[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12564-12587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5174]
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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
[Docket No. FWS-R7-SM-2009-0061; 70101-1261-0000L6]
RIN 1018-AW71
Subsistence Management Regulations for Public Lands in Alaska--
2011-12 and 2012-13 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 in Alaska during the 2011-12 and 2012-13 regulatory
years. The Federal Subsistence Board (Board) completes the biennial
process of revising subsistence hunting and trapping regulations in
even-numbered years and subsistence fishing and shellfish regulations
in odd-numbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable biennial cycle.
This rulemaking replaces the fish and shellfish taking regulations that
expire on March 31, 2011. This rule also revises the address of the
Office of Subsistence Management; the new address should be used to
obtain maps delineating the boundaries of the subsistence resource
regions.
DATES: This rule is effective April 1, 2011.
ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop
121, Anchorage, Alaska 99503, or on the Office of Subsistence
Management Web site (http://alaska.fws.gov/asm/index.cfml).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786-3888 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska
Region, (907) 743-9461 or skessler@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. This program provides a
preference for take of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The Secretaries published
temporary regulations to carry out this program in the Federal Register
on June 29, 1990 (55 FR 27114), and final regulations were published in
the Federal Register on May 29, 1992 (57 FR 22940). The Program has
subsequently amended these regulations a number of times. Because this
program is a joint effort between Interior and Agriculture, these
regulations are located in two titles of the Code of Federal
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,''
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR
100.1-28, respectively. The regulations contain subparts as follows:
Subpart A, General Provisions; Subpart B, Program Structure; Subpart C,
Board Determinations; and Subpart D, Subsistence Taking of Fish and
Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board is currently made up of:
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, U.S. Forest Service.
Through the Board, these agencies participate in the development of
regulations for subparts C and D, which, among other things, set forth
program eligibility and specific harvest seasons and limits.
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Advisory Council. The Regional Advisory Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Regional Advisory Council members represent varied geographical,
cultural, and user interests within each region.
The Board addresses customary and traditional use determinations
during the applicable biennial cycle. Section ------.24 (customary and
traditional use determinations) was originally published in the Federal
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-
established, consistent pattern of use, incorporating beliefs and
customs which have been transmitted from generation to generation. * *
*'' Since 1992, the Board has made a number of customary and
traditional use determinations at the request of affected subsistence
users. Those modifications, along with some administrative corrections,
were published in the Federal Register as follows:
[[Page 12565]]
Modifications to Sec. ----.24
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Rule made changes to the following provisions
Federal Register citation Date of publication of ----.24
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59 FR 27462........................ May 27, 1994............... Wildlife and Fish/Shellfish.
59 FR 51855........................ October 13, 1994........... Wildlife and Fish/Shellfish.
60 FR 10317........................ February 24, 1995.......... Wildlife and Fish/Shellfish.
61 FR 39698........................ July 30, 1996.............. Wildlife and Fish/Shellfish.
62 FR 29016........................ May 29, 1997............... Wildlife and Fish/Shellfish.
63 FR 35332........................ June 29, 1998.............. Wildlife and Fish/Shellfish.
63 FR 46148........................ August 28, 1998............ Wildlife and Fish/Shellfish.
64 FR 1276......................... January 8, 1999............ Fish/Shellfish.
64 FR 35776........................ July 1, 1999............... Wildlife.
65 FR 40730........................ June 30, 2000.............. Wildlife.
66 FR 10142........................ February 13, 2001.......... Fish/Shellfish.
66 FR 33744........................ June 25, 2001.............. Wildlife.
67 FR 5890......................... February 7, 2002........... Fish/Shellfish.
67 FR 43710........................ June 28, 2002.............. Wildlife.
68 FR 7276......................... February 12, 2003.......... Fish/Shellfish.
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Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use
determinations.
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69 FR 5018......................... February 3, 2004........... Fish/Shellfish.
69 FR 40174........................ July 1, 2004............... Wildlife.
70 FR 13377........................ March 21, 2005............. Fish/Shellfish.
70 FR 36268........................ June 22, 2005.............. Wildlife.
71 FR 15569........................ March 29, 2006............. Fish/Shellfish.
71 FR 37642........................ June 30, 2006.............. Wildlife.
72 FR 12676........................ March 16, 2007............. Fish/Shellfish.
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Note: The Board met December 11-13, 2007, but did not make any additional customary and traditional use
determinations.
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72 FR 73426........................ December 27, 2007.......... Wildlife/Fish.
73 FR 35726........................ June 26, 2008.............. Wildlife.
74 FR 14049........................ March 30, 2009............. Fish/Shellfish.
75 FR 37918........................ June 30, 2010.............. Wildlife.
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Current Rule
The Departments published a proposed rule on January 15, 2010 (75
FR 2448), to amend the fish and shellfish sections of subparts C and D
of 36 CFR 242 and 50 CFR 100. The proposed rule opened a comment
period, which closed on March 24, 2010. The Departments advertised the
proposed rule 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 21 proposals for changes to subparts C and D; this
included 2 proposals that the Board had deferred from the previous
regulatory cycle. Four proposals were withdrawn by the proponent prior
to the start of the public review process. After the comment period
closed, the Board prepared a booklet describing the proposals and
distributed it to the public. The proposals were also available online.
The public then had an additional 30 days in which to comment on the
proposals for changes to the regulations.
The 10 Regional Advisory Councils met again, received public
comments, and formulated their recommendations to the Board on
proposals for their respective regions. The Regional Advisory Councils
had a substantial role in reviewing the proposed rule and making
recommendations for the final rule. Moreover, a Council Chair, or a
designated representative, presented each Council's recommendations at
the Board meeting of January 18-20, 2011. These final regulations
reflect Board review and consideration of Regional Advisory Council
recommendations and public comments. The public received extensive
opportunity to review and comment on all changes. In section --
--.24(a)(2), corrections to the spelling of certain village names and
an updated format have been made, resulting in a more readable
document.
Of the 17 proposals, 15 were on the Board's regular agenda and 2
were on the consensus agenda. The consensus agenda is made up of
proposals for which there is agreement among the affected Subsistence
Regional Advisory Councils, a majority of the Interagency Staff
Committee members, and the Alaska Department of Fish and Game
concerning a proposed regulatory action. Anyone may request that the
Board remove a proposal from the consensus agenda and place it on the
non-consensus (regular) agenda. The Board votes en masse on the
consensus agenda after deliberation and action on all other proposals.
Of the proposals on the consensus agenda, the Board withdrew both
proposals based on the request of the proponent. This action was
consistent with Board policy and was supported by each of the Regional
Advisory Council Chairs in the management area. Analysis and
justification for each action are available for review at the Office of
Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage,
Alaska 99503, or on the Office of Subsistence Management Web site
(http://alaska.fws.gov/asm/index.cfml). Of the proposals on the regular
agenda, the Board adopted one; adopted three with modification;
rejected three; deferred four; took no action on two; and withdrew two
based on the request of the proponent. In section ----.22(b) an
administrative change was made to reflect the current address of the
Office of Subsistence Management.
Summary of Non-Consensus Proposals Not Adopted by the Board
The Board rejected, deferred, withdrew, or took no action on 11
non-consensus proposals. The rejected proposals were recommended for
[[Page 12566]]
rejection by one or more of the Regional Advisory Councils unless noted
below.
The Board withdrew 2 proposals in the Yukon-Northern Area based on
the request of the proponent. This action was consistent with Board
policy and was supported by each of the Regional Advisory Council
Chairs in the management area.
The Board deferred a proposal in the Yukon-Northern Area to
restrict customary trade of Chinook salmon on the Yukon River to allow
time for a subcommittee made up of members from the three Yukon River
Regional Advisory Councils to try to reach consensus on a
recommendation to the Councils. The Board also took no action on a
similar proposal based on the action of this proposal.
The Board rejected a proposal in the Yukon-Northern Area to
restrict gillnet depth in Federal public waters of the Yukon River
based on concerns that this proposal was not supported by substantial
evidence and would be detrimental to the satisfaction of subsistence
needs for some users.
The Board rejected a proposal in the Yukon-Northern Area to close
Federal public waters of the Yukon River to the taking of first pulse
Chinook salmon from the mouth to the Canadian border for 12 years. The
Board took this action because Federal and State managers already have
the authority to take action to close this fishery for conservation
concerns and this proposal would be detrimental to the satisfaction of
subsistence needs for some users.
The Board deferred a proposal in the Yukon-Northern Area to
subdivide an existing subdistrict on the Yukon River. This action would
allow for additional public input and time for Federal and State
managers to consider possible courses of actions.
The Board took no action on a proposal to extend the sockeye salmon
season in the Klawock River drainage and Klawock Lake in the Southeast
Alaska Area based on its action on a similar proposal.
The Board deferred a proposal to close the eulachon fishery in
sections 1C and 1D of the Southeast Alaska Area to allow time for
additional public input and to address conservation concerns. This
action was contrary to the Council recommendation, which was to adopt
the proposal with modification.
The Board continued a previous deferral on a proposal to close
Federal public waters in the Makhnati Island area of Southeast Alaska
to the harvest of herring and herring spawn except by Federally
qualified users. This action was requested by the Council to allow time
for peer review of a study conducted by the Sitka Tribe of Alaska.
The Board rejected a previously deferred proposal in Southeast
Alaska to determine a ``no Federal subsistence priority'' be made for
all fish in the Juneau road system area. This action was based on
concerns that the proposal was not supported by substantial evidence
and would be detrimental to the satisfaction of subsistence needs for
users.
Summary of Non-Consensus Proposals Adopted by the Board
The Board adopted or adopted with modification four non-consensus
proposals. Modifications were suggested by the affected Regional
Council(s), developed during the analysis process, or developed during
the Board's public deliberations. All of the adopted proposals were
recommended for adoption by at least one of the Regional Councils
unless noted below.
Southeast Alaska
The Board adopted a proposal with modification to eliminate the
defined sockeye salmon season and fishing schedule in the Klawock River
drainage and Klawock Lake to provide additional opportunity for
subsistence users.
Kodiak
The Board adopted a proposal to reduce the harvest limit of king
crab from six to three per household. This action was based on
continuing conservation concerns.
The Board adopted a proposal with modification to eliminate harvest
limits associated with subsistence permits issued to Federally
qualified subsistence users who fish for salmon in Federal public
waters of the Kodiak Area that cannot be accessed from the Kodiak road
system, except the mainland district, and changed the recording
requirements from immediately upon landing a fish to prior to leaving
the fishing site. This action was taken to allow additional opportunity
and reduce the burden of reporting for subsistence users.
Chignik
The Board adopted a proposal with modification to expand the areas
for subsistence fishing using existing gear types, except gillnets.
This action was taken to provide additional opportunity for subsistence
users.
Southcentral Alaska--Request for Reconsideration
The Departments published a proposed rule on April 17, 2008 (73 FR
20884), to amend subparts C and D of 36 CFR part 242 and 50 CFR part
100. The proposed rule opened a comment period, which closed on June
30, 2008. The Departments advertised the proposed rule 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 15 proposals
for changes to subparts C and D. After the proposal period closed, the
Board prepared a booklet describing the proposals and distributed them
to the public; this was also available online. The public then had an
additional 30 days in which to comment on the proposals for changes to
the regulations. The 10 Regional Advisory Councils met again, received
public comments, and formulated their recommendations to the Board on
proposals for their respective regions. The Regional Advisory Councils
had a substantial role in reviewing the proposed rule and making
recommendations for the final rule. Moreover, a Council Chair, or a
designated representative, presented each Council's recommendations at
the Board meeting of January 13-15, 2009. The public had extensive
opportunity to review and comment on all changes. One of the proposals
rejected by the Board was FP09-07, which requested the Board to
recognize a customary and traditional use determination for residents
of Ninilchik for resident fish in the Kenai Peninsula District waters
north of and including the Kenai River drainage. The Board based its
decision on a lack of substantial evidence; this decision was contrary
to the modified proposal recommendation of the Southcentral Regional
Advisory Council.
On May 29, 2009, as provided for in 36 CFR 242.20 and 50 CFR
100.20, the Ninilchik Traditional Council submitted a request for
reconsideration on the Board's decision to reject FP09-07. The Board
accepted the request for reconsideration and initiated additional staff
analysis and review; after public notice, the Board met again on
November 9, 2010, and readdressed this proposal. After recommendations
from the applicable Council Chair, comments from the Alaska Department
of Fish and Game, and members of the public, the Board rescinded its
earlier decision and recognized a customary and traditional use
determination for residents of Ninilchik for all fish in the Kenai
Peninsula District waters north of and including the Kenai River
drainage. The Board based its decision on the available information on
the residents of
[[Page 12567]]
Ninilchik's use of resident fish species in the Kenai River area, the
opportunistic nature of subsistence uses, and the demonstrated history
of fishing activities by Ninilchik residents, and concluded that
Ninilchik residents have customarily and traditionally used resident
fish species in the river.
These final regulations reflect Board review and consideration of
Regional Council recommendations and public comments. Because this rule
concerns public lands managed by an agency or 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.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements, including publishing a proposed rule in the Federal
Register, 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 (36 CFR 242.20 and 50 CFR 100.20). Therefore, the
Board believes that sufficient public notice and opportunity for
involvement have been given to affected persons regarding Board
decisions.
In the more than 20 years the Program has been operating, no
benefit to the public has been demonstrated by delaying the effective
date of the subsistence regulations. A lapse in regulatory control
could affect the continued viability of fish or wildlife populations
and 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)(3) to make this rule
effective upon the date set forth in DATES to ensure continued
operation of the subsistence program.
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 analyses 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 a 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 comments 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 a
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, implemented the Federal Subsistence
Management Program and included a framework for a regulatory cycle for
the subsistence taking of wildlife and fish. The following Federal
Register documents pertain to this rulemaking:
Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C:
Federal Register Documents Pertaining to the Final Rule
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Federal Register citation Date of publication Category Details
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57 FR 22940.................... May 29, 1992................. Final Rule................... ``Subsistence
Management
Regulations for
Public Lands in
Alaska; Final
Rule'' was
published in the
Federal
Register.
64 FR 1276..................... January 8, 1999.............. Final Rule................... Amended the
regulations to
include
subsistence
activities
occurring on
inland navigable
waters in which
the United
States has a
reserved water
right and to
identify
specific Federal
land units where
reserved water
rights exist.
Extended the
Federal
Subsistence
Board's
management to
all Federal
lands selected
under the Alaska
Native Claims
Settlement Act
and the Alaska
Statehood Act
and situated
within the
boundaries of a
Conservation
System Unit,
National
Recreation Area,
National
Conservation
Area, or any new
national forest
or forest
addition, until
conveyed to the
State of Alaska
or to an Alaska
Native
Corporation.
Specified and
clarified the
Secretaries'
authority to
determine when
hunting,
fishing, or
trapping
activities
taking place in
Alaska off the
public lands
interfere with
the subsistence
priority.
66 FR 31533.................... June 12, 2001................ Interim Rule................. Expanded the
authority that
the Board may
delegate to
agency field
officials and
clarified the
procedures for
enacting
emergency or
temporary
restrictions,
closures, or
openings.
67 FR 30559.................... May 7, 2002.................. Final Rule................... Amended the
operating
regulations in
response to
comments on the
June 12, 2001,
interim rule.
Also corrected
some inadvertent
errors and
oversights of
previous rules.
68 FR 7703..................... February 18, 2003............ Direct Final Rule............ Clarified how old
a person must be
to receive
certain
subsistence use
permits and
removed the
requirement that
Regional
Councils must
have an odd
number of
members.
68 FR 23035.................... April 30, 2003............... Affirmation of Direct Final Because no
Rule. adverse comments
were received on
the direct final
rule (67 FR
30559), the
direct final
rule was
adopted.
[[Page 12568]]
69 FR 60957.................... October 14, 2004............. Final Rule................... Clarified the
membership
qualifications
for Regional
Advisory Council
membership and
relocated the
definition of
``regulatory
year'' from
subpart A to
subpart D of the
regulations.
70 FR 76400.................... December 27, 2005............ Final Rule................... Revised
jurisdiction in
marine waters
and clarified
jurisdiction
relative to
military lands.
71 FR 49997.................... August 24, 2006.............. Final Rule................... Revised the
jurisdiction of
the subsistence
program by
adding submerged
lands and waters
in the area of
Makhnati Island,
near Sitka, AK.
This allowed
subsistence
users to harvest
marine resources
in this area
under seasons,
harvest limits,
and methods
specified in the
regulations.
72 FR 25688.................... May 7, 2007.................. Final Rule................... Revised nonrural
determinations.
75 FR 63088.................... October 14, 2010............. Final Rule................... Amended the
regulations for
accepting and
addressing
special action
requests and the
role of the
Regional
Advisory
Councils in the
process.
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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, therefore, signed a Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA Sec. 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. 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. The final
Sec. 810 analysis determination appeared in the April 6, 1992, ROD and
concluded that the Program, under Alternative IV with an annual process
for setting subsistence regulations, may have some local impacts on
subsistence uses, but will not likely restrict subsistence uses
significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of this
rule was conducted in accordance with Sec. 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA Sec. 810(a).
Paperwork Reduction Act
An agency may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number. This rule
does not contain any new collections of information that require OMB
approval. OMB has reviewed and approved the following collections of
information associated with the subsistence regulations at 36 CFR part
242 and 50 CFR part 100: Subsistence hunting and fishing applications,
permits, and reports, Federal Subsistence Regional Advisory Council
Membership Application/Nomination and Interview Forms (OMB Control No.
1018-0075 expires January 31, 2013).
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four
criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
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 effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this rule are already
being harvested and consumed by the local harvester and do not result
in an additional dollar benefit to the economy. However, we estimate
that two million pounds of meat are harvested by subsistence users
annually and, if given an estimated dollar value of $3.00 per pound,
this amount would equate to about $6 million in food value statewide.
Based upon the amounts and values cited above, the Departments certify
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.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this rule is not a major rule. It does not have an
effect on the economy of $100 million or more, will not cause a major
increase in costs or prices for consumers, and does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority 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.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not
[[Page 12569]]
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 there is no cost imposed on any State or
local entities or Tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in Sec. Sec. 3(a) and 3(b)(2) of
Executive Order 12988, regarding civil justice reform.
Executive Order 13132
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 subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
The Alaska National Interest Lands Conservation Act does not
provide rights to Tribes for the subsistence taking of wildlife, fish,
and shellfish. However, the Board provided Federally recognized Tribes
and Alaska Native Corporations an opportunity to consult on this rule.
Consultation with Alaska Native Corporations is based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native Corporations on the same basis as Indian Tribes under Executive
Order No. 13175.''
The Secretaries, through the Board, provided a variety of
opportunities for Tribal consultation: Submitting proposals to change
the existing rule, commenting on proposed changes to the existing rule;
engaging in dialogue at the Regional Council meetings; engaging in
dialogue at the Board's meetings; and providing input in person, by
mail, e-mail, or phone at any time during this rulemaking process.
On January 18, 2011, the Board provided Federally recognized Tribes
and Alaska Native Corporations a specific opportunity to consult on
this rule prior to the start of its public regulatory meeting.
Federally recognized Tribes and Alaska Native Corporations were
notified by mail and telephone and were given the opportunity to attend
in person or via teleconference.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this rule is
not a significant regulatory action under E.O. 13211, affecting energy
supply, distribution, or use, and no Statement of Energy Effects is
required.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Peter J. Probasco of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Sandy Rabinowitch and Nancy Swanton, Alaska Regional
Office, National Park Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Steve Kessler, Alaska Regional Office, U.S. Forest
Service.
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.
Regulation Promulgation
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. --
--.22(b) is revised to read as follows:
Sec. ----.22 Subsistence resource regions.
* * * * *
(b) You may obtain maps delineating the boundaries of subsistence
resource regions from the U.S. Fish and Wildlife Service, 1011 East
Tudor Road, MS 121, Anchorage, Alaska 99503.
0
3. In subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. --
--.24(a)(2) is 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 All fish......... Residents of Kotlik,
Clarence Area, waters St. Michael and
draining into Norton Stebbins.
Sound between Point
Romanof and Canal Point.
Norton Sound--Port All fish......... Residents of the
Clarence Area, remainder. Norton Sound--Port
Clarence Area.
YUKON-NORTHERN AREA:
Yukon River drainage...... Salmon, other Residents of the
than fall chum Yukon River drainage
salmon. and the community of
Stebbins.
Yukon River drainage...... Fall chum salmon. Residents of the
Yukon River drainage
and the communities
of Chevak, Hooper
Bay, Scammon Bay,
and Stebbins.
Yukon River drainage...... Freshwater fish Residents of the
(other than Yukon-Northern Area.
salmon).
[[Page 12570]]
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 Yukon-Northern Area
Tetlin NWR and the salmon). and residents of
Wrangell-St. Elias NPP. Chistochina,
Mentasta Lake,
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
Chefornak, Chevak,
Eek, Kipnuk,
Kongiganak,
Kwigillingok,
Mekoryuk, Newtok,
Nightmute, Tununak,
Toksook Bay, and
Tuntutuliak.
All other fish Residents of the
other than Kuskokwim Area,
herring. except those persons
residing on the
United States
military
installation located
on Cape Newenham,
Sparrevohn USAFB,
and Tatalina USAFB.
Waters around Nunivak Herring and Residents within 20
Island. herring 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 district. and freshwater
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/Iliamna--Lake freshwater fish. Kvichak/Iliamna-Lake
Clark drainage. Clark drainage.
Togiak District, including Salmon and Residents of the
drainages flowing into freshwater fish. Togiak District,
the district. freshwater drainages
flowing into the
district, and the
community of
Manokotak.
Egegik District, including Salmon and Residents of South
drainages flowing into freshwater fish. Naknek, the Egegik
the district. District and
freshwater drainages
flowing into the
district.
Ugashik District, Salmon and Residents of the
including drainages freshwater fish. Ugashik District and
flowing into the district. freshwater drainages
flowing into the
district.
Togiak District........... Herring spawn on Residents of the
kelp. Togiak District and
freshwater drainages
flowing into the
district.
Remainder of the Bristol All fish......... Residents of the
Bay Area. Bristol Bay Area.
ALEUTIAN ISLANDS AREA......... All fish......... Residents of the
Aleutian Islands
Area and the
Pribilof Islands.
ALASKA PENINSULA AREA......... All fish......... Residents of the
Alaska Peninsula
Area.
CHIGNIK AREA.................. Salmon and fish Residents of the
other than Chignik Area.
rainbow/
steelhead trout.
KODIAK AREA:
Except the Mainland Salmon........... Residents of the
District, all waters Kodiak Island
along the south side of Borough, except
the Alaska Peninsula those residing on
bounded by the latitude the Kodiak Coast
of Cape Douglas Guard Base.
(58[deg]51.10' 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/ Kodiak Area.
steelhead trout
and salmon.
COOK INLET AREA:
Kenai Peninsula District-- All fish......... Residents of the
Waters north of and communities of
including the Kenai River Cooper Landing, Hope
drainage within the Kenai and Ninilchik.
National Wildlife Refuge
and the Chugach National
Forest.
Waters within the Kasilof All fish......... Residents of the
River drainage within the community of
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 Cook
salmon, Dolly Inlet Area.
Varden, trout,
char, grayling,
and burbot.
[[Page 12571]]
Remainder of the Cook Salmon, Dolly All rural residents.
Inlet Area. Varden, trout,
char, grayling,
and burbot.
PRINCE WILLIAM SOUND AREA:
Southwestern District and Salmon........... Residents of the
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 Tatitlek
Granite Point, and south and Ellamar.
of a line from Point Lowe
to Tongue Point.
Copper River drainage Freshwater fish.. Residents of
upstream from Haley Creek. Cantwell, Chisana,
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 and Freshwater fish.. Residents of
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 Sound
except for the Copper whitefish, Area, except those
River drainage upstream suckers, living in the Copper
of Haley Creek. grayling, and River drainage
burbot). upstream of Haley
Creek.
Chitina Subdistrict of the Salmon........... Residents of
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 of Salmon........... Residents of the
the Upper Copper River Prince William Sound
District. 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
Nabesna Road.
Waters of the Copper River Salmon........... Residents of Mentasta
between National Park Lake and Dot Lake.
Service regulatory
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 River Eulachon......... Residents of Cordova.
area from Point Martin to
Cape Suckling.
Waters of the Copper River Eulachon......... Residents of Cordova,
Delta from the Eyak River Chenega Bay, and
to Point Martin. Tatitlek.
YAKUTAT AREA:
Fresh water upstream from Salmon........... Residents of the area
the terminus of streams east of Yakutat Bay,
and rivers of the Yakutat including the
Area from the Doame River islands within
to the Tsiu River. Yakutat Bay, west of
the Situk River
drainage, and south
of and including
Knight Island.
Fresh water upstream from Dolly Varden, Residents of the area
the terminus of streams steelhead trout, east of Yakutat Bay,
and rivers of the Yakutat and smelt. including the
Area from the Doame River islands within
to Point Manby. Yakutat Bay, west of
the Situk River
drainage, and south
of and including
Knight Island.
Remainder of the Yakutat Dolly Varden, Residents of
Area. trout, smelt, Southeastern Alaska
and eulachon. and Yakutat Areas.
Salmon........... All rural residents.
SOUTHEASTERN ALASKA AREA:
[[Page 12572]]
District 1--Section 1E in Salmon, Dolly Residents of the City
waters of the Naha River Varden, trout, of Saxman.
and Roosevelt Lagoon. smelt, and
eulachon.
District 1--Section 1F in Salmon, Dolly Residents of the City
Boca de Quadra in waters Varden, trout, of Saxman.
of Sockeye Creek and Hugh smelt, and
Smith Lake within 500 eulachon.
yards of the terminus of
Sockeye Creek.
Districts 2, 3, and 5 and Salmon, Dolly Residents living
waters draining into Varden, trout, south of Sumner
those Districts. smelt, and Strait and west of
eulachon. Clarence Strait and
Kashevaroff Passage.
District 5--North of a Salmon, Dolly Residents of the City
line from Point Barrie to Varden, trout, of Kake and in
Boulder Point. smelt, and Kupreanof Island
eulachon. 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 Strait and west of
eulachon. Clarence 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, drainages flowing
District. smelt, and into District 6
eulachon. 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 into Districts 7 &
eulachon. 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 City
Varden, trout, of Kake and in
smelt, and Kupreanof Island
eulachon. 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 City
north of the latitude of Varden, trout, of Kake and in
Swain Point. smelt, and Kupreanof Island
eulachon. drainages emptying
into Keku Strait
south of Point White
and north of the
Portage Bay boat
harbor.
District 10--West of a Salmon, Dolly Residents of the City
line from Pinta Point to Varden, trout, of Kake and in
False Point Pybus. smelt, and Kupreanof Island
eulachon. drainages emptying
into Keku Strait
south of Point White
and north of the
Portage Bay boat
harbor.
District 12--Section 12A, All fish......... Residents of
excluding the area south drainages flowing
of a line from Fishery into Districts 12
Point to South Passage and 14.
point.
District 12--Section 12B.. All fish......... Residents of
drainages flowing
into Districts 12
and 14.
District 12--Section 12A, Salmon, Dolly Residents of the City
the area south of a line Varden, trout, of Angoon and along
from Fishery Point to smelt, and the western shore of
South Passage Point. eulachon. 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 13--Section 13A, All fish......... Residents of
excluding the area south drainages flowing
of the latitude of Cape into Sections 13A,
Edward. 13B, and District
14.
District 13--Section 13A, Salmon, Dolly Residents of the City
south of the latitude of Varden, trout, and Borough of Sitka
Cape Edward. smelt, and in drainages that
eulachon. empty into Section
13B, north of the
latitude of Dorothy
Narrows.
District 13--Section 13B Salmon, Dolly Residents of the City
north of the latitude of Varden, trout, and Borough of Sitka
Redfish Cape. smelt, and in drainages that
eulachon. empty into Section
13B north of the
latitude of Dorothy
Narrows.
District 13--Section 13C.. Salmon, Dolly Residents of the City
Varden, trout, and Borough of Sitka
smelt, and in drainages that
eulachon. empty into Section
13B north of the
latitude of Dorothy
Narrows.
District 13--Section 13C Salmon, Dolly Residents of the City
east of the longitude of Varden, trout, of Angoon and along
Point Elizabeth. smelt, and the western shore of
eulachon. 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 13--Section 13C.. Salmon, Dolly Residents of the City
Varden, trout, and Borough of Sitka
smelt, and in drainages that
eulachon. empty into Section
13B north of the
latitude of Dorothy
Narrows.
District 14............... All fish......... Residents of
drainages flowing
into Sections 12A,
13A, and District
14.
Remainder of the Dolly Varden, Residents of
Southeastern Alaska Area. trout, smelt, Southeastern Alaska
and eulachon. and Yakutat Areas.
Salmon........... All rural residents.
------------------------------------------------------------------------
[[Page 12573]]
* * * * *
Subpart D--Subsistence Taking of Fish and Wildlife
0
4. In subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. ------.27
is added 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 paragraph (e) of this section. 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.
(3) You may not possess, transport, give, receive, or barter
subsistence-taken fish or their parts that have been taken contrary to
Federal law or regulation or State law or regulation (unless superseded
by regulations in this part).
(b) 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 regulations
in 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 (b)(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, 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 regulates 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 percent of the
annual harvest of salmon by the household. No more than 50 percent of
the annual household limit may be sold under paragraphs (b)(11) and
(12) of this section 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
[[Page 12574]]
recognize regional differences and regulates 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 percent of the annual household limit may be sold under
paragraphs (b)(11) and (12) of this section 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) 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.
(17) 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.
(18) 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.
(19) 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.
(20) 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 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.
(c) 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 (d) of this section.
(2) 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 fishing 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.
(d) 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.
[[Page 12575]]
(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.
(e) 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.
(C) Federal public waters of the Unalakleet River, upstream from
the mouth of the Chirosky River, are closed to the taking of Chinook
salmon from July 1 to July 31, by all users. The BLM field manager is
authorized to open the closed area to Federally qualified subsistence
users or to all users when run strength warrants.
(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.
(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-Northern Area at any time. In those locations where
subsistence fishing permits are required, only one subsistence fishing
permit will be issued to each household per year. 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 paragraph (e)(3) of this section.
(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 5 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
[[Page 12576]]
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.
(A) In the Yukon River drainage, you may not take salmon for
subsistence fishing using gillnets with stretched mesh larger than 7.5
inches.
(B) [Reserved].
(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 weekly subsistence fishing 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 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.
(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 (e)(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.
[[Page 12577]]
(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 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 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.
(xvi) 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 set gillnets only.
(vii) Outside the boundaries of any district, unless otherwise
specified, you may take salmon by set gillnet only.
(A)You may also take salmon by spear in the Togiak River, excluding
its tributaries.
(B) You may also use drift gillnets not greater than 10 fathoms in
length to take salmon in the Togiak River in the first two river miles
upstream from the mouth of the Togiak River to the ADF&G regulatory
markers.
(C) You may also take salmon without a permit in Lake Clark and its
tributaries by snagging (by handline or rod and reel), using a spear,
bow and arrow, or capturing by bare hand.
(D) You may also take salmon by beach seines not exceeding 25
fathoms in length in Lake Clark, excluding its tributaries.
(E) You may also take fish (except rainbow trout) with a fyke net
and lead in tributaries of Lake Clark and the tributaries of Sixmile
Lake within and adjacent to the exterior boundaries of Lake Clark
National Park and Preserve unless otherwise prohibited.
(1) You may use a fyke net and lead only with a permit issued by
the Federal in-season manager.
(2) All fyke nets and leads must be attended at all times while in
use.
(3) All materials used to construct the fyke net and lead must be
made of wood and be removed from the water when the fyke net and lead
is no longer in use.
(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 and capelin 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 State
subsistence salmon permit (permits are issued by ADF&G) except when
using a Federal permit for fyke net and lead.
(xv) Only one State subsistence fishing permit for salmon and one
Federal permit for use of a fyke net and lead for all fish (except
rainbow trout) may be issued to each household per year.
(xvi) In the Togiak River section and the Togiak River drainage:
(A) 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.
(B) You may not possess salmon taken with a drift gillnet 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.
[[Page 12578]]
Rainbow trout daily harvest and possession limits are two per day/two
in possession with no size limit from April 10 through October 31 and
five per day/five 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.
(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. You may also take
salmon without a permit by snagging (by handline or rod and reel),
using a spear, bow and arrow, or capturing by bare hand.
(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 no more than 250 salmon for subsistence purposes
unless otherwise specified on your subsistence fishing permit.
(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 Kuprean of 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 by gillnet in Black Lake or any
tributary to Black or Chignik Lakes. You may take salmon in the waters
of Clark River and Home Creek from their confluence with Chignik Lake
upstream 1 mile.
(A) In the open waters of Chignik Lake, Chignik River, Clark River
and Home Creek you may take salmon by gillnet under the authority of a
subsistence fishing permit.
(B) In the open waters of Clark River and Home Creek you may take
salmon by snagging (handline or rod and reel), spear, bow and arrow, or
capture by hand without a permit. The daily harvest and possession
limits using these methods are five per day and five in possession.
(iii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit unless otherwise indicated in this
section or as noted in the permit conditions.
(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
[[Page 12579]]
must return it no later than the due date listed on the permit.
(v) If you hold a commercial fishing license, you may only
subsistence fish for salmon as specified on a subsistence 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. You may also take salmon without a
permit by snagging (by handline or rod and reel), using a spear, bow
and arrow, or capturing by bare hand.
(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 no more than 250 salmon for subsistence
purposes unless otherwise specified on the subsistence fishing permit.
(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) The annual limit for a subsistence salmon fishing permit holder
is as follows:
(A) In the Federal public waters of Kodiak Island, east of the line
from Crag Point south to the westernmost point of Saltery Cove,
including the waters of Woody and Long Islands, and the salt waters
bordering this area within 1 mile of Kodiak Island, excluding the
waters bordering Spruce Island, 25 salmon for the permit holder plus an
additional 25 salmon for each member of the same household whose names
are listed on the permit: an additional permit may be obtained upon
request.
(B) In the remainder of the Kodiak Area not described in paragraph
(e)(9)(v)(A) of this section, there is no annual harvest limit for a
subsistence salmon fishing permit holder.
(vi) You must record on your subsistence permit the number of
subsistence fish taken. You must record all harvested fish prior to
leaving the fishing site, and must return the permit by the due date
marked on 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 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.
(10) Cook Inlet Area. The Cook Inlet Area includes all waters of
Alaska enclosed by a line extending east from Cape Douglas
(58[deg]51.10' N. Lat.) and a line extending south from Cape Fairfield
(148[deg]50.25' W. Long.).
(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 subsistence net fisheries, you may retain them for
subsistence purposes, unless otherwise prohibited or provided for in
this section. With jigging gear through the ice or rod and reel gear in
open waters there is an annual limit of two rainbow/steelhead trout 20
inches or longer, taken from Kenai Peninsula fresh waters.
(ii) 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). For all fish that must be
marked and recorded on a permit in this section, they must be marked
and recorded prior to leaving the fishing site. The fishing site
includes the particular Federal public waters and/or adjacent shoreline
from which the fish were harvested.
(iii) You may not take grayling or burbot for subsistence purposes.
(iv) You may take only salmon, trout, Dolly Varden, and other char
under authority of a Federal subsistence fishing permit. Seasons,
harvest and possession limits, and methods and means for take are the
same as for the taking of those species under Alaska sport fishing
regulations (5 AAC 56 and 5 AAC 57) unless modified herein.
Additionally for Federally managed waters of the Kasilof and Kenai
River drainages:
(A) Residents of Ninilchik may take sockeye, Chinook, coho, and
pink salmon through a dip net and a rod and reel fishery on the upper
mainstem of the Kasilof River from a Federal regulatory marker on the
river below the outlet of Tustumena Lake downstream to a marker on the
river approximately 2.8 miles below the Tustumena Lake boat ramp.
Residents using rod and reel gear may fish with up to two baited single
or treble hooks. Other species incidentally caught during the dip net
and rod and reel fishery may be retained for subsistence uses,
including up to 200 rainbow/steelhead trout taken through August 15.
After 200 rainbow/steelhead trout have been taken in this fishery or
after August 15, all rainbow/steelhead trout must be released unless
otherwise provided for in this section. Before leaving the fishing
site, all
[[Page 12580]]
retained fish must be recorded on the permit and marked by removing the
dorsal fin. Harvests must be reported within 72 hours to the Federal
fisheries manager upon leaving the fishing site.
(1) Fishing for sockeye and Chinook salmon will be allowed June 16-
August 15.
(2) Fishing for coho and pink salmon will be allowed June 16-
October 31.
(3) Fishing for sockeye, Chinook, coho, or pink salmon will end
prior to regulatory end dates if the annual total harvest limit for
that species is reached or superseded by Federal special action.
(4) Each household may harvest their annual sockeye, Chinook, coho,
or pink salmon limits in one or more days, and each household member
may fish with a dip net or a rod and reel during this time. Salmon
taken in the Kenai River system dip net and rod and reel fishery will
be included as part of each household's annual limit for the Kasilof
River.
(i) For sockeye salmon--annual total harvest limit of 4,000; annual
household limits of 25 for each permit holder and 5 additional for each
household member;
(ii) For Chinook salmon--annual harvest limit of 500; annual
household limit of 10 for each permit holder and 2 additional for each
household member;
(iii) For coho salmon--annual total harvest limit of 500; annual
household limits of 10 for each permit holder and 2 additional for each
household member; and
(iv) For pink salmon--annual total harvest limit of 500; annual
household limits of 10 for each permit holder and 2 additional for each
household member.
(B) In addition to the dip net and rod and reel fishery on the
upper mainstem of the Kasilof River described under paragraph
(e)(10)(iv)(A) of this section, residents of Ninilchik may also take
coho and pink salmon through a rod and reel fishery in Tustumena Lake.
Before leaving the fishing site, all retained salmon must be recorded
on the permit and marked by removing the dorsal fin. Seasons, areas,
harvest and possession limits, and methods and means for take are the
same as for the taking of these species under Alaska sport fishing
regulations (5 AAC 56), except for the following methods and means, and
harvest and possession limits:
(1) Fishing will be allowed with up to two baited single or treble
hooks.
(2) For coho salmon 16 inches and longer, the daily harvest and
possession limits are four per day and four in possession.
(3) For pink salmon 16 inches and longer, daily harvest and
possession limits are six per day and six in possession.
(C) Resident fish species including lake trout, rainbow/steelhead
trout, and Dolly Varden/Arctic char may be harvested in Federally
managed waters of the Kasilof River drainage. Resident fish species
harvested in the Kasilof River drainage under the conditions of a
Federal subsistence permit must be marked by removing the dorsal fin
immediately after harvest and recorded on the permit prior to leaving
the fishing site.
(1) Lake trout may be harvested with rod and reel gear the entire
year. For fish 20 inches or longer, daily harvest and possession limits
are four per day and four in possession. For fish less than 20 inches,
daily harvest and possession limits are 15 per day and 15 in
possession.
(2) Dolly Varden/Arctic char may be harvested with rod and reel
gear the entire year. In flowing waters, daily harvest and possession
limits are four per day and four in possession. In lakes and ponds,
daily harvest and possession limits are 10 fish per day and 10 in
possession.
(3) Rainbow trout may be harvested with rod and reel gear the
entire year for fish less than 20 inches in length. In flowing waters,
daily harvest and possession limits are two per day and two in
possession. In lakes and ponds, daily harvest and possession limits are
five per day and five in possession.
(4) You may fish in Tustumena Lake with a gillnet, no longer than
10 fathoms, fished under the ice or jigging gear used through the ice
under authority of a Federal subsistence fishing permit. The total
annual harvest quota for this fishery is 200 lake trout, 200 rainbow
trout, and 500 Dolly Varden/Arctic char. The use of a gillnet will be
prohibited by special action after the harvest quota of any species has
been met. For the jig fishery, annual household limits are 30 fish in
any combination of lake trout, rainbow trout or Dolly Varden/Arctic
char.
(i) You may harvest fish under the ice only in Tustumena Lake.
Gillnets are not allowed within a \1/4\ mile radius of the mouth of any
tributary to Tustumena Lake, or the outlet of Tustumena Lake.
(ii) Permits will be issued by the Federal fisheries manager or
designated representative, and will be valid for the winter season,
unless the season is closed by special action.
(iii) All harvests must be reported within 72 hours to the Federal
fisheries manager upon leaving the fishing site. Reported information
must include number of each species caught; number of each species
retained; length, depth (number of meshes deep) and mesh size of
gillnet fished; fishing site; and total hours fished. Harvest data on
the permit must be filled out before transporting fish from the fishing
site.
(iv) The gillnet must be checked at least once in every 48-hour
period.
(v) For unattended gear, the permittee's name and address must be
plainly and legibly inscribed on a stake at one end of the gillnet.
(vi) Incidentally caught fish may be retained and must be recorded
on the permit before transporting fish from the fishing site.
(vii) Failure to return the completed harvest permit by May 31 may
result in issuance of a violation notice and/or denial of a future
subsistence permit.
(D) Residents of Hope, Cooper Landing, and Ninilchik may take only
sockeye salmon through a dip net and a rod and reel fishery at one
specified site on the Russian River, and sockeye, late-run Chinook,
coho, and pink salmon through a dip net/rod and reel fishery at two
specified sites on the Kenai River below Skilak Lake and as provided in
this section. For Ninilchik residents, salmon taken in the Kasilof
River Federal subsistence fish wheel, and dip net/rod and reel fishery
will be included as part of each household's annual limit for the Kenai
and Russian Rivers' dip net and rod and reel fishery. For both Kenai
River fishing sites below Skilak Lake, incidentally caught fish may be
retained for subsistence uses, except for early-run Chinook salmon
(unless otherwise provided for), rainbow trout 18 inches or longer, and
Dolly Varden 18 inches or longer, which must be released. For the
Russian River fishing site, incidentally caught fish may be retained
for subsistence uses, except for early- and late-run Chinook salmon,
coho salmon, rainbow trout, and Dolly Varden, which must be released.
Before leaving the fishing site, all retained fish must be recorded on
the permit and marked by removing the dorsal fin. Harvests must be
reported within 72 hours to the Federal fisheries manager upon leaving
the fishing site, and permits must be returned to the manager by the
due date listed on the permit. Chum salmon that are retained are to be
included within the annual limit for sockeye salmon. Only residents of
Cooper Landing, Hope, and Ninilchik may retain incidentally caught
resident species.
(1) The household dip net and rod and reel gear fishery is limited
to three sites:
[[Page 12581]]
(i) At the Kenai River Moose Range Meadows site, dip netting is
allowed only from a boat from a Federal regulatory marker on the Kenai
River at about river mile 29 downstream approximately 2.5 miles to
another marker on the Kenai River at about river mile 26.5. Residents
using rod and reel gear at this fishery site may fish from boats or
from shore with up to two baited single or treble hooks June 15-August
31. Seasonal riverbank closures and motor boat restrictions are the
same as those listed in State of Alaska fishing regulations (5 AAC 56
and 5 AAC 57 and 5 AAC 77.540).
(ii) At the Kenai River Mile 48 site, dip netting is allowed while
either standing in the river or from a boat, from Federal regulatory
markers on both sides of the Kenai River at about river mile 48
(approximately 2 miles below the outlet of Skilak Lake) downstream
approximately 2.5 miles to a marker on the Kenai River at about river
mile 45.5. Residents using rod and reel gear at this fishery site may
fish from boats or from shore with up to two baited single or treble
hooks June 15-August 31. Seasonal riverbank closures and motor boat
restrictions are the same as those listed in State of Alaska fishing
regulations (5 AAC 56, 5 AAC 57, and 5 AAC 77.540).
(iii) At the Russian River Falls site, dip netting is allowed from
a Federal regulatory marker near the upstream end of the fish ladder at
Russian River Falls downstream to a Federal regulatory marker
approximately 600 yards below Russian River Falls. Residents using rod
and reel gear at this fishery site may not fish with bait at any time.
(2) Fishing seasons are as follows:
(i) For sockeye salmon at all fishery sites: June 15-August 15;
(ii) For late-run Chinook, pink, and coho salmon at both Kenai
River fishery sites only: July 16-September 30; and
(iii) Fishing for sockeye, late-run Chinook, coho, or pink salmon
will close by special action prior to regulatory end dates if the
annual total harvest limit for that species is reached or superseded by
Federal special action.
(3) Each household may harvest their annual sockeye, late-run
Chinook, coho, or pink salmon limits in one or more days, and each
household member may fish with a dip net or rod and reel during this
time. Salmon taken in the Kenai River system dip net and rod and reel
fishery by Ninilchik households will be included as part of those
household's annual limits for the Kasilof River.
(i) For sockeye salmon--annual total harvest limit of 4,000
(including any retained chum salmon); annual household limits of 25 for
each permit holder and 5 additional for each household member;
(ii) For late-run Chinook salmon--annual total harvest limit of
1,000; annual household limits of 10 for each permit holder and 2
additional for each household member;
(iii) For coho salmon--annual total harvest limit of 3,000; annual
household limits of 20 for each permit holder and 5 additional for each
household member; and
(iv) For pink salmon--annual total harvest limit of 2,000; annual
household limits of 15 for each permit holder and 5 additional for each
household member.
(E) For Federally managed waters of the Kenai River and its
tributaries, in addition to the dip net and rod and reel fisheries on
the Kenai and Russian rivers described under paragraph (e)(10)(iv)(D)
of this section, residents of Hope, Cooper Landing, and Ninilchik may
take sockeye, Chinook, coho, pink, and chum salmon through a separate
rod and reel fishery in the Kenai River drainage. Before leaving the
fishing site, all retained fish must be recorded on the permit and
marked by removing the dorsal fin. Permits must be returned to the
Federal fisheries manager by the due date listed on the permit.
Incidentally caught fish, other than salmon, are subject to regulations
found in paragraphs (e)(10)(iv)(F) and (G) of this section. Seasons,
areas (including seasonal riverbank closures), harvest and possession
limits, and methods and means (including motor boat restrictions) for
take are the same as for the taking of these salmon species under State
of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC 77.54),
except for the following harvest and possession limits:
(1) In the Kenai River below Skilak Lake, fishing is allowed with
up to two baited single or treble hooks June 15-August 31.
(2) For early-run Chinook salmon less than 46 inches or 55 inches
or longer, daily harvest and possession limits are two per day and two
in possession.
(3) For late-run Chinook salmon 20 inches and longer, daily harvest
and possession limits are two per day and two in possession.
(4) Annual harvest limits for any combination of early- and late-
run Chinook salmon are four for each permit holder.
(5) For other salmon 16 inches and longer, the combined daily
harvest and possession limits are six per day and six in possession, of
which no more than four per day and four in possession may be coho
salmon, except for the Sanctuary Area and Russian River, for which no
more than two per day and two in possession may be coho salmon.
(F) For Federally managed waters of the Kenai River and its
tributaries below Skilak Lake outlet at river mile 50, residents of
Cooper Landing, Hope, and Ninilchik may take resident fish species
including lake trout, rainbow trout, and Dolly Varden/Arctic char with
jigging gear through the ice or rod and reel gear in open waters.
Resident fish species harvested in the Kenai River drainage under the
conditions of a Federal subsistence permit must be marked by removal of
the dorsal fin immediately after harvest and recorded on the permit
prior to leaving the fishing site. Seasons, areas (including seasonal
riverbank closures), harvest and possession limits, and methods and
means (including motor boat restrictions) for take are the same as for
the taking of these resident species under State of Alaska fishing
regulations (5 AAC 56, 5 AAC 57, and 5 AAC 77.54), except for the
following harvest and possession limits:
(1) For lake trout 20 inches or longer, daily harvest and
possession limits are four per day and four in possession. For fish
less than 20 inches, daily harvest and possession limits are 15 per day
and 15 in possession.
(2) In flowing waters, daily harvest and possession limits for
Dolly Varden/Arctic char less than 18 inches in length are one per day
and one in possession. In lakes and ponds, daily harvest and possession
limits are two per day and two in possession. Only one of these fish
can be 20 inches or longer.
(3) In flowing waters, daily harvest and possession limits for
rainbow/steelhead trout are one per day and one in possession and must
be less than 18 inches in length. In lakes and ponds, daily harvest and
possession limits are two per day and two in possession of which only
one fish 20 inches or longer may be harvested daily.
(G) For Federally managed waters of the upper Kenai River and its
tributaries above Skilak Lake outlet at river mile 50, residents of
Cooper Landing, Hope, and Ninilchik may take resident fish species
including lake trout, rainbow trout, and Dolly Varden/Arctic char with
jigging gear through the ice or rod and reel gear in open waters.
Resident fish species harvested in the Kenai River drainage under the
conditions of a Federal subsistence permit must be marked by removal of
the dorsal fin immediately after harvest and recorded on the permit
prior to leaving the fishing site. Seasons, areas (including seasonal
riverbank closures), harvest and possession limits, and methods and
[[Page 12582]]
means (including motor boat restrictions) for take are the same as for
the taking of these resident species under Alaska fishing regulations
(5 AAC 56, 5 AAC 57, 5 AAC 77.54), except for the following harvest and
possession limits:
(1) For lake trout 20 inches or longer, daily harvest and
possession limits are four per day and four in possession. For fish
less than 20 inches, daily harvest and possession limits are 15 fish
per day and 15 in possession. For Hidden Lake, daily harvest and
possession limits are two per day and two in possession regardless of
size.
(2) In flowing waters, daily harvest and possession limits for
Dolly Varden/Arctic char less than 16 inches are one per day and one in
possession. In lakes and ponds, daily harvest and possession limits are
two per day and two in possession of which only one fish 20 inches or
longer may be harvested daily.
(3) In flowing waters, daily harvest and possession limits for
rainbow/steelhead trout are one per day and one in possession and it
must be less than 16 inches in length. In lakes and ponds, daily
harvest and possession limits are two per day and two in possession of
which only one fish 20 inches or longer may be harvested daily.
(H) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon through a fish wheel fishery in the Federal public waters
of the upper mainstem of the Kasilof River. Residents of Ninilchik may
retain other species incidentally caught in the Kasilof River except
for rainbow/steelhead trout, which must be released and returned
unharmed to the water.
(1) Only one fish wheel can be operated on the Kasilof River. The
fish wheel must have a live box, must be monitored when fishing, must
be stopped from fishing when it is not being monitored or used, and
must be installed and operated in compliance with any regulations and
restrictions for its use within the Kenai National Wildlife Refuge.
(2) One registration permit will be available and will be awarded
by the Federal in-season fishery manager, in consultation with the
Kenai National Wildlife Refuge manager, based on the merits of the
operation plan. The registration permit will be issued to an
organization that, as the fish wheel owner, will be responsible for its
construction, installation, operation, use, and removal in consultation
with the Federal fishery manager. The owner may not rent or lease the
fish wheel for personal gain. As part of the permit, the organization
must:
(i) Prior to the season, provide a written operation plan to the
Federal fishery manager including a description of how fishing time and
fish will be offered and distributed among households and residents of
Ninilchik;
(ii) During the season, mark the fish wheel with a wood, metal, or
plastic plate at least 12 inches high by 12 inches wide that is
permanently affixed and plainly visible, and that contains the
following information in letters and numerals at least 1 inch high:
registration permit number; organization's name and address; and
primary contact person name and telephone number;
(iii) After the season, provide written documentation of required
evaluation information to the Federal fishery manager including, but
not limited to, person or households operating the gear, hours of
operation, and number of each species caught and retained or released.
(3) People operating the fish wheel must:
(i) Have a valid Federal subsistence fishing permit in their
possession;
(ii) If they are not the fish wheel owner, attach an additional
wood, metal, or plastic plate at least 12 inches high by 12 inches wide
to the fish wheel that is plainly visible, and that contains their
fishing permit number, name, and address in letters and numerals at
least 1 inch high;
(iii) Remain on site to monitor the fish wheel and remove all fish
at least every hour;
(iv) Before leaving the site, mark all retained fish by removing
their dorsal fin and record all retained fish on their fishing permit;
and
(v) Within 72 hours of leaving the site, report their harvest to
the Federal fisheries manager.
(4) The fish wheel owner (organization) may operate the fish wheel
for subsistence purposes on behalf of residents of Ninilchik by
requesting a subsistence fishing permit that:
(i) Identifies a person who will be responsible for operating the
fish wheel;
(ii) Includes provisions for recording daily catches, the household
to whom the catch was given, and other information determined to be
necessary for effective resource management by the Federal fishery
manager.
(5) Fishing will be allowed from June 16 through October 31 on the
Kasilof River unless closed or otherwise restricted by Federal special
action.
(6) Salmon taken in the fish wheel fishery will be included as part
of dip net/rod and reel fishery annual total harvest limits for the
Kasilof River and as part of dip net/rod and reel household annual
limits of participating households.
(7) Fishing for each salmon species will end and the fishery will
be closed by Federal special action prior to regulatory end dates if
the annual total harvest limit for that species is reached or
superseded by Federal special action.
(8) This regulation expires December 31, 2011, or 3 years after the
first installation of the fish wheel, which ever comes first, or unless
renewed by the Federal Subsistence Board.
(9) You may take smelt with dip nets in fresh water only from April
1-June 15. There are no harvest or possession limits for smelt.
(10) Gillnets may not be used in fresh water, except for the taking
of whitefish in the Tyone River drainage and as otherwise provided for
in this Cook Inlet section.
(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 make
not take rainbow/steelhead trout, except as otherwise provided for in
paragraph (e)(11) of this section.
(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 (b)(1) of this
section 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
[[Page 12583]]
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 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
paragraph (e)(11) of this section and during fishing operations;
(E) Only the permit holder and the authorized member(s) 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 village or
organization. The following additional provisions apply to subsistence
fishing permits issued under this paragraph (e)(11)(xiv) of this
section:
(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 (e)(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 (e)(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
[[Page 12584]]
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 of the year the permit was issued;
(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 through 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 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.
(iii) If you take salmon, trout, or char incidentally by gear
operated under the terms of a subsistence permit for salmon, you may
retain them for subsistence purposes. You must report any salmon,
trout, or char taken in this manner on your permit calendar.
(iv) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit. In areas where use of rod and reel is allowed, you may use
artificial fly, lure, or bait when fishing with rod and reel, unless
restricted by Federal permit. If you use bait, you must retain all
Federally regulated fish species caught, and they apply to your
applicable daily and annual harvest limits for that species. For
streams with steelhead, once your daily or annual limit of steelhead is
harvested, you may no longer fish with bait for any species.
(v) In the Situk River, each subsistence salmon fishing permit
holder shall attend his or her gillnet at all times when it is being
used to take salmon.
(vi) You may block up to two-thirds of a stream with a gillnet or
seine used for subsistence fishing.
(vii) You must immediately remove both lobes of the caudal (tail)
fin from subsistence-caught salmon when taken.
(viii) You may not possess subsistence-taken and sport-taken salmon
on the same day.
(ix) You must possess a subsistence fishing permit to take Dolly
Varden. The daily harvest and possession limit is 10 Dolly Varden of
any size.
(13) Southeastern Alaska Area. The Southeastern Alaska Area
includes all waters between a line projecting southwest from the
westernmost tip of Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or under the terms of a
subsistence fishing permit, you may take fish other than salmon, trout,
grayling, and char in the Southeastern Alaska Area at any time.
(ii) You must possess a subsistence fishing permit to take salmon,
trout, grayling, or char. You must possess a subsistence fishing permit
to take eulachon from any freshwater stream flowing into fishing
Sections 1C or 1D.
(iii) In the Southeastern Alaska Area, a rainbow trout is defined
as a fish of the species Oncorhyncus mykiss less than 22 inches in
overall length. A steelhead is defined as a rainbow trout with an
overall length of 22 inches or larger.
(iv) In areas where use of rod and reel is allowed, you may use
artificial fly, lure, or bait when fishing with rod and reel, unless
restricted by Federal permit. If you use bait, you must retain all
Federally regulated fish species caught, and they apply to your
applicable daily, seasonal, and annual harvest limits for that species.
(A) For streams with steelhead, once your daily, seasonal, or
annual limit of steelhead is harvested, you may no longer fish with
bait for any species.
(B) Unless otherwise specified in this paragraph (e)(13) of this
section, allowable gear for salmon or steelhead is restricted to gaffs,
spears, gillnets, seines, dip nets, cast nets, handlines, or rod and
reel.
(v) Unless otherwise specified in this paragraph (e)(13) of this
section, you may use a handline for snagging salmon or steelhead.
(vi) You may fish with a rod and reel within 300 feet of a fish
ladder unless the site is otherwise posted by the USDA Forest Service.
You may not fish from, on, or in a fish ladder.
(vii) You may not accumulate Federal subsistence harvest limits
authorized for the Southeastern Alaska Area with any harvest limits
authorized under any State of Alaska fishery with the following
exception: Annual or seasonal Federal subsistence harvest limits may be
accumulated with State sport fishing harvest limits provided that
accumulation of harvest limits does not occur during the same day.
(viii) If you take salmon, trout, or char incidentally with gear
operated under terms of a subsistence permit for other salmon, they may
be kept for subsistence purposes. You must report any salmon, trout, or
char taken in this manner on your subsistence fishing permit.
(ix) No permits for the use of nets will be issued for the salmon
streams flowing across or adjacent to the road systems within the city
limits of Petersburg, Wrangell, and Sitka.
(x) You must immediately remove both lobes of the caudal (tail) fin
of subsistence-caught salmon when taken.
(xi) You may not possess subsistence-taken and sport-taken fish of
a given species on the same day.
(xii) If a harvest limit is not otherwise listed for sockeye in
paragraph (e)(13) of this section, the harvest limit for sockeye salmon
is the same as provided for in adjacent State subsistence or personal
use fisheries. If a harvest limit is not established for the State
subsistence or personal use fisheries, the possession limit is 10
sockeye and the annual harvest limit is 20 sockeye per household for
that stream.
(xiii) The Sarkar River system above the bridge is closed to the
use of all nets by both Federally qualified and non-Federally qualified
users.
(xiv) You may take Chinook, sockeye, and coho salmon in the
mainstem of the Stikine River only under the authority of a Federal
subsistence fishing permit. Each Stikine River permit will be issued to
a household. Only dip nets, spears, gaffs, rod and reel, beach seine,
or gillnets not exceeding 15 fathoms in length may be used. The maximum
gillnet mesh size is 5\1/2\; inches, except during the Chinook season
when the maximum gillnet mesh size is 8 inches.
(A) You may take Chinook salmon from May 15 through June 20. The
[[Page 12585]]
annual limit is 5 Chinook salmon per household.
(B) You may take sockeye salmon from June 21 through July 31. The
annual limit is 40 sockeye salmon per household.
(C) You may take coho salmon from August 1 through October 1. The
annual limit is 20 coho salmon per household.
(D) You may retain other salmon taken incidentally by gear operated
under terms of this permit. The incidentally taken salmon must be
reported on your permit calendar.
(E) The total annual guideline harvest level for the Stikine River
fishery is 125 Chinook, 600 sockeye, and 400 coho salmon. All salmon
harvested, including incidentally taken salmon, will count against the
guideline for that species.
(xv) You may take coho salmon with a Federal salmon fishing permit.
There is no closed season. The daily harvest limit is 20 coho salmon
per household. Only dip nets, spears, gaffs, handlines, and rod and
reel may be used. There are specific rules to harvest any salmon on the
Stikine River, and you must have a separate Stikine River subsistence
salmon fishing permit to take salmon on the Stikine River.
(xvi) Unless noted on a Federal subsistence harvest permit, there
are no harvest limits for pink or chum salmon.
(xvii) Unless otherwise specified in paragraph (e)(13) of this
section, you may take steelhead under the terms of a subsistence
fishing permit. The open season is January 1 through May 31. The daily
household harvest and possession limit is one with an annual household
limit of two. You may only use a dip net, gaff, handline, spear, or rod
and reel. The permit conditions and systems to receive special
protection will be determined by the local Federal fisheries manager in
consultation with ADF&G.
(xviii) You may take steelhead trout on Prince of Wales and
Kosciusko Islands under the terms of Federal subsistence fishing
permits. You must obtain a separate permit for the winter and spring
seasons.
(A) The winter season is December 1 through the last day of
February, with a harvest limit of two fish per household. You may use
only a dip net, handline, spear, or rod and reel. The winter season may
be closed when the harvest level cap of 100 steelhead for the Prince of
Wales/Kosciusko Islands has been reached. You must return your winter
season permit within 15 days of the close of the season and before
receiving another permit for a Prince of Wales/Kosciusko steelhead
subsistence fishery. The permit conditions and systems to receive
special protection will be determined by the local Federal fisheries
manager in consultation with ADF&G.
(B) The spring season is March 1 through May 31, with a harvest
limit of five fish per household. You may use only a dip net, handline,
spear, or rod and reel. The spring season may be closed prior to May 31
if the harvest quota of 600 fish minus the number of steelhead
harvested in the winter subsistence steelhead fishery is reached. You
must return your spring season permit within 15 days of the close of
the season and before receiving another permit for a Prince of Wales/
Kosciusko steelhead subsistence fishery. The permit conditions and
systems to receive special protection will be determined by the local
Federal fisheries manager in consultation with ADF&G.
(xix) In addition to the requirement for a Federal subsistence
fishing permit, the following restrictions for the harvest of Dolly
Varden, brook trout, grayling, cutthroat, and rainbow trout apply:
(A) The daily household harvest and possession limit is 20 Dolly
Varden; there is no closed season or size limit;
(B) The daily household harvest and possession limit is 20 brook
trout; there is no closed season or size limit;
(C) The daily household harvest and possession limit is 20
grayling; there is no closed season or size limit;
(D) The daily household harvest limit is 6 and the household
possession limit is 12 cutthroat or rainbow trout in combination; there
is no closed season or size limit;
(E) You may only use a rod and reel;
(F) The permit conditions and systems to receive special protection
will be determined by the local Federal fisheries manager in
consultation with ADF&G.
(xx) There is no subsistence fishery for any salmon on the Taku
River.
0
5. In subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. ------.28
is added to read as follows:
Sec. ------.28 Subsistence taking of shellfish.
(a) Covered species.
(1) Regulations in this section apply to subsistence taking of
Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and
other shellfish or their parts.
(2) You may take shellfish for subsistence uses at any time in any
area of the public lands by any method unless restricted by this
section.
(b) Methods, means, and general restrictions.
(1) 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. 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 shellfish of that species under any other harvest limit
specified for a State season.
(2) Unless otherwise provided 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 to take
shellfish:
(i) Abalone iron;
(ii) Diving gear;
(iii) A grappling hook;
(iv) A handline;
(v) A hydraulic clam digger;
(vi) A mechanical clam digger;
(vii) A pot;
(viii) A ring net;
(ix) A scallop dredge;
(x) A sea urchin rake;
(xi) A shovel; and
(xii) A trawl.
(3) You are prohibited from buying or selling subsistence-taken
shellfish, their parts, or their eggs, unless otherwise specified.
(4) You may not use explosives and chemicals, except that you may
use chemical baits or lures to attract shellfish.
(5) Marking requirements for subsistence shellfish gear are as
follows:
(i) You must plainly and legibly inscribe your first initial, last
name, and address on a keg or buoy attached to unattended subsistence
fishing gear, except when fishing through the ice, when you may
substitute for the keg or buoy a stake inscribed with your first
initial, last name, and address inserted in the ice near the hole;
subsistence fishing gear may not display a permanent ADF&G vessel
license number;
(ii) Kegs or buoys attached to subsistence crab pots also must be
inscribed with the name or United States Coast Guard number of the
vessel used to operate the pots.
(6) Pots used for subsistence fishing must comply with the escape
mechanism requirements found in Sec. 100.27(b)(2).
(7) You may not mutilate or otherwise disfigure a crab in any
manner which would prevent determination of the minimum size
restrictions until the crab has been processed or prepared for
consumption.
(c) Taking shellfish by designated harvest permit.
(1) Any species of shellfish that may be taken by subsistence
fishing under
[[Page 12586]]
this part may be taken under a designated harvest permit.
(2) If you are a Federally-qualified subsistence user
(beneficiary), you may designate another Federally-qualified
subsistence user to take shellfish on your behalf. The designated
fisherman must obtain a designated harvest permit prior to attempting
to harvest shellfish and must return a completed harvest report. The
designated fisherman may harvest for any number of beneficiaries but
may have no more than two harvest limits in his/her possession at any
one time.
(3) The designated fisherman must have in possession a valid
designated harvest permit when taking, attempting to take, or
transporting shellfish taken under this section, on behalf of a
beneficiary.
(4) You may not fish with more than one legal limit of gear as
established by this section.
(5) You may not designate more than one person to take or attempt
to take shellfish on your behalf at one time. You may not personally
take or attempt to take shellfish at the same time that a designated
fisherman is taking or attempting to take shellfish on your behalf.
(d) Permit requirements. If a subsistence shellfish permit is
required by this section, the following conditions apply unless
otherwise specified by the subsistence regulations in this section:
(1) You may not take shellfish for subsistence in excess of the
limits set out in the permit unless a different limit is specified in
this section.
(2) You must obtain a permit prior to subsistence fishing.
(3) You must have the permit in your possession and readily
available for inspection while taking or transporting the species for
which the permit is issued.
(4) The permit may designate the species and numbers of shellfish
to be harvested, time and area of fishing, the type and amount of
fishing gear and other conditions necessary for management or
conservation purposes.
(5) If specified on the permit, you must keep accurate daily
records of the catch involved, showing the number of shellfish taken by
species, location and date of the catch, and such other information as
may be required for management or conservation purposes.
(6) You must complete and submit subsistence fishing reports at the
time specified for each particular area and fishery.
(7) If the return of catch information necessary for management and
conservation purposes is required by a subsistence 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.
(e) Subsistence take by commercial vessels. No fishing vessel which
is commercially licensed and registered for shrimp pot, shrimp trawl,
king crab, Tanner crab, or Dungeness crab fishing may be used for
subsistence take during the period starting 14 days before an opening
and ending 14 days after the closure of a respective open season in the
area or areas for which the vessel is registered. However, if you are a
commercial fisherman, you may retain shellfish for your own use from
your lawfully taken commercial catch.
(f) Size restrictions. You may not take or possess shellfish
smaller than the minimum legal size limits.
(g) Unlawful possession of subsistence shellfish. You may not
possess, transport, give, receive, or barter shellfish or their parts
taken in violation of Federal or State regulations.
(h) Charter and related operations.
(1) An owner, operator, or employee of a lodge, charter vessel, or
other enterprise that furnishes food, lodging, or guide services may
not furnish to a client or guest of that enterprise, shellfish that has
been taken under this section, unless:
(i) The shellfish has been taken with gear deployed and retrieved
by the client or guest who is a Federally qualified subsistence user;
(ii) The gear has been marked with the client's or guest's name and
address; and
(iii) The shellfish is to be consumed by the client or guest or is
consumed in the presence of the client or guest.
(2) The captain and crewmembers of a charter vessel may not deploy,
set, or retrieve their own gear in a subsistence shellfish fishery when
that vessel is being chartered.
(i) Subsistence shellfish areas and pertinent restrictions.
(1) Southeastern Alaska--Yakutat Area. No marine waters are
currently identified under Federal subsistence management jurisdiction,
except the marine waters occurring in the vicinity of Makhnati Island
as described in Sec. ----.3(b)(5) of these regulations.
(2) Prince William Sound Area. No marine waters are currently
identified under Federal subsistence management jurisdiction.
(3) Cook Inlet Area.
(i) You may take shellfish for subsistence purposes only as allowed
in paragraph (i)(3) of this section.
(ii) You may not take king crab, Dungeness crab, or shrimp for
subsistence purposes.
(iii) In the subsistence taking of Tanner crab:
(A) Male Tanner crab may be taken only from July 15 through March
15;
(B) The daily harvest and possession limit is 5 male Tanner crabs;
(C) Only male Tanner crabs 5\1/2\; inches or greater in width of
shell may be taken or possessed;
(D) No more than two pots per person, regardless of type, with a
maximum of two pots per vessel, regardless of type, may be used to take
Tanner crab.
(iv) In the subsistence taking of clams:
(A) The daily harvest and possession limit for littleneck clams is
1,000 and the minimum size is 1.5 inches in length;
(B) The daily harvest and possession limit for butter clams is 700
and the minimum size is 2.5 inches in length.
(v) Other than as specified in this section, there are no harvest,
possession, or size limits for other shellfish, and the season is open
all year.
(4) Kodiak Area.
(i) You may take crab for subsistence purposes only under the
authority of a subsistence crab fishing permit issued by the ADF&G.
(ii) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
before subsistence shrimp fishing during a State closed commercial
shrimp fishing season or within a closed commercial shrimp fishing
district, section, or subsection. The permit must specify the area and
the date the vessel operator intends to fish. No more than 500 pounds
(227 kg) of shrimp may be in possession aboard the vessel.
(iii) The daily harvest and possession limit is 12 male Dungeness
crabs per person; only male Dungeness crabs with a shell width of 6\1/
2\ inches or greater may be taken or possessed. Taking of Dungeness
crab is prohibited in water 25 fathoms or more in depth during the 14
days immediately before the State opening of a commercial king or
Tanner crab fishing season in the location.
(iv) In the subsistence taking of king crab:
(A) The annual limit is three crabs per household; only male king
crab with shell width of 7 inches or greater may be taken or possessed.
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a 2-week period must have all bait and
bait containers removed and all doors secured fully open.
[[Page 12587]]
(C) You may only use one crab pot, which may be of any size, to
take king crab.
(D) You may take king crab only from June 1 through January 31,
except that the subsistence taking of king crab is prohibited in waters
25 fathoms or greater in depth during the period 14 days before and 14
days after State open commercial fishing seasons for red king crab,
blue king crab, or Tanner crab in the location.
(E) The waters of the Pacific Ocean enclosed by the boundaries of
Womens Bay, Gibson Cove, and an area defined by a line \1/2\ mile on
either side of the mouth of the Karluk River, and extending seaward
3,000 feet, and all waters within 1,500 feet seaward of the shoreline
of Afognak Island are closed to the harvest of king crab except by
Federally qualified subsistence users.
(v) In the subsistence taking of Tanner crab:
(A) You may not use more than five crab pots to take Tanner crab.
(B) You may not take Tanner crab in waters 25 fathoms or greater in
depth during the 14 days immediately before the opening of a State
commercial king or Tanner crab fishing season in the location.
(C) The daily harvest and possession limit per person is 12 male
crabs with a shell width 5\1/2\ inches or greater.
(5) Alaska Peninsula--Aleutian Islands Area.
(i) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
prior to subsistence shrimp fishing during a closed State commercial
shrimp fishing season or within a closed commercial shrimp fishing
district, section, or subsection; the permit must specify the area and
the date the vessel operator intends to fish; no more than 500 pounds
(227 kg) of shrimp may be in possession aboard the vessel.
(ii) The daily harvest and possession limit is 12 male Dungeness
crabs per person; only crabs with a shell width of 5\1/2\ inches or
greater may be taken or possessed.
(iii) In the subsistence taking of king crab:
(A) The daily harvest and possession limit is six male crabs per
person; only crabs with a shell width of 6\1/2\ inches or greater may
be taken or possessed;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a 2-week period must have all bait and
bait containers removed and all doors secured fully open;
(C) You may take crabs only from June 1 through January 31.
(iv) The daily harvest and possession limit is 12 male Tanner crabs
per person; only crabs with a shell width of 5\1/2\ inches or greater
may be taken or possessed.
(6) Bering Sea Area.
(i) In that portion of the area north of the latitude of Cape
Newenham, shellfish may only be taken by shovel, jigging gear, pots,
and ring net.
(ii) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
prior to subsistence shrimp fishing during a closed commercial shrimp
fishing season or within a closed commercial shrimp fishing district,
section, or subsection; the permit must specify the area and the date
the vessel operator intends to fish; no more than 500 pounds (227 kg)
of shrimp may be in possession aboard the vessel.
(iii) In waters south of 60[deg] North latitude, the daily harvest
and possession limit is 12 male Dungeness crabs per person.
(iv) In the subsistence taking of king crab:
(A) In waters south of 60[deg] North latitude, the daily harvest
and possession limit is six male crabs per person.
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a 2-week period must have all bait and
bait containers removed and all doors secured fully open.
(C) In waters south of 60[deg] North latitude, you may take crab
only from June 1 through January 31.
(D) In the Norton Sound Section of the Northern District, you must
have a subsistence permit.
(v) In waters south of 60[deg] North latitude, the daily harvest
and possession limit is 12 male Tanner crabs.
Dated: February 15, 2011.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: February 11, 2011.
Steve Kessler,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2011-5174 Filed 3-7-11; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P