[Federal Register: March 29, 2006 (Volume 71, Number 60)]
[Rules and Regulations]
[Page 15569-15588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr06-10]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AU05
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--2006-07 Subsistence Taking of Fish and
Shellfish Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule.
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SUMMARY: This final rule establishes regulations for seasons, harvest
limits, methods, and means related to taking of fish and shellfish for
subsistence uses during the 2006-07 regulatory year. The rulemaking is
necessary because Subpart D is subject to an annual public review
cycle. This rulemaking replaces the fish and shellfish taking
regulations included in the ``Subsistence Management Regulations for
Public Lands in Alaska, Subpart C and Subpart D--2005-06 Subsistence
Taking of Fish and Wildlife Regulations,'' which expire on March 31,
2006. This rule also amends the Customary and Traditional Use
Determinations of the Federal Subsistence Board (Section ----.24 of
Subpart C).
DATES: Sections ----.24(a)(2) and (3) are effective April 1, 2006.
Sections ----.27 and ----.28 are effective April 1, 2006, through March
31, 2007.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Steve Kessler, Regional
Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907)
786-3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands, unless the State of Alaska enacts
and implements laws of general applicability that are consistent with
ANILCA and that provide for the subsistence definition, preference, and
participation specified in Sections 803, 804, and 805 of ANILCA. In
1978, the State implemented a program that the Department of the
Interior found to be consistent with ANILCA. However, in December 1989,
the Alaska Supreme Court ruled in McDowell v. State of Alaska that the
rural preference in the State subsistence statute violated the Alaska
Constitution. The Court's ruling in McDowell required the State to
delete the rural preference from the subsistence statute and,
therefore, negated State compliance with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture (Departments) assumed, on
July 1, 1990, responsibility for implementation of Title VIII of ANILCA
on public lands. On June 29, 1990, the Temporary Subsistence Management
Regulations for Public Lands in Alaska were published in the Federal
Register (55 FR 27114). On January 8, 1999 (64 FR 1276), the
Departments extended jurisdiction to include waters in which there
exists a Federal reserved water right. This amended rule conformed the
Federal Subsistence Management Program to the Ninth Circuit's ruling in
Alaska v. Babbitt. Consistent with Subparts A, B, and C of these
regulations, as revised May 7, 2002 (67 FR 30559), the Departments
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board's composition includes a
Chair appointed by the Secretary of the Interior with concurrence of
the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish
and Wildlife Service; the Alaska Regional Director, U.S. National Park
Service; the Alaska State Director, U.S. Bureau of Land Management; the
Alaska Regional Director, U.S. Bureau of Indian Affairs; and the Alaska
Regional Forester, USDA Forest Service. Through the Board, these
agencies participated in the development of regulations for Subparts A,
B, and C, and the annual Subpart D regulations.
All Board members have reviewed this rule and agree with its
substance. Because this rule relates to public lands managed by
agencies in both the Departments of Agriculture and the Interior,
identical text will be incorporated into 36 CFR part 242 and 50 CFR
part 100.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless otherwise amended) of the Subsistence
Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to
100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this
rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR
242.4 apply to regulations found in this subpart.
Federal Subsistence Regional Advisory Councils
Pursuant to the Record of Decision, Subsistence Management
Regulations for Federal Public Lands in Alaska, April 6, 1992, and the
Subsistence Management Regulations for Federal Public Lands in Alaska,
36 CFR 242.11 and 242.22 (2002) and 50 CFR 100.11 and 100.22 (2002),
and for the purposes
[[Page 15570]]
identified therein, we divide Alaska into 10 subsistence resource
regions, each of which is represented by a Federal Subsistence Regional
Advisory Council (Regional Council). The Regional Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to exercise a meaningful role in the
subsistence management of fish and wildlife on Alaska public lands. The
Regional Council members represent varied geographical, cultural, and
user diversity within each region.
The Regional Councils had a substantial role in reviewing the
proposed rule (70 FR 1216, January 6, 2005) and making recommendations
for this final rule. Moreover, the Council Chairs, or their designated
representatives, presented their Council's recommendations at the Board
meeting of January 10-13, 2006. Transcripts from this series of
meetings are available at http://alaska.fws.gov/asm/index.cfm.
Summary of Changes
Section ----.24 (Customary and traditional use determinations) was
originally published in the Federal Register (57 FR 22940) on May 29,
1992. Since that time, the Board has made a number of Customary and
Traditional Use Determinations at the request of impacted subsistence
users. Those modifications, along with some administrative corrections,
were last published in the Federal Register on January 6, 2005 (70 FR
1216). During its January 10-13, 2006, meeting, the Board made new
determinations in addition to various annual season and harvest limit
changes. The public has had extensive opportunity to review and comment
on all changes. Additional details on the recent Board modifications
are contained below in Analysis of Proposals Adopted by the Board.
Subpart D regulations are subject to an annual cycle and require
development of an entire new rule each year. Customary and traditional
use determinations are also subject to an annual review process
providing for modification each year. We published proposed Subpart D
regulations for the 2006-07 seasons, harvest limits, and methods and
means on January 6, 2005, in the Federal Register (70 FR 1216). A 45-
day comment period providing for public review of the proposed rule and
calling for proposals was advertised by mail, radio, and newspaper.
During that period, the Regional Councils met and, in addition to other
Regional Council business, received suggestions for proposals from the
public. The Board received a total of 34 proposals for changes to
Customary and Traditional Use Determinations or to Subpart D.
Subsequent to the review period, the Board prepared a booklet
describing the proposals and distributed it to the public. The public
had an additional 30 days in which to comment on the proposals for
changes to the regulations. The 10 Regional Councils then met again,
received public comments, and formulated their recommendations to the
Board on proposals for their respective regions. Four of the proposals
were not considered, being deferred for Board consideration in a future
cycle. These final regulations reflect Board review and consideration
of Regional Council recommendations and public comments on the
remaining proposals.
Analysis of Proposals Rejected by the Board
The Board rejected, tabled, or took no action on 14 proposals. With
three exceptions, all of these actions were based on recommendations
from at least one Regional Council.
The Board rejected one proposal requesting revisions to the
subsistence fishing schedule for the Yukon River. The Board rejected
this proposal because the current fishing schedule is a result of a
coordinated effort by users and government bodies to distribute harvest
across the run so as to not overly impact a specific stock, to rebuild
depressed salmon stocks, and for the long-term benefit of all users.
Additionally, in-season managers already have the authority to modify
the schedule when run strength is adequate to allow additional harvest
or restrict it when run strength is very weak.
The Board rejected one proposal that requested restrictions to the
depth of gill nets used by all fishermen in the Yukon River. The Board
rejected this proposal but stated its commitment to work with other
interests to resolve issues raised in and during the discussion of this
proposal.
The Board took no action on one proposal that requested a revised
customary and traditional use determination in the Prince William Sound
Fishery Management Area, because a similar proposal adopted with
modification by the Board rendered this proposal moot.
The Board rejected one proposal that would have established a fly
fishing zone on the Eyak River. The Board rejected this proposal as
unnecessary and noted that the in-season manager has the authority to
institute restrictive permit conditions if deemed appropriate for
resource conservation.
Contrary to the recommendation of the Regional Council, the Board
rejected one proposal that requested restrictions on the harvest
methods used by subsistence fishermen in a portion of the Prince
William Sound Fishery Management Area. The Board rejected this proposal
as unnecessarily restrictive for subsistence users.
Contrary to the recommendation of the Regional Council, the Board
rejected a proposal that requested restrictions on the harvest limits
for subsistence fishermen in a portion of the Prince William Sound
Fishery Management Area. The Board rejected this proposal as an
unnecessary restriction on subsistence users.
The Board took no action on one proposal that requested a
restriction on the use of fish wheels in the Upper Copper River
District, because a similar proposal adopted by the Board rendered this
proposal moot.
The Board tabled one proposal that requested a revised customary
and traditional use determination in the Southeastern Alaska Fishery
Management Area, because the Regional Council will be presenting a more
comprehensive proposal for the area in the upcoming regulatory cycle.
The Board took no action on one proposal that requested revising
the season start date for harvesting sockeye salmon in the Stikine
River, because a similar proposal adopted by the Board rendered this
proposal moot.
Contrary to the recommendation of the Regional Council, the Board
rejected a proposal that requested allowing subsistence harvested pink
salmon to be used as bait in any fishery, including the commercial
fishery occurring off of Federal public waters. The Board rejected this
proposal as an unwarranted expansion of its authority into a State-
managed fishery.
The Board rejected four proposals that would have placed additional
harvest restrictions on steelhead in southeast Alaska. These proposals
were rejected because the Board believes that proper safeguards are
already in place to protect steelhead populations, and the proposals
would have placed unnecessary restrictions on subsistence users.
Analysis of Proposals Adopted by the Board
The Board adopted 16 proposals. A number of proposals dealing with
the same issue were dealt with as a package. Some proposals were
adopted as submitted and others were adopted with modifications
suggested by the respective Regional Council or developed during the
Board's public deliberations.
[[Page 15571]]
All of the adopted proposals were recommended for adoption by at
least one of the Regional Councils and were based on meeting customary
and traditional uses, conforming with harvest practices, or protecting
fish populations. Detailed information relating to justification for
the action on each proposal may be found in the Board meeting
transcripts, available for review at the Office of Subsistence
Management, 3601 C Street, Suite 1030, Anchorage, Alaska, or on the
Office of Subsistence Management Web site (http://alaska.fws.gov/asm/index.cfm
). Additional technical clarifications and removal of excess
or duplicative text have been made, which result in a more readable
document.
In the final rule, we deleted the reference to net fishing between
Cape Douglas and Rocky Point in Sec. ----.27(i)(2) because that area
is not within jurisdiction as identified in Sec. ----.3(b). When
questions of jurisdiction are brought to our attention, we immediately
review the issue and make any appropriate modifications to our
regulations as we have done here. In addition, we revised the
regulations pertaining to specific management areas as follows:
Statewide Proposal
The Board adopted one proposal affecting all rural residents and
areas of the State, which will result in a change to the regulations
found in Sec. ----.25 that will be published the next time (June 2006)
that section is published in the Federal Register.
Permitted the sale of handicrafts made by rural Alaskans
from the nonedible byproducts (including, but not limited to skin,
shell, fins, and bones) of subsistence-harvested fish or shellfish.
Yukon-Northern Fishery Management Area
The Board adopted one proposal affecting residents of the Yukon-
Northern Fishery Management Area, resulting in the following change to
the regulations found in Sec. ----.24.
Revised the customary and traditional use determination
for freshwater fish (other than salmon) in the Tanana River drainage.
Kuskokwim Fishery Management Area
The Board adopted one proposal affecting residents of the Kuskokwim
Fishery Management Area, resulting in the following change to the
regulations found in Sec. ----.27.
Removed in a portion of the Area the fishing time
restrictions before and after commercial salmon openings.
Alaska Peninsula Fishery Management Area
The Board adopted one proposal affecting residents of the Alaska
Peninsula Fishery Management Area, resulting in the following change to
the regulations found in Sec. ----.27.
Reduced the area closed to subsistence fishing when there
are commercial salmon openings nearby.
Chignik Fishery Management Area
The Board adopted two proposals affecting residents of the Chignik
Fishery Management Area, resulting in the following changes to the
regulations found in Sec. ----.27.
Reduced the restrictions to subsistence fishing when there
are commercial salmon openings nearby.
Opened additional areas in the Chignik River to
subsistence fishing.
Cook Inlet Fishery Management Area
The Board adopted one proposal, resulting in the following change
to the regulations found in Sec. ----.24.
Established a customary and traditional use determination
for all fish species for residents of specific rural communities on the
Kenai Peninsula and a determination for salmon on the west side of Cook
Inlet.
Prince William Sound Fishery Management Area
The Board adopted four proposals affecting residents of the Prince
William Sound Fishery Management Area, resulting in the following
changes to the regulations found in Sec. Sec. ----.24 or ----.27.
Revised the customary and traditional use determination
for freshwater fish in the southern portion of the Prince William Sound
Area.
Allowed for the accumulation of Federal harvest limits
with State sport fishing limits in a portion of the area.
Required that fish wheels in the Upper Copper River
District be checked and fish removed at least once every 10 hours.
Allowed the use of a fyke net in Tanada Creek upstream of
the National Park Service weir.
Yakutat Fishery Management Area
The Board adopted two proposals for the Southeastern Alaska Fishery
Management Area that also affected residents of the Yakutat Fishery
Management Area, resulting in the following change to the regulations
found in Sec. ----.27.
Allowed the use of bait in subsistence rod and reel
fisheries.
Revised the marking requirements for subsistence-taken
salmon.
Southeastern Alaska Fishery Management Area
The Board adopted three proposals affecting residents of the
Southeastern Alaska Fishery Management Area, resulting in the following
changes to the regulations found in Sec. ----.27.
Allowed the use of bait in subsistence rod and reel
fisheries.
Aligned harvest limits for sockeye salmon in the Bay of
Pillars drainage with State harvest limits.
Revised the marking requirements for subsistence-taken
salmon.
Additionally, the Board adopted two proposals affecting residents
of the Southeastern Alaska Fishery Management Area, resulting in the
following changes to the regulations found in Sec. ----.27, that will
be implemented following consultation with the Transboundary Panel and
the Pacific Salmon Commission.
Relaxed the gillnet mesh size restrictions during the
Chinook salmon season on the Stikine River.
Changed the start date of the sockeye salmon season on the
Stikine River.
Administrative Procedure Act Compliance
The Board finds that additional public notice under the
Administrative Procedure Act (APA) for this final rule is unnecessary
and contrary to the public interest. The Board has provided extensive
opportunity for public input and involvement in excess of standard APA
requirements, including participation in multiple Regional 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 (and has been used by the public) to
request reconsideration of the Board's decision on any particular
proposal for regulatory change. Over the 15 years the Program has been
operating, no benefit to the public has been demonstrated by delaying
the effective date of regulations. A lapse in regulatory control could
seriously affect the continued viability of fish and shellfish
populations, adversely impact 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) to make this rule effective less than 30 days after publication.
[[Page 15572]]
Conformance with Statutory and Regulatory Authorities
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) for developing a
Federal Subsistence Management Program was distributed for public
comment on October 7, 1991. That document described the major issues
associated with Federal subsistence management as identified through
public meetings, written comments, and staff analysis and examined the
environmental consequences of four alternatives. Proposed regulations
(Subparts A, B, and C) that would implement the preferred alternative
were included in the DEIS as an appendix. The DEIS and the proposed
administrative regulations presented a framework for an annual
regulatory cycle regarding subsistence hunting and fishing regulations
(Subpart D). The Final Environmental Impact Statement (FEIS) was
published on February 28, 1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the Federal Subsistence Board and the
Department of the Interior's Subsistence Policy Group, the Secretary of
the Interior, with the concurrence of the Secretary of Agriculture,
through the U.S. Department of Agriculture-Forest Service, implemented
Alternative IV as identified in the DEIS and FEIS (Record of Decision
on Subsistence Management for Federal Public Lands in Alaska (ROD),
signed April 6, 1992). The DEIS and the selected alternative in the
FEIS defined the administrative framework of an annual regulatory cycle
for subsistence hunting and fishing regulations. The final rule for
Subsistence Management Regulations for Public Lands in Alaska, Subparts
A, B, and C (57 FR 22940, published May 29, 1992; amended January 8,
1999, 64 FR 1276; June 12, 2001, 66 FR 31533; May 7, 2002, 67 FR 30559;
April 30, 2003, 68 FR 23035; October 14, 2004, 68 FR 60957; and
December 27, 2005, 70 FR 76400) implemented the Federal Subsistence
Management Program and included a framework for an annual cycle for
subsistence hunting and fishing regulations.
An environmental assessment was prepared in 1997 on the expansion
of Federal jurisdiction over fisheries and is available from the office
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the
Interior, with the concurrence of the Secretary of Agriculture,
determined that the expansion of Federal jurisdiction did not
constitute a major Federal action significantly affecting the human
environment and has therefore signed a Finding of No Significant
Impact.
Compliance with Section 810 of ANILCA
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. A Section 810 analysis was completed as part of the FEIS
process. The final Section 810 analysis determination appeared in the
April 6, 1992, ROD, which concluded that the Federal Subsistence
Management Program may have some local impacts on subsistence uses, but
the program is not likely to significantly restrict subsistence uses.
Paperwork Reduction Act
The information collection requirements contained in this rule have
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and assigned
OMB control number 1018-0075, which expires August 31, 2006. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information request unless it displays a currently valid
OMB control number.
Other Requirements
Regulatory Planning and Review (Executive Order 12866)--In
accordance with the criteria in Executive Order 12866, this rule is not
a significant regulatory action subject to OMB review. OMB makes this
determination. This action will not have an annual economic effect of
$100 million or adversely affect any economic sector, productivity,
competition, jobs, the environment, or other units of government.
Therefore, a cost-benefit and economic analysis is not required. This
action will not create inconsistencies with other agencies' actions or
otherwise interfere with an action taken or planned by another agency.
This action will not materially affect entitlements, grants, user fees,
loan programs, or the rights and obligations of their recipients. This
action will not raise novel legal or policy issues.
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 economic effect on a substantial number of small entities,
which include small businesses, organizations, or governmental
jurisdictions. The Departments have determined 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.
This rulemaking will impose no significant costs on small entities;
the exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant positive economic effect on a number of
small entities, such as tackle, boat, and gasoline dealers. The number
of small entities affected is unknown; however, the fact that the
positive effects will be seasonal in nature and will, in most cases,
merely continue preexisting uses of public lands indicates that the
effects will not be significant.
In general, the resources harvested under this rule will be
consumed by the local harvester and do not result in a dollar benefit
to the economy. However, we estimate that about 26.2 million pounds of
fish (including about 9 million pounds of salmon) are harvested by the
local subsistence users annually and, if based on a replacement value
of $3.00 per pound, would equate to $78.6 million in food value
Statewide.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence preference on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
The Service has determined and certifies 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. The implementation of this rule
is by Federal agencies, and no cost is involved to any State or local
entities or Tribal governments.
The Service has determined that these final regulations meet the
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive
Order 12988 (Civil Justice Reform).
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 management authority over wildlife resources on Federal
lands.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations
[[Page 15573]]
with Native American Tribal Governments'' (59 FR 22951), 512 DM 2, and
E.O. 13175, we have evaluated possible effects on Federally recognized
Indian tribes and have determined that there are no effects. The Bureau
of Indian Affairs is a participating agency in this rulemaking.
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As this rule is not a
significant regulatory action under Executive Order 13211, affecting
energy supply, distribution, or use, this action is not a significant
action and no Statement of Energy Effects is required.
Drafting Information
William Knauer drafted these regulations under the guidance of
Thomas H. Boyd, of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Dennis Tol, Alaska State Office, Bureau of Land Management; Rod
Simmons, Alaska Regional Office, U.S. Fish and Wildlife Service; Nancy
Swanton, Alaska Regional Office, National Park Service; Dr. Glenn Chen,
Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler,
USDA-Forest Service, provided additional guidance.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
0
For the reasons set out in the preamble, the Federal Subsistence Board
amends Title 36, part 242, and Title 50, part 100, of the Code of
Federal Regulations, 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 50 CFR part 100
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. In Subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. Sec. --
--.24(a)(2) and (3) are revised to read as follows:
Sec. ----.24 Customary and traditional use determinations.
(a) * * *
(2) Fish determinations. The following communities and areas have
been found to have a positive customary and traditional use
determination in the listed area for the indicated species:
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
KOTZEBUE AREA............... All fish............ Residents of the
Kotzebue Area.
NORTON SOUND--PORT CLARENCE
AREA:
Norton Sound--Port Clarence All fish............ Residents of
Area, waters draining into Stebbins, St.
Norton Sound between Point Michael, and
Romanof and Canal Point. Kotlik.
Norton Sound--Port Clarence All fish............ Residents of the
Area, remainder. Norton Sound-Port
Clarence Area.
YUKON-NORTHERN AREA:
Yukon River drainage.... Salmon, other than Residents of the
fall chum salmon. Yukon River
drainage and the
community of
Stebbins.
Yukon River drainage.... Fall chum salmon.... Residents of the
Yukon River
drainage and the
communities of
Stebbins, Scammon
Bay, Hooper Bay,
and Chevak.
Yukon River drainage.... Freshwater fish Residents of the
(other than salmon). Yukon-Northern
Area.
Remainder of the Yukon- All fish............ Residents of the
Northern Area. Yukon-Northern
Area, excluding the
residents of the
Yukon River
drainage and
excluding those
domiciled in Unit
26B.
Tanana River drainage Freshwater fish Residents of the
contained within the (other than salmon). Yukon-Northern Area
Tetlin NWR and the and residents of
Wrangell-St. Elias NPP. Mentasta Lake,
Chistochina, Slana,
and all residents
living between
Mentasta Lake and
Chistochina.
KUSKOKWIM AREA.............. Salmon.............. Residents of the
Kuskokwim Area,
except those
persons residing on
the United States
military
installations
located on Cape
Newenham,
Sparrevohn USAFB,
and Tatalina USAFB.
Rainbow trout....... Residents of the
communities of
Akiachak, Akiak,
Aniak, Atmautluak,
Bethel,
Chuathbaluk,
Crooked Creek, Eek,
Goodnews Bay,
Kasigluk, Kwethluk,
Lower Kalskag,
Napakiak,
Napaskiak,
Nunapitchuk,
Oscarville,
Platinum,
Quinhagak,
Tuluksak,
Tuntutuliak, and
Upper Kalskag.
Pacific cod......... Residents of the
communities of
Chevak, Newtok,
Tununak, Toksook
Bay, Nightmute,
Chefornak, Kipnuk,
Mekoryuk,
Kwigillingok,
Kongiganak, Eek,
and Tuntutuliak.
[[Page 15574]]
All other fish other Residents of the
than herring. Kuskokwim Area,
except those
persons residing on
the United States
military
installation
located on Cape
Newenham,
Sparrevohn USAFB,
and Tatalina USAFB.
Waters around Nunivak Island Herring and herring Residents within 20
roe. miles of the coast
between the
westernmost tip of
the Naskonat
Peninsula and the
terminus of the
Ishowik River and
on Nunivak Island.
BRISTOL BAY AREA:
Nushagak District, Salmon and Residents of the
including drainages freshwater fish. Nushagak District
flowing into the and freshwater
district. drainages flowing
into the district.
Naknek-Kvichak District-- Salmon and Residents of the
Naknek River drainage. freshwater fish. Naknek and Kvichak
River drainages.
Naknek-Kvichak District-- Salmon and Residents of the
Kvichak/Iliamma Lake freshwater fish. Kvichak/Iliamna-
Clark drainage. Lake Clark
drainage.
Togiak District, Salmon and Residents of the
including drainages freshwater fish. Togiak District,
flowing into the freshwater
district. drainages flowing
into the district,
and the community
of Manokotak.
Egegik District, Salmon and Residents of South
including drainages freshwater fish. Naknek, the Egegik
flowing into the District and
district. freshwater
drainages flowing
into the district.
Ugashik District, Salmon and
including drainages freshwater fish.
flowing into the
district.
Togiak District......... Herring spawn on....
ALEUTIAN ISLANDS AREA....... All fish............ Residents of the
Aleutian Islands
Area and the
Pribilof Islands.
ALASKA PENINSULA AREA....... Halibut............. Residents of the
Alaska Peninsula
Area and the
communities of
Ivanof Bay and
Perryville.
All other fish in Residents of the
the Alaska Alaska Peninsula
Peninsula Area. Area.
CHIGNIK AREA................ Halibut, salmon and Residents of the
fish other than Chignik Area.
rainbow/steelhead
trout.
KODIAK AREA--except the Salmon.............. Residents of the
Mainland District, all Kodiak Island
waters along the south side Borough, except
of the Alaska Peninsula those residing on
bounded by the latitude of the Kodiak Coast
Cape Douglas (58[deg]51.10' Guard Base.
North latitude) mid-stream
Shelikof Strait, north and
east of the longitude of
the southern entrance of
Imuya Bay near Kilokak
Rocks (57[deg]10.34' North
latitude, 156[deg]20.22'
West longitude).
Kodiak Area................. Fish other than Residents of the
rainbow/steelhead Kodiak Area.
trout and salmon.
COOK INLET AREA:
Kenai Peninsula All fish............ Residents of the
District--Waters north communities of Hope
of and including the and Cooper Landing.
Kenai River drainage
within the Kenai
National Wildlife
Refuge and the Chugach
National Forest.
Waters within the All fish............ Residents of the
Kasilof River drainage community of
within the Kenai NWR. Ninilchik.
Waters within Lake Clark Salmon.............. Residents of the
National Park draining Tuxedni Bay area.
into and including that
portion of Tuxedni Bay
within the park.
Cook Inlet Area......... Fish other than Residents of the
salmon, Dolly Cook Inlet Area.
Varden, trout,
char, grayling and
burbot.
PRINCE WILLIAM SOUND AREA:
Southwestern District Salmon.............. Residents of the
and Green Island. Southwestern
District, which is
mainland waters
from the outer
point on the north
shore of Granite
Bay to Cape
Fairfield, and
Knight Island,
Chenega Island,
Bainbridge Island,
Evans Island,
Elrington Island,
Latouche Island and
adjacent islands.
North of a line from Salmon.............. Residents of the
Porcupine Point to villages of
Granite Point, and Tatitlek and
south of a line from Ellamar.
Point Lowe to Tongue
Point.
[[Page 15575]]
Copper River drainage Freshwater fish..... Residents of
upstream from Haley Cantwell, Chisana,
Creek. Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy, Mentasta
Lake, Nabesna,
Northway, Slana,
Tanacross, Tazlina,
Tetlin, Tok,
Tonsina, and those
individuals that
live along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nabesna
Road.
Gulkana National Wild Freshwater fish..... Residents of
and Scenic River. Cantwell, Chisana,
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy, Mentasta
Lake, Nabesna,
Northway, Paxson-
Sourdough, Slana,
Tanacross, Tazlina,
Tetlin, Tok,
Tonsina, and those
individuals that
live along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nabesna
Road.
Waters of the Prince Freshwater fish Residents of the
William Sound Area, (trout, char, Prince William
except for the Copper whitefish, suckers, Sound Area, except
River drainage upstream grayling, and those living in the
of Haley Creek. burbot). Copper River
drainage upstream
of Haley Creek.
Chitna Subdistrict of Salmon.............. Residents of
the Upper Copper River Cantwell,
District. Chickaloon,
Chisana,
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy, Mentasta
Lake, Nabesna,
Northway, Paxson-
Sourdough, Slana,
Tanacross, Tazlina,
Tetlin, Tok,
Tonsina, and those
individuals that
live along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nabesna
Road.
Glennallen Subdistrict Salmon.............. Residents of the
of the Upper Copper Prince William
River District. Sound Area and
residents of
Cantwell,
Chickaloon,
Chisana, Dot Lake,
Healy Lake,
Northway,
Tanacross, Tetlin,
Tok, and those
individuals living
along the Alaska
Highway from the
Alaskan/Canadian
border to Dot Lake,
along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nebesna
Road.
Waters of the Copper Salmon.............. Residents of
River between National Mentasta Lake and
Park Service regulatory Dot Lake.
markers located near
the mouth of Tanada
Creek, and in Tanada
Creek between National
Park Service regulatory
markers identifying the
open waters of the
creek.
Remainder of the Prince Salmon.............. Residents of the
William Sound Area. Prince William
Sound Area.
Waters of the Bering Eulachon............ Residents of
River area from Point Cordova.
Martin to Cape Suckling.
Waters of the Copper Eulachon............ Residents of
River Delta from the Cordova, Chenega
Eyak River to Point Bay, and Tatitlek.
Martin.
YAKUTAT AREA:
Fresh water upstream Salmon.............. Residents of the
from the terminus of area east of
streams and rivers of Yakutat Bay,
the Yakutat Area from including the
the Doame River to the islands within
Tsiu River. Yakutat Bay, west
of the Situk River
drainage, and south
of and including
Knight Island.
Fresh water upstream Dolly Varden, Residents of the
from the terminus of steelhead trout, area east of
streams and rivers of and smelt. Yakutat Bay,
the Yakutat Area from including the
the Doame River to islands within
Point Manby.. Yakutat Bay, west
of the Situk River
drainage, and south
of and including
Knight Island.
Remainder of the Yakutat Dolly Varden, trout, Residents of
Area. smelt, and eulachon. Southeastern Alaska
and Yakutat Areas.
SOUTHEASTERN ALASKA AREA:
District 1--Section 1E Salmon, Dolly Residents of the
in waters of the Naha Varden, trout, City of Saxman.
River and Roosevelt smelt, and eulachon.
Lagoon.
District 1--Section 1F Salmon, Dolly Residents of the
in Boca de Quadra in Varden, trout, and City of Saxman.
waters of Sockeye Creek smelt, and eulachon.
and Hugh Smith Lake
within 500 yards of the
terminus of Sockeye
Creek.
[[Page 15576]]
Districts 2, 3, and 5 Salmon, Dolly Residents living
and waters draining Varden, trout, south of Sumner
into those Districts. smelt, and eulachon. Strait and west of
Clarence Strait and
Kashevaroff
Passage.
District 5--North of a Salmon, Dolly Residents of the
line from Point Barrie Varden, trout, City of Kake and in
to Boulder Point. smelt, and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 6 and waters Salmon, Dolly Residents living
draining into that Varden, trout, south of Sumner
District. smelt, and eulachon. Strait and
Kashevaroff
Passage; residents
of drainages
flowing into
District 6 north of
the latitude of
Point Alexander
(Mitkof Island);
residents of
drainages flowing
into Districts 7 &
8, including the
communities of
Petersburg &
Wrangell; and
residents of the
communities of
Meyers Chuck and
Kake.
District 7 and waters Salmon, Dolly Residents of
draining into that Varden, trout, drainage flowing
District. smelt, and eulachon. into District 6
north of the
latitude of Point
Alexander (Mitkof
Island); residents
of drainages
flowing into
Districts 7 & 8,
including the
communities of
Petersburg &
Wrangell; and
residents of the
communities of
Meyers Chuck and
Kake.
District 8 and waters Salmon, Dolly Residents of
draining into that Varden, trout, drainages flowing
District. smelt, and eulachon. into Districts 7 &
8, residents of
drainages flowing
into District 6
north of the
latitude of Point
Alexander (Mitkof
Island), and
residents of Meyers
Chuck.
District 9--Section 9A.. Salmon, Dolly Residents of the
Varden, trout, City of Kake and in
smelt, and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 9--Section 9B Salmon, Dolly Residents of the
north of the latitude Varden, trout, City of Kake and in
of Swain Point. smelt, and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
harbor.
District 10--West of a Salmon, Dolly Residents of the
line from Pinta Point Varden, trout, City of Kake and in
to False Point Pybus. smelt, and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 12--South of a Salmon, Dolly Residents of the
line from Fishery Point Varden, trout, City of Angoon and
to south Passage Point smelt, and eulachon. along the western
and north of the shore of Admiralty
latitude of Point Island north of the
Caution. latitude of Sand
Island, south of
the latitude of
Thayer Creek, and
west of 134[deg]30'
West longitude,
including Killisnoo
Island.
District 13--Section 13A Salmon, Dolly Residents of the
south of the latitude Varden, trout, City and Borough of
of Cape Edward. smelt, and eulachon. Sitka in drainages
that empty into
Section 13B north
of the latitude of
Dorothy Narrows.
District 13--Section 13B Salmon, Dolly Residents of the
northof the latitude of Varden, trout, City and Borough of
Redfish Cape. smelt, and eulachon. Sitka in drainages
that empty into
Section 13B north
of the latitude of
Dorothy Narrows.
District 13--Section 13C Salmon, Dolly Residents of the
Varden, trout, City and Borough of
smelt, and eulachon. Sitka in drainages
that empty into
Section 13B north
of the latitude of
Dorothy Narrows.
District 13--Section 13C Salmon, Dolly Residents of the
east of the longitude Varden, trout, City of Angoon and
of Point Elizabeth. smelt, and eulachon. along the western
shore of of
Admiralty Island
north of the
latitude of Sand
Island, south of
the latitude of
Thayer Creek, and
west of 134[deg]30'
West longitude,
including Killisnoo
Island.
District 14--Section 14B Salmon, Dolly Residents of the
and 14C. Varden, trout, City of Hoonah and
smelt, and eulachon. in Chichagof Island
drainages on the
eastern shore of
Port Frederick from
Gartina Creek to
Point Sophia.
Remainder of the Salmon, Dolly Residents of
Southeastern Alaska Varden, trout, Southeastern Alaska
Area. smelt, and eulachon. and Yakutat Areas.
------------------------------------------------------------------------
(3) Shellfish determinations. The following communities and areas
have been found to have a positive customary and traditional use
determination in the listed area for the indicated species:
[[Page 15577]]
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
BERING SEA AREA............. All shellfish....... Residents of the
Bering Sea Area.
ALASKA PENINSULA--ALEUTIAN Shrimp, Dungeness, Residents of the
ISLANDS AREA. king, and Tanner Alaska Penninsula-
crab. Aleutian Island
Area.
KODIAK AREA................. Shrimp, Dungeness, Residents of Kodiak
and Tanner crab. Area.
Kodiak Area, except for the King crab........... Residents of the
Semidi Island, the North Kodiak Island
Mainland, and the South Borough, except
Mainland Sections. those residents on
the Kodiak Coast
Guard base.
COOK INLET AREA:
Federal waters in the Shellfish........... Residents of Tuxedni
Tuxedni Bay Area within Bay, Chisik Island,
the boundaries of Lake and Tyonek.
Clark National Park.
PRINCE WILLIAM SOUND AREA... Shrimp, clams, Residents of the
Dungeness, king, Prince William
and Tanner crab. Sound Area.
SOUTHEASTERN ALASKA--YAKUTAT
AREA:
Section 1E south of the Shellfish, except Residents of the
latitude of Grant shrimp, king crab, Southeast Area.
Island light. and Tanner crab.
Section 1F north of the Shellfish, except Residents of the
latitude of the shrimp, king crab, Southeast Area.
northernmost tip of and Tanner crab.
Mary Island, except
waters of Boca de
Quadra.
Section 3A and 3B....... Shellfish, except Residents of the
shrimp, king crab, Southeast Area.
and Tanner crab.
District 13............. Dungeness crab, ....................
shrimp, abalone,
sea cucumbers, gum
boots, cockles, and
clams, except
geoducks.
------------------------------------------------------------------------
* * * * *
0
3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. Sec. --
--.27 and ----.28 are added effective April 1, 2006, through March 31,
2007, to read as follows:
Sec. ----.27 Subsistence taking of fish.
(a) Applicability. (1) Regulations in this section apply to the
taking of fish or their parts for subsistence uses.
(2) You may take fish for subsistence uses at any time by any
method unless you are restricted by the subsistence fishing regulations
found in this section. The harvest limit specified in this section for
a subsistence season for a species and the State harvest limit set for
a State season for the same species are not cumulative, except as
modified by regulations in Sec. ----.27(i). This means that if you
have taken the harvest limit for a particular species under a
subsistence season specified in this section, you may not, after that,
take any additional fish of that species under any other harvest limit
specified for a State season.
(b) [Reserved]
(c) Methods, means, and general restrictions. (1) Unless otherwise
specified in this section or under terms of a required subsistence
fishing permit (as may be modified by this section), you may use the
following legal types of gear for subsistence fishing:
(i) A set gillnet;
(ii) A drift gillnet;
(iii) A purse seine;
(iv) A hand purse seine;
(v) A beach seine;
(vi) Troll gear;
(vii) A fish wheel;
(viii) A trawl;
(ix) A pot;
(x) A longline;
(xi) A fyke net;
(xii) A lead;
(xiii) A herring pound;
(xiv) A dip net;
(xv) Jigging gear;
(xvi) A mechanical jigging machine;
(xvii) A handline;
(xviii) A cast net;
(xix) A rod and reel; and
(xx) A spear.
(2) You must include an escape mechanism on all pots used to take
fish or shellfish. The escape mechanisms are as follows:
(i) A sidewall, which may include the tunnel, of all shellfish and
bottomfish pots must contain an opening equal to or exceeding 18 inches
in length, except that in shrimp pots the opening must be a minimum of
6 inches in length. The opening must be laced, sewn, or secured
together by a single length of untreated, 100 percent cotton twine, no
larger than 30 thread. The cotton twine may be knotted at each end
only. The opening must be within 6 inches of the bottom of the pot and
must be parallel with it. The cotton twine may not be tied or looped
around the web bars. Dungeness crab pots may have the pot lid tie-down
straps secured to the pot at one end by a single loop of untreated, 100
percent cotton twine no larger than 60 thread, or the pot lid must be
secured so that, when the twine degrades, the lid will no longer be
securely closed;
(ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish
and bottomfish pots may, instead of complying with paragraph (c)(2)(i)
of this section, satisfy the following: a sidewall, which may include
the tunnel, must contain an opening at least 18 inches in length,
except that shrimp pots must contain an opening at least 6 inches in
length. The opening must be laced, sewn, or secured together by a
single length of treated or untreated twine, no larger than 36 thread.
A galvanic timed-release device, designed to release in no more than 30
days in saltwater, must be integral to the length of twine so that,
when the device releases, the twine will no longer secure or obstruct
the opening of the pot. The twine may be knotted only at each end and
at the attachment points on the galvanic timed-release device. The
opening must be within 6 inches of the bottom of the pot and must be
parallel with it. The twine may not be tied or looped around the web
bars.
(3) For subsistence fishing for salmon, you may not use a gillnet
exceeding 50 fathoms in length, unless otherwise specified in this
section. The gillnet web must contain at least 30 filaments of equal
diameter or at least 6 filaments, each of which must be at least 0.20
millimeter in diameter.
(4) Except as otherwise provided for in this section, you may not
obstruct more than one-half the width of any stream with any gear used
to take fish for subsistence uses.
(5) You may not use live nonindigenous fish as bait.
(6) You must have your first initial, last name, and address
plainly and legibly inscribed on the side of your fish wheel facing
midstream of the river.
(7) You may use kegs or buoys of any color but red on any permitted
gear,
[[Page 15578]]
except in the following areas where kegs or buoys of any color,
including red, may be used:
(i) Yukon-Northern Area; and
(ii) Kuskokwim Area.
(8) You must have your first initial, last name, and address
plainly and legibly inscribed on each keg, buoy, stakes attached to
gillnets, stakes identifying gear fished under the ice, and any other
unattended fishing gear which you use to take fish for subsistence
uses.
(9) You may not use explosives or chemicals to take fish for
subsistence uses.
(10) You may not take fish for subsistence uses within 300 feet of
any dam, fish ladder, weir, culvert or other artificial obstruction,
unless otherwise indicated.
(11) Transactions between rural residents. Rural residents may
exchange in customary trade subsistence-harvested fish, their parts, or
their eggs, legally taken under the regulations in this part, for cash
from other rural residents. The Board may recognize regional
differences and define customary trade differently for separate regions
of the State.
(i) Bristol Bay Fishery Management Area--The total cash value per
household of salmon taken within Federal jurisdiction in the Bristol
Bay Fishery Management Area and exchanged in customary trade to rural
residents may not exceed $500.00 annually.
(ii) Upper Copper River District--The total number of salmon per
household taken within the Upper Copper River District and exchanged in
customary trade to rural residents may not exceed 50% of the annual
harvest of salmon by the household. No more than 50% of the annual
household limit may be sold under paragraphs ----.27(c)(11) and (12)
when taken together. These customary trade sales must be immediately
recorded on a customary trade recordkeeping form. The recording
requirement and the responsibility to ensure the household limit is not
exceeded rests with the seller.
(12) Transactions between a rural resident and others. In customary
trade, a rural resident may trade fish, their parts, or their eggs,
legally taken under the regulations in this part, for cash from
individuals other than rural residents if the individual who purchases
the fish, their parts, or their eggs uses them for personal or family
consumption. If you are not a rural resident, you may not sell fish,
their parts, or their eggs taken under the regulations in this part.
The Board may recognize regional differences and define customary trade
differently for separate regions of the State.
(i) Bristol Bay Fishery Management Area--The total cash value per
household of salmon taken within Federal jurisdiction in the Bristol
Bay Fishery Management Area and exchanged in customary trade between
rural residents and individuals other than rural residents may not
exceed $400.00 annually. These customary trade sales must be
immediately recorded on a customary trade recordkeeping form. The
recording requirement and the responsibility to ensure the household
limit is not exceeded rest with the seller.
(ii) Upper Copper River District--The total cash value of salmon
per household taken within the Upper Copper River District and
exchanged in customary trade between rural residents and individuals
other than rural residents may not exceed $500.00 annually. No more
than 50% of the annual household limit may be sold under paragraphs --
--.27(c)(11) and (12) when taken together. These customary trade sales
must be immediately recorded on a customary trade recordkeeping form.
The recording requirement and the responsibility to ensure the
household limit is not exceeded rest with the seller.
(13) No sale to, nor purchase by, fisheries businesses.
(i) You may not sell fish, their parts, or their eggs taken under
the regulations in this part to any individual, business, or
organization required to be licensed as a fisheries business under
Alaska Statute AS 43.75.011 (commercial limited-entry permit or crew
license holders excluded) or to any other business as defined under
Alaska Statute 43.70.110(1) as part of its business transactions.
(ii) If you are required to be licensed as a fisheries business
under Alaska Statute AS 43.75.011 (commercial limited-entry permit or
crew license holders excluded) or are a business as defined under
Alaska Statute 43.70.110(1), you may not purchase, receive, or sell
fish, their parts, or their eggs taken under the regulations in this
part as part of your business transactions.
(14) Except as provided elsewhere in this section, you may not take
rainbow/steelhead trout.
(15) You may not use fish taken for subsistence use or under
subsistence regulations in this part as bait for commercial or sport
fishing purposes.
(16) [Reserved]
(17) Unless specified otherwise in this section, you may use a rod
and reel to take fish without a subsistence fishing permit. Harvest
limits applicable to the use of a rod and reel to take fish for
subsistence uses shall be as follows:
(i) If you are required to obtain a subsistence fishing permit for
an area, that permit is required to take fish for subsistence uses with
rod and reel in that area. The harvest and possession limits for taking
fish with a rod and reel in those areas are the same as indicated on
the permit issued for subsistence fishing with other gear types;
(ii) Except as otherwise provided for in this section, if you are
not required to obtain a subsistence fishing permit for an area, the
harvest and possession limits for taking fish for subsistence uses with
a rod and reel are the same as for taking fish under State of Alaska
subsistence fishing regulations in those same areas. If the State does
not have a specific subsistence season and/or harvest limit for that
particular species, the limit shall be the same as for taking fish
under State of Alaska sport fishing regulations.
(18) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish for
subsistence uses at any time.
(19) Provisions on ADF&G subsistence fishing permits that are more
restrictive or in conflict with the provisions contained in this
section do not apply to Federal subsistence users.
(20) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other
purposes, whitefish, herring, and species for which harvest limits,
seasons, or other regulatory methods and means are not provided in this
section, as well as the head, tail, fins, and viscera of legally taken
subsistence fish.
(21) The taking of fish from waters within Federal jurisdiction is
authorized outside of published open seasons or harvest limits if the
harvested fish will be used for food in traditional or religious
ceremonies that are part of funerary or mortuary cycles, including
memorial potlatches, provided that:
(i) Prior to attempting to take fish, the person (or designee) or
Tribal Government organizing the ceremony contacts the appropriate
Federal fisheries manager to provide the nature of the ceremony, the
parties and/or clans involved, the species and the number of fish to be
taken, and the Federal waters from which the harvest will occur;
(ii) The taking does not violate recognized principles of fisheries
conservation, and uses the methods and means allowable for the
particular species published in the applicable
[[Page 15579]]
Federal regulations (the Federal fisheries manager will establish the
number, species, or place of taking if necessary for conservation
purposes);
(iii) Each person who takes fish under this section must, as soon
as practical, and not more than 15 days after the harvest, submit a
written report to the appropriate Federal fisheries manager, specifying
the harvester's name and address, the number and species of fish taken,
and the date and locations of the taking; and
(iv) No permit is required for taking under this section; however,
the harvester must be eligible to harvest the resource under Federal
regulations.
(d) [Reserved]
(e) Fishing permits and reports. (1) You may take salmon only under
the authority of a subsistence fishing permit, unless a permit is
specifically not required in a particular area by the subsistence
regulations in this part, or unless you are retaining salmon from your
commercial catch consistent with paragraph (f) of this section.
(2) The U.S. Fish and Wildlife Service Office of Subsistence
Management may issue a permit to harvest fish for a qualifying
cultural/educational program to an organization that has been granted a
Federal subsistence permit for a similar event within the previous 5
years. A qualifying program must have instructors, enrolled students,
minimum attendance requirements, and standards for successful
completion of the course. Applications must be submitted to the Office
of Subsistence Management 60 days prior to the earliest desired date of
harvest. Permits will be issued for no more than 25 fish per culture/
education camp. Appeal of a rejected request can be made to the Federal
Subsistence Board. Application for an initial permit for a qualifying
cultural/educational program, for a permit when the circumstances have
changed significantly, when no permit has been issued within the
previous 5 years, or when there is a request for harvest in excess of
that provided in this paragraph (e)(2), will be considered by the
Federal Subsistence Board.
(3) If a subsistence fishing permit is required by this section,
the following permit conditions apply unless otherwise specified in
this section:
(i) You may not take more fish for subsistence use than the limits
set out in the permit;
(ii) You must obtain the permit prior to fishing;
(iii) You must have the permit in your possession and readily
available for inspection while fishing or transporting subsistence-
taken fish;
(iv) If specified on the permit, you must record, prior to leaving
the harvest site, daily records of the catch, showing the number of
fish taken by species, location and date of catch, and other such
information as may be required for management or conservation purposes;
and
(v) If the return of catch information necessary for management and
conservation purposes is required by a fishing permit and you fail to
comply with such reporting requirements, you are ineligible to receive
a subsistence permit for that activity during the following calendar
year, unless you demonstrate that failure to report was due to loss in
the mail, accident, sickness, or other unavoidable circumstances. You
must also return any tags or transmitters that have been attached to
fish for management and conservation purposes.
(f) Relation to commercial fishing activities. (1) If you are a
Federally-qualified subsistence user who also commercial fishes, you
may retain fish for subsistence purposes from your lawfully-taken
commercial catch.
(2) When participating in a commercial and subsistence fishery at
the same time, you may not use an amount of combined fishing gear in
excess of that allowed under the appropriate commercial fishing
regulations.
(g) You may not possess, transport, give, receive, or barter
subsistence-taken fish or their parts which have been taken contrary to
Federal law or regulation or State law or regulation (unless superseded
by regulations in this part).
(h) [Reserved]
(i) Fishery management area restrictions. (1) Kotzebue Area. The
Kotzebue Area includes all waters of Alaska between the latitude of the
westernmost tip of Point Hope and the latitude of the westernmost tip
of Cape Prince of Wales, including those waters draining into the
Chukchi Sea.
(i) You may take fish for subsistence purposes without a permit.
(ii) You may take salmon only by gillnets, beach seines, or a rod
and reel.
(iii) In the Kotzebue District, you may take sheefish with gillnets
that are not more than 50 fathoms in length, nor more than 12 meshes in
depth, nor have a stretched-mesh size larger than 7 inches.
(iv) You may not obstruct more than one-half the width of a stream,
creek, or slough with any gear used to take fish for subsistence uses,
except from May 15 to July 15 and August 15 to October 31 when taking
whitefish or pike in streams, creeks, or sloughs within the Kobuk River
drainage and from May 15 to October 31 in the Selawik River drainage.
Only one gillnet 100 feet or less in length with a stretched-mesh size
from 2\1/2\ to 4\1/2\ inches may be used per site. You must check your
net at least once in every 24-hour period.
(2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence
Area includes all waters of Alaska between the latitude of the
westernmost tip of Cape Prince of Wales and the latitude of Point
Romanof, including those waters of Alaska surrounding St. Lawrence
Island and those waters draining into the Bering Sea.
(i) Unless otherwise restricted in this section, you may take fish
at any time in the Port Clarence District.
(ii) In the Norton Sound District, you may take fish at any time
except as follows:
(A) In Subdistricts 2 through 6, if you are a commercial fishermen,
you may not fish for subsistence purposes during the weekly closures of
the State commercial salmon fishing season, except that from July 15
through August 1, you may take salmon for subsistence purposes 7 days
per week in the Unalakleet and Shaktoolik River drainages with gillnets
which have a stretched-mesh size that does not exceed 4\1/2\ inches,
and with beach seines;
(B) In the Unalakleet River from June 1 through July 15, you may
take salmon only from 8 a.m. Monday until 8 p.m. Saturday.
(iii) You may take salmon only by gillnets, beach seines, fish
wheel, or a rod and reel.
(iv) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging
gear, spear, lead, or a rod and reel.
(v) In the Unalakleet River from June 1 through July 15, you may
not operate more than 25 fathoms of gillnet in the aggregate nor may
you operate an unanchored gillnet.
(vi) Only one subsistence fishing permit will be issued to each
household per year.
(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-
[[Page 15580]]
Northern Area at any time. 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 Sec. --
--.27(i)(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 five 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 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) You may not subsistence fish in the Delta River.
(xi) 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.
(xii) You may not subsistence fish in the Toklat River drainage
from August 15 through May 15.
(xiii) You may take salmon only by gillnet, beach seine, fish
wheel, or rod and reel, subject to the restrictions set forth in this
section.
(xiv) 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.
(xv) In Districts 4, 5, and 6, you may not take salmon for
subsistence purposes by drift gillnets, except as follows:
(A) In Subdistrict 4A upstream from the mouth of Stink Creek, you
may take Chinook salmon by drift gillnets less than 150 feet in length
from June 10 through July 14, and chum salmon by drift gillnets after
August 2;
(B) In Subdistrict 4A downstream from the mouth of Stink Creek, you
may take Chinook salmon by drift gillnets less than 150 feet in length
from June 10 through July 14;
(C) In the Yukon River mainstem, Subdistricts 4B and 4C with a
Federal subsistence fishing permit, you may take Chinook salmon during
the last 18-hour period of the weekly regulatory opening(s) by drift
gillnets no more than 150 feet long and no more than 35 meshes deep,
from June 10 through July 14.
(xvi) Unless otherwise specified in this section, you may take fish
other than salmon and halibut 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 operating commercial use, personal use,
or subsistence fishing gear 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.
(xvii) In District 4, from September 21 through May 15, you may use
jigging gear from shore ice.
[[Page 15581]]
(xviii) 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.
(xix) Only one subsistence fishing permit will be issued to each
household per year.
(xx) In Districts 1, 2, and 3, you may not possess Chinook salmon
taken for subsistence purposes unless the dorsal fin has been removed
immediately after landing.
(xxi) 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, 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.
(4) Kuskokwim Area. The Kuskokwim Area consists of all waters of
Alaska between the latitude of the westernmost point of Naskonat
Peninsula and the latitude of the southernmost tip of Cape Newenham,
including the waters of Alaska surrounding Nunivak and St. Matthew
Islands and those waters draining into the Bering Sea.
(i) Unless otherwise restricted in this section, you may take fish
in the Kuskokwim Area at any time without a subsistence fishing permit.
(ii) For the Kuskokwim area, 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 District 1, Kuskokuak Slough, from June 1 through July 31
only, you may not take salmon for 16 hours before and during each State
open commercial salmon fishing period in the district.
(iv) In Districts 4 and 5, from June 1 through September 8, you may
not take salmon for 16 hours before or during, and for 6 hours after
each State open commercial salmon fishing period in each district.
(v) In District 2, and anywhere in tributaries that flow into the
Kuskokwim River within that district, from June 1 through September 8
you may not take salmon by net gear or fish wheel for 16 hours before
or during, and for 6 hours after each open commercial salmon fishing
period in the district. You may subsistence fish for salmon with rod
and reel 24 hours per day, 7 days per week, unless rod and reel are
specifically restricted by paragraph (i)(4) of this section.
(vi) You may not take subsistence fish by nets in the Goodnews
River east of a line between ADF&G regulatory markers placed near the
mouth of the Ufigag River and an ADF&G regulatory marker placed near
the mouth of the Tunulik River 16 hours before or during, and for 6
hours after each State open commercial salmon fishing period.
(vii) You may not take subsistence fish by nets in the Kanektok
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before or during, and for 6 hours after each State open
commercial salmon fishing period.
(viii) You may not take subsistence fish by nets in the Arolik
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before or during, and for 6 hours after each State open
commercial salmon fishing period.
(ix) You may only take salmon by gillnet, beach seine, fish wheel,
or rod and reel subject to the restrictions set out in this section,
except that you may also take salmon by spear in the Holitna, Kanektok,
and Arolik River drainages, and in the drainage of Goodnews Bay.
(x) You may not use an aggregate length of set gillnets or drift
gillnets in excess of 50 fathoms for taking salmon.
(xi) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net,
jigging gear, spear, lead, handline, or rod and reel.
(xii) You must attach to the bank each subsistence gillnet operated
in tributaries of the Kuskokwim River and fish it substantially
perpendicular to the bank and in a substantially straight line.
(xiii) Within a tributary to the Kuskokwim River in that portion of
the Kuskokwim River drainage from the north end of Eek Island upstream
to the mouth of the Kolmakoff River, you may not set or operate any
part of a set gillnet within 150 feet of any part of another set
gillnet.
(xiv) The maximum depth of gillnets is as follows:
(A) Gillnets with 6-inch or smaller stretched-mesh may not be more
than 45 meshes in depth;
(B) Gillnets with greater than 6-inch stretched-mesh may not be
more than 35 meshes in depth.
(xv) You may take halibut only by a single handheld line with no
more than two hooks attached to it.
(xvi) You may not use subsistence set and drift gillnets exceeding
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You
may not operate more than one subsistence set or drift gillnet at a
time in Whitefish Lake in the Ophir Creek drainage. You must check the
net at least once every 24 hours.
(xvii) You may take rainbow trout only in accordance with the
following restrictions:
(A) You may take rainbow trout only by the use of gillnets, dip
nets, fyke nets, handline, spear, rod and reel, or jigging through the
ice;
(B) You may not use gillnets, dip nets, or fyke nets for targeting
rainbow trout from March 15 through June 15;
(C) If you take rainbow trout incidentally in other subsistence net
fisheries and through the ice, you may retain them for subsistence
purposes;
(D) There are no harvest limits with handline, spear, rod and reel,
or jigging.
(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) In all State commercial salmon districts, from May 1 through
May 31 and October 1 through October 31, you may subsistence fish for
salmon only from 9 a.m. Monday until 9 a.m. Friday. From June 1 through
September 30, within the waters of a commercial salmon district, you
may take salmon only during State open commercial salmon fishing
periods.
(iii) In the Egegik River from 9 a.m. June 23 through 9 a.m. July
17, you may take salmon only during the following times: from 9 a.m.
Tuesday to 9 a.m. Wednesday and from 9 a.m. Saturday to 9 a.m. Sunday.
(iv) You may not take fish from waters within 300 feet of a stream
mouth used by salmon.
(v) 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.
(vi) Within any district, you may take salmon, herring, and capelin
by drift and set gillnets only.
[[Page 15582]]
(vii) Outside the boundaries of any district, you may take salmon
by set gillnet only, except that you may also take salmon by spear in
the Togiak River, excluding its tributaries.
(viii) 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.
(ix) You may not operate any part of a set gillnet within 300 feet
of any part of another set gillnet.
(x) You must stake and buoy each set gillnet. Instead of having the
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.
(xi) You may not operate or assist in operating subsistence salmon
net gear while simultaneously operating or assisting in operating
commercial salmon net gear.
(xii) During State closed commercial herring fishing periods, you
may not use gillnets exceeding 25 fathoms in length for the subsistence
taking of herring or capelin.
(xiii) You may take fish other than salmon, herring, capelin, and
halibut by gear listed in this part unless restricted under the terms
of a subsistence fishing permit.
(xiv) You may take salmon only under authority of a subsistence
fishing permit.
(xv) Only one subsistence fishing permit for salmon may be issued
to each household per year.
(xvi) In the Togiak River section and the Togiak River drainage,
you may not possess coho salmon taken under the authority of a
subsistence fishing permit unless both lobes of the caudal fin (tail)
or the dorsal fin have been removed.
(xvii) You may take rainbow trout only by rod and reel or jigging
gear. Rainbow trout daily harvest and possession limits are 2 per day/2
in possession with no size limit from April 10 through October 31 and 5
per day/5 in possession with no size limit from November 1 through
April 9.
(xviii) 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, rainbow/steelhead trout,
or char at any time unless restricted under 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) 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,
except as may be specified on a subsistence fishing permit.
(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;
(D) Waters of McLees Lake and its tributaries and outlet stream;
(E) All fresh water on Adak Island and Kagalaska Island in the Adak
District.
(v) You may take salmon by seine and gillnet, or with gear
specified on a subsistence fishing permit.
(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) 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, trout, and char only under the terms of
a subsistence fishing permit, except that you do not need a permit in
the Akutan, Umnak, and Atka-Amlia Islands Districts.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit, 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.
(x) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(xi) The daily harvest limit for halibut is two fish, and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(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 salmon, rainbow/steelhead trout,
or char, at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries or through the ice, you may retain them
for subsistence purposes.
(ii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit.
(iii) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(iv) You may take salmon at any time, except in those districts and
sections open to commercial salmon fishing where salmon may not be
taken during the 24 hours before and 12 hours following each State open
weekly commercial salmon fishing period, or as may be specified on a
subsistence fishing permit.
(v) You may not subsistence fish for salmon in the following
waters:
(A) Russell Creek and Nurse Lagoon and within 500 yards outside the
mouth of Nurse Lagoon;
(B) Trout Creek and within 500 yards outside its mouth.
(vi) You may take salmon by seine, gillnet, rod and reel, or with
gear specified on a subsistence fishing 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 not use a set gillnet exceeding 100 fathoms in
length.
(ix) You may take halibut for subsistence purposes only by a single
handheld line with no more than two hooks attached.
(x) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on your subsistence fishing permit.
[[Page 15583]]
(xi) The daily harvest limit for halibut is two fish and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(8) Chignik Area. The Chignik Area includes all waters of Alaska on
the south side of the Alaska Peninsula bounded by 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 to Imuya Bay) then due south, and a
line extending 135[deg] southeast from Kupreanof Point at 55[deg]33.98'
North latitude, 159[deg]35.88' West longitude.
(i) You may take fish other than salmon, rainbow/steelhead trout,
or char at any time, except as may be specified by a subsistence
fishing permit. For salmon, Federal subsistence fishing 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. If you take rainbow/steelhead
trout incidentally in other subsistence net fisheries, you may retain
them for subsistence purposes.
(ii) You may not take salmon in the Chignik River, from a point 300
feet upstream of the ADF&G weir to Chignik Lake from July 1 through
August 31. You may not take salmon in Black Lake or any tributary to
Black or Chignik Lakes.
(iii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit.
(iv) You must keep a record on your permit of subsistence-caught
fish. You must complete the record immediately upon taking subsistence-
caught fish and must return it no later than October 31.
(v) If you hold a commercial fishing license, you may only
subsistence fish for salmon as specified on a State subsistence salmon
fishing permit.
(vi) You may take salmon by seines, gillnets, rod and reel, or with
gear specified on a subsistence fishing permit, except that in Chignik
Lake, you may not use purse seines.
(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 halibut for subsistence purposes only by a
single handheld line with no more than two hooks attached.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit.
(x) The daily harvest limit for halibut is two fish, and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(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 three 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 not subsistence fish for salmon in the following
locations:
(A) Womens Bay closed waters--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;
(B) Buskin River closed waters--all waters inside of a line running
from a 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) All waters closed to commercial salmon fishing within 100 yards
of the terminus of Selief Bay Creek;
(D) In Afognak Bay north and west of a line from the tip of Last
Point to the tip of River Mouth Point;
(E) From August 15 through September 30, all waters 500 yards
seaward of the terminus of Little Kitoi Creek;
(F) All fresh water systems of Afognak Island.
(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) With a subsistence salmon fishing permit you may take 25 salmon
plus an additional 25 salmon for each member of your household whose
names are listed on the permit. You may obtain an additional permit if
you can show that more fish are needed.
(vi) You must record on your subsistence permit the number of
subsistence fish taken. You must complete the record immediately upon
landing subsistence-caught fish, and must return it by February 1 of
the year following the year the permit was issued.
(vii) You may take fish other than salmon and halibut 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.
(x) You may take halibut only by a single handheld line with not
more than two hooks attached to it.
(xi) The daily harvest limit for halibut is two fish, and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(10) Cook Inlet Area. The Cook Inlet Area includes all waters of
Alaska enclosed by a line extending east from Cape Douglas
(58[deg]51'06'' North latitude) and a line extending south from Cape
Fairfield (148[deg]50'15'' West longitude).
(i) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any
time in the Cook Inlet Area. If you take rainbow/steelhead trout
incidentally in other subsistence net fisheries, you may retain them
for subsistence purposes.
(ii) You may not take grayling or burbot for subsistence purposes.
(iii) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit (as may be modified by this section).
(iv) You may only take salmon, trout, Dolly Varden, and other char
under authority of a Federal subsistence fishing permit. Seasons,
harvest and possession limits, and methods and
[[Page 15584]]
means for take are the same as for the taking of those species under
Alaska sport fishing regulations (5 AAC 56).
(v) You may only take smelt with dip nets in fresh water from April
1 through June 15. There are no harvest or possession limits for smelt.
(vi) Gillnets may not be used in fresh water, except for the taking
of whitefish in the Tyone River drainage.
(11) Prince William Sound Area. The Prince William Sound Area
includes all waters and drainages of Alaska between the longitude of
Cape Fairfield and the longitude of Cape Suckling.
(i) You may take fish, other than rainbow/steelhead trout, in the
Prince William Sound Area only under authority of a subsistence fishing
permit, except that a permit is not required to take eulachon. You may
not take rainbow/steelhead trout, except as otherwise provided for in
this Sec. ----.27(i)(11).
(A) In the Prince William Sound Area within Chugach National Forest
and in the Copper River drainage downstream of Haley Creek you may
accumulate Federal subsistence fishing harvest limits with harvest
limits under State of Alaska sport fishing regulations provided that
accumulation of fishing harvest limits does not occur during the same
day.
(B) You may accumulate harvest limits of salmon authorized for the
Copper River drainage upstream from Haley Creek with harvest limits for
salmon authorized under State of Alaska sport fishing regulations.
(ii) You may take fish by gear listed in paragraph (c)(1) of this
part unless restricted in this section or under the terms of a
subsistence fishing permit.
(iii) If you catch rainbow/steelhead trout incidentally in other
subsistence net fisheries, you may retain them for subsistence
purposes, unless restricted in this section.
(iv) In the Copper River drainage, you may take salmon only in the
waters of the Upper Copper River District, or in the vicinity of the
Native Village of Batzulnetas.
(v) In the Upper Copper River District, you may take salmon only by
fish wheels, rod and reel, or dip nets.
(vi) Rainbow/steelhead trout and other freshwater fish caught
incidentally to salmon by fish wheel in the Upper Copper River District
may be retained.
(vii) Freshwater fish other than rainbow/steelhead trout caught
incidentally to salmon by dip net in the Upper Copper River District
may be retained. Rainbow/steelhead trout caught incidentally to salmon
by dip net in the Upper Copper River District must be released unharmed
to the water.
(viii) You may not possess salmon taken under the authority of an
Upper Copper River District subsistence fishing permit, or rainbow/
steelhead trout caught incidentally to salmon by fish wheel, unless the
anal (ventral) fin has been immediately removed from the fish. You must
immediately record all retained fish on the subsistence permit.
Immediately means prior to concealing the fish from plain view or
transporting the fish more than 50 feet from where the fish was removed
from the water.
(ix) You may take salmon in the Upper Copper River District from
May 15 through September 30 only.
(x) The total annual harvest limit for subsistence salmon fishing
permits in combination for the Glennallen Subdistrict and the Chitina
Subdistrict is as follows:
(A) For a household with 1 person, 30 salmon, of which no more than
5 may be Chinook salmon taken by dip net and no more than 5 Chinook
taken by rod and reel;
(B) For a household with 2 persons, 60 salmon, of which no more
than 5 may be Chinook salmon taken by dip net and no more than 5
Chinook taken by rod and reel, plus 10 salmon for each additional
person in a household over 2 persons, except that the household's limit
for Chinook salmon taken by dip net or rod and reel does not increase;
(C) Upon request, permits for additional salmon will be issued for
no more than a total of 200 salmon for a permit issued to a household
with 1 person, of which no more than 5 may be Chinook salmon taken by
dip net and no more than 5 Chinook taken by rod and reel, or no more
than a total of 500 salmon for a permit issued to a household with 2 or
more persons, of which no more than 5 may be Chinook salmon taken by
dip net and no more than 5 Chinook taken by rod and reel.
(xi) The following apply to Upper Copper River District subsistence
salmon fishing permits:
(A) Only one subsistence fishing permit per subdistrict will be
issued to each household per year. If a household has been issued
permits for both subdistricts in the same year, both permits must be in
your possession and readily available for inspection while fishing or
transporting subsistence-taken fish in either subdistrict. A qualified
household may also be issued a Batzulnetas salmon fishery permit in the
same year;
(B) Multiple types of gear may be specified on a permit, although
only one unit of gear may be operated at any one time;
(C) You must return your permit no later than October 31 of the
year in which the permit is issued, or you may be denied a permit for
the following year;
(D) A fish wheel may be operated only by one permit holder at one
time; that permit holder must have the fish wheel marked as required by
Section ----.27(i)(11) and during fishing operations;
(E) Only the permit holder and the authorized member of the
household listed on the subsistence permit may take salmon;
(F) You must personally operate your fish wheel or dip net;
(G) You may not loan or transfer a subsistence fish wheel or dip
net permit except as permitted.
(xii) If you are a fish wheel owner:
(A) You must register your fish wheel with ADF&G or the Federal
Subsistence Board;
(B) Your registration number and a wood, metal, or plastic plate at
least 12 inches high by 12 inches wide bearing either your name and
address, or your Alaska driver's license number, or your Alaska State
identification card number in letters and numerals at least 1 inch
high, must be permanently affixed and plainly visible on the fish wheel
when the fish wheel is in the water;
(C) Only the current year's registration number may be affixed to
the fish wheel; you must remove any other registration number from the
fish wheel;
(D) You must check your fish wheel at least once every 10 hours and
remove all fish;
(E) You are responsible for the fish wheel; you must remove the
fish wheel from the water at the end of the permit period;
(F) You may not rent, lease, or otherwise use your fish wheel used
for subsistence fishing for personal gain.
(xiii) If you are operating a fish wheel:
(A) You may operate only one fish wheel at any one time;
(B) You may not set or operate a fish wheel within 75 feet of
another fish wheel;
(C) No fish wheel may have more than two baskets;
(D) If you are a permittee other than the owner, you must attach an
additional wood, metal, or plastic plate at least 12 inches high by 12
inches wide, bearing your name and address in letters and numerals at
least 1 inch high, to the fish wheel so that the name and address are
plainly visible.
(xiv) A subsistence fishing permit may be issued to a village
council, or other similarly qualified organization whose members
operate fish wheels for subsistence purposes in the Upper Copper River
District, to operate fish wheels on behalf of members of its
[[Page 15585]]
village or organization. The following additional provisions apply to
subsistence fishing permits issued under this paragraph (i)(11)(xiv):
(A) The permit will list all households and household members for
whom the fish wheel is being operated. The permit will identify a
person who will be responsible for each fish wheel in a similar manner
to a fish wheel owner as described in paragraph (i)(11)(xii) of this
section;
(B) The allowable harvest may not exceed the combined seasonal
limits for the households listed on the permit; the permittee will
notify the ADF&G or Federal Subsistence Board when households are added
to the list, and the seasonal limit may be adjusted accordingly;
(C) Members of households listed on a permit issued to a village
council or other similarly qualified organization are not eligible for
a separate household subsistence fishing permit for the Upper Copper
River District;
(D) The permit will include provisions for recording daily catches
for each fish wheel; location and number of fish wheels; full legal
name of the individual responsible for the lawful operation of each
fish wheel as described in paragraph (i)(11)(xii) of this section; and
other information determined to be necessary for effective resource
management.
(xv) You may take salmon in the vicinity of the former Native
village of Batzulnetas only under the authority of a Batzulnetas
subsistence salmon fishing permit available from the National Park
Service under the following conditions:
(A) You may take salmon only in those waters of the Copper River
between National Park Service regulatory markers located near the mouth
of Tanada Creek and approximately one-half mile downstream from that
mouth and in Tanada Creek between National Park Service regulatory
markers identifying the open waters of the creek;
(B) You may use only fish wheels, dip nets, and rod and reel on the
Copper River and only dip nets, spears, fyke nets, and rod and reel in
Tanada Creek. One fyke net and associated lead may be used in Tanada
Creek upstream of the National Park Service weir;
(C) You may take salmon only from May 15 through September 30 or
until the season is closed by special action;
(D) You may retain Chinook salmon taken in a fish wheel in the
Copper River. You must return to the water unharmed any Chinook salmon
caught in Tanada Creek;
(E) You must return the permit to the National Park Service no
later than October 15;
(F) You may only use a fyke net after consultation with the in-
season manager. You must be present when the fyke net is actively
fishing. You may take no more than 1,000 sockeye salmon in Tanada Creek
with a fyke net;
(xvi) You may take pink salmon for subsistence purposes from fresh
water with a dip net from May 15 until September 30, 7 days per week,
with no harvest or possession limits in the following areas:
(A) Green Island, Knight Island, Chenega Island, Bainbridge Island,
Evans Island, Elrington Island, Latouche Island, and adjacent islands,
and the mainland waters from the outer point of Granite Bay located in
Knight Island Passage to Cape Fairfield;
(B) Waters north of a line from Porcupine Point to Granite Point,
and south of a line from Point Lowe to Tongue Point.
(12) Yakutat Area. The Yakutat Area includes all waters and
drainages of Alaska between the longitude of Cape Suckling and the
longitude of Cape Fairweather.
(i) Unless restricted in this section or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any
time in the Yakutat Area.
(ii) You may not take salmon during the period commencing 48 hours
before a State opening of commercial salmon net fishing season and
ending 48 hours after the closure. This applies to each river or bay
fishery individually.
(iii) When the length of the weekly State commercial salmon net
fishing period exceeds two days in any Yakutat Area salmon net fishery,
the subsistence fishing period is from 6 a.m. to 6 p.m. on Saturday in
that location.
(iv) You may take salmon, trout (other than steelhead), and char
only under authority of a subsistence fishing permit. You may take
steelhead trout only in the Situk and Ahrnklin Rivers and only under
authority of a Federal subsistence fishing permit.
(v) If you take salmon, trout, or char incidentally by gear
operated under the terms of a subsistence permit for salmon, you