying about 150 feet south of Makhnati Island; N. 6[deg] 
W., 4200 feet, on a line passing through the western point of a small 
island lying about 150 feet west of Makhnati Island, to the northwestern 
point of Signal Island; N. 24[deg] E., 3000 feet, to a point, 
5[deg]03[min]15[sec] north latitude, 135[deg]23[min]07[sec] west 
longitude; East, 2900 feet, to a point in course No. 45 in meanders of 
U.S. Survey No. 1496, on west side of Japonski Island; Southeasterly, 
with the meanders of Japonski Island, U.S. Survey No. 1496 to angle 
point No. 35, on the southwestern point of Japonski Island; S. 60[deg] 
E., 3300 feet, along the boundary line of Naval reservation described in 
Executive Order No. 8216, July 25, 1939, to the point beginning.
    (c) The regulations contained in this part apply on all public 
lands, excluding marine waters, but including all inland waters, both 
navigable and non-navigable, within and adjacent to the exterior 
boundaries of the following areas:
    (1) Alaska Peninsula National Wildlife Refuge;
    (2) Aniakchak National Monument and Preserve;
    (3) Becharof National Wildlife Refuge;
    (4) Bering Land Bridge National Preserve;
    (5) Cape Krusenstern National Monument;
    (6) Chugach National Forest;
    (7) Denali National Preserve and the 1980 additions to Denali 
National Park;
    (8) Gates of the Arctic National Park and Preserve;
    (9) Glacier Bay National Preserve;
    (10) Innoko National Wildlife Refuge;
    (11) Izembek National Wildlife Refuge;
    (12) Kanuti National Wildlife Refuge;
    (13) Katmai National Preserve;
    (14) Kenai National Wildlife Refuge;
    (15) Kobuk Valley National Park;
    (16) Kodiak National Wildlife Refuge;
    (17) Koyukuk National Wildlife Refuge;
    (18) Lake Clark National Park and Preserve;
    (19) Noatak National Preserve;
    (20) Nowitna National Wildlife Refuge;
    (21) Selawik National Wildlife Refuge;
    (22) Steese National Conservation Area;
    (23) Tetlin National Wildlife Refuge;
    (24) Togiak National Wildlife Refuge;
    (25) Tongass National Forest, including Admiralty Island National 
Monument and Misty Fjords National Monument;
    (26) White Mountain National Recreation Area;
    (27) Wrangell-St. Elias National Park and Preserve;
    (28) Yukon-Charley Rivers National Preserve;
    (29) Yukon Flats National Wildlife Refuge;
    (30) All components of the Wild and Scenic River System located 
outside the boundaries of National Parks, National Preserves, or 
National Wildlife Refuges, including segments of the Alagnak River, 
Beaver Creek, Birch Creek, Delta River, Fortymile River, Gulkana River, 
and Unalakleet River.
    (d) The regulations contained in this part apply on all other public 
lands, other than to the military, U.S. Coast Guard, and Federal 
Aviation Administration lands that are closed to access by the general 
public, including all non-navigable waters located on these lands.
    (e) The public lands described in paragraphs (b) and (c) of this 
section remain subject to change through rulemaking pending a Department 
of the Interior review of title and jurisdictional issues regarding 
certain submerged lands beneath navigable waters in Alaska.

[70 FR 76407, Dec. 27, 2005, as amended at 71 FR 49999, Aug. 24, 2006]