[Title 25 CFR sec. 15,]
[Code of Federal Regulations (annual edition) - April 1, 2004 Edition]
[Title 25 - INDIANS]
[Chapter I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR]
[Subchapter J - FISH AND WILDLIFE]
[Sec. 15, - 26 Stat. 1101,]
[From the U.S. Government Publishing Office]
25INDIANS12004-04-012004-04-01false26 Stat. 1101,sec. 15,sec. 15,INDIANSBUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIORFISH AND WILDLIFE
PART 241_INDIAN FISHING IN ALASKA--Table of Contents
Sec.
241.1 Purpose.
241.2 Annette Islands Reserve; definition; exclusive fishery; licenses.
241.3 Commercial fishing, Annette Islands Reserve.
241.4 Subsistence and sport fishing, Annette Islands Reserve.
241.5 Commercial fishing, Karluk Indian Reservation.
241.6 Enforcement; violation of regulations; corrective action;
penalties; closure of restrictions, Annette Islands Reserve.
Authority: 25 U.S.C. 2, 9; 43 U.S.C. 1457; sec. 15, 26 Stat. 1101,
48 U.S.C. 358; Presidential Proclamation, Apr. 28, 1916, 39 Stat. 1777;
sec. 2, 49 Stat. 1250, 48 U.S.C. 358a; sec. 4, 72 Stat. 339, as amended
73 Stat. 141.
Source: 28 FR 7183, July 12, 1963, unless otherwise noted.
Redesignated at 47 FR 13327, Mar. 30, 1982.
Sec. 241.1 Purpose.
The purpose of the regulations in this part is to regulate all
fishing within the Annette Islands Reserve and to regulate Indian and
other native commercial fishing in the Karluk Indian Reservation, but
they shall not be construed to limit any rights of Indians or other
natives of Alaska not specifically covered hereby.
Sec. 241.2 Annette Islands Reserve; definition; exclusive fishery; licenses.
(a) Definition. The Annette Islands Reserve is defined as the
Annette Islands in Alaska, as set apart as a reservation by section 15
of the Act of March 3, 1891 (26 Stat. 1101, 48 U.S.C. sec. 358), and
including the area identified in the Presidential Proclamation of April
28, 1916 (39 Stat. 1777), as the waters within three thousand feet from
the shore lines at mean low tide of Annette Island, Ham Island, Walker
Island, Lewis Island, Spire Island, Hemlock Island, and adjacent rocks
and islets, located within the broken line upon the diagram attached to
and made a part of said Proclamation; and also the bays of said islands,
rocks, and islets.
(b) Exclusive fishery. The Annette Islands Reserve is declared to be
exclusively reserved for fishing by the members of the Metlakatla Indian
Community and such other Alaskan Natives as have joined or may join them
in residence on the aforementioned islands, and any other person fishing
therein without authority or permission of the Metlakatla Indian
Community shall be subject to prosecution under the provisions of
section 2 of the Act of July 2, 1960 (74 Stat. 469, 18 U.S.C. sec.
1165).
(c) Licenses. Members of the Metlakatla Indian Community, and such
other Alaskan Natives as have joined them or may join them in residence
on the aforementioned islands, shall not be required to obtain a license
or permit from the State of Alaska to engage in fishing in the waters of
the Annette Islands Reserve.
Sec. 241.3 Commercial fishing, Annette Islands Reserve.
(a) Definition. Commercial fishing is the taking, fishing for, or
possession of fish, shellfish, or other fishery resources with the
intent of disposing of such fish, shellfish, or other fishery resources
or parts thereof for profit, or by sale, barter, trade, or in commercial
channels.
(b) Trap fishing sites; number and location. During 1963, and until
the Secretary of the Interior or his duly authorized representative
determines otherwise, the Metlakatla Indian Community is permitted to
operate not more than one trap per site for salmon fishing at any four
of the following sites in the Annette Islands Reserve, Alaska:
(1) Annette Island at 55 degrees 15 minutes 09 seconds north
latitude, 131 degrees 36 minutes 00 seconds west longitude.
(2) Annette Island at 55 degrees 12 minutes 52 seconds north
latitude, 131 degrees 36 minutes 10 seconds west longitude.
(3) Annette Island at 55 degrees 02 minutes 47 seconds north
latitude, 131 degrees 38 minutes 53 seconds west longitude.
[[Page 648]]
(4) Annette Island at 55 degrees 05 minutes 41 seconds north
latitude, 131 degrees 36 minutes 39 seconds west longitude.
(5) Annette Island at 55 degrees 01 minute 54 seconds north
latitude, 131 degrees 38 minutes 36 seconds west longitude.
(6) Annette Island at 55 degrees 00 minutes 45 seconds north
latitude, 131 degrees 38 minutes 30 seconds west longitude.
(7) Annette Island at 54 degrees 59 minutes 41 seconds north
latitude, 131 degrees 36 minutes 48 seconds west longitude.
(8) Ham Island at 55 degrees 10 minutes 13 seconds north latitude,
131 degrees 19 minutes 31 seconds west longitude.
(c) Trap fishing season. Fishing for salmon with traps operated by
the Metlakatla Indian Community is permitted only at such times as
commercial salmon fishing with purse seines is permitted by order or
regulation of the Alaska Board of Fish and Game for Commercial Fishing
in any part of the following area: from the point at which meridian
132[deg]17[min]30[sec], thence due east along said parallel to longitude
130[deg]49[min]15[sec], then due south along said meridian to the point
at which it intersects with the United States-Canadian boundary, thence
due west along said boundary to the point of beginning, provided,
however, that the Secretary or his duly authorized representative may
upon request by the Metlakatla Indian Community, authorize fishing for
salmon with traps, at such other times as he shall prescribe, which
authorization shall be based upon the following criteria:
(1) Number of fish required for spawning escapement and any other
requirements reasonable and necessary for conservation;
(2) Fair and equitable sharing of the salmon resource with other
user groups fishing in State waters under State law and within the State
fisheries management system; and
(3) The federal purpose in the establishment and maintenance of the
Metlakatla Indian Reservation.
(d) Size, construction and closure of fish traps--(1) Size. When any
part of a trap is in a greater depth of water than 100 feet, the trap as
measured from shore at mean high tide to the outer face of the pot shall
not extend beyond 900 feet.
(2) Construction. Poles shall be permanently secured to the webbing
at each side of the mouth of the pot tunnel and shall extend from the
tunnel floor to a height at least four feet above the water. A draw line
shall be reeved through the lower end of both poles and the upper end of
one.
(3) Method of closing. The tunnel walls shall be overlapped as far
as possible across the pot gap and the draw line shall be pulled tight
and both secured so as to completely close the tunnel. In addition, 25
feet of the webbing of the heart on each side next to the pot shall be
lifted or lowered in such manner as to permit the free passage of fish.
(e) Other forms of commercial fishing. All commercial fishing, other
than with traps, shall be in accordance with the season and gear
restrictions established by rule or regulation by the Alaska Board of
Fish and Game for Commercial Fishing in any part of the previously
defined area; provided, however, that the Secretary or his duly
authorized representative may, upon request by the Metlakatla Indian
Community authorize such other commercial fishing at such times as he
shall prescribe, which authorization shall be based upon the following
criteria:
(1) Number of fish required for spawning escapement and any other
requirements reasonable and necessary for conservation;
(2) Fair and equitable sharing of the fishery resource with other
user groups fishing in State waters under State law and within the State
fisheries management system; and
(3) The Federal purpose in the establishment and maintenance of the
Metlakatla Indian Reservation.
[28 FR 7183, July 12, 1963; 28 FR 12273, Nov. 20, 1963, as amended at 40
FR 24184, June 5, 1975. Redesignated at 47 FR 13327, Mar. 30, 1982]
Sec. 241.4 Subsistence and sport fishing, Annette Islands Reserve.
(a) Definitions. (1) Subsistence fishing is the taking or attempting
to take any species of fish or shellfish for purposes other than sale or
barter, except
[[Page 649]]
as provided for in paragraph (a)(2) of this section.
(2) Sport fishing is the taking or attempting to take for personal
use, and not for sale or barter, any fresh water, marine, or anadromous
fish by hook and line or by such means as defined by regulation or
statute of the State of Alaska.
(b) Restrictions. Subsistence fishing within the Annette Islands
Reserve shall be in accordance with the season, gear and bag
restrictions established by rule or regulation of the Alaska Board of
Fish and Game for Commercial Fishing in Fishing District No. 1. Sport
fishing within the Annette Islands Reserve shall be in accordance with
the season, gear and bag restrictions established by rule or regulation
for Southeastern Alaska by the Alaska Board of Fish and Game. Both
subsistence and sport fishing shall also be in accordance with such
ordinances as may be adopted by the Council of the Metlakatla Indian
Community and approved by the Secretary of the Interior.
Sec. 241.5 Commercial fishing, Karluk Indian Reservation.
(a) Definition. The Karluk Indian Reservation includes all waters
extending 3,000 feet from the shore at mean low tide on Kodiak Island
beginning at the end of a point of land on the shore of Shelikof Strait
about 1\1/4\ miles east of Rocky Point and in approximate latitude 57
degrees 39 minutes 40 seconds N., longitude 154 degrees 12 minutes 20
seconds W.; thence south approximately 8 miles to latitude 57 degrees 32
minutes 30 seconds N.; thence west approximately 12\1/2\ miles to the
confluence of the north shore of Sturgeon River with the east shore of
Shelikof Strait; thence northeasterly following the easterly shore of
Shelikof Strait to the place of beginning, containing approximately
35,200 acres.
(b) Who may fish; licenses. The waters of the Karluk Indian
Reservation shall be open to commercial fishing by bona fide native
inhabitants of the native village of Karluk and vicinity, and to other
persons insofar as the fishing activities of the latter do not restrict
or interfere with fishing by such natives. Such natives shall not be
required to obtain a license to engage in commercial fishing in the
waters of the Karluk Indian Reservation.
(c) Salmon fishing; restrictions. Commercial fishing for salmon by
native inhabitants of the native village of Karluk and vicinity in the
waters of the Karluk Indian Reservation shall be in accordance with the
seasonal and gear restrictions of the rules and regulations of the
Alaska Board of Fish and Game for Commercial Fishing in the fishing
district embracing the Karluk Indian Reservation except that:
(1) Beach seines up to 250 fathoms in length may be used northeast
of Cape Karluk; and
(2) Prior to July 1, fishing shall be permitted to within 100 yards
of the Karluk River where it breaks through the Karluk Spit into
Shelikof Strait.
Sec. 241.6 Enforcement; violation of regulations; corrective action;
penalties; closure of restrictions, Annette Islands Reserve.
(a) Enforcement. The regulations in this part shall be enforced by
any duly authorized representative of the Secretary of the Interior. Any
fish trap, vessel, gear, processing establishment or other operation or
equipment subject to the regulations of this part shall be available for
inspection at all times by such representative.
(b) Violation of regulations. Whenever any duly authorized
enforcement representative of the Secretary of the Interior has
reasonable cause to believe any violation of the regulations of this
part relating to fish traps has occurred, he shall direct immediate
closure of the trap involved and shall affix an appropriate seal thereto
to prevent further fishing. The matter shall be reported without delay
to the Area Director, Bureau of Indian Affairs, who shall thereupon
report and recommend to the Secretary of the Interior appropriate
corrective action.
(c) Corrective action. Any violation of the regulations of this part
relating to fish traps shall be ground for the temporary or permanent
closure, as the Secretary of the Interior may determine, of any or all
traps authorized by Sec. 241.3(a), or the withdrawal and rescission of
the right to fish for salmon with traps at any or all sites authorized
thereby.
[[Page 650]]
(d) Penalties. Any person who violates any of the regulations of
this part shall be subject to prosecution under section 2 of the Act of
July 12, 1960 (74 Stat. 469, 18 U.S.C. sec. 1165), which provides as
follows:
Whoever, without lawful authority or permission, willfully and
knowingly goes upon any land that belongs to any Indian or Indian tribe,
band, or group and either are held by the United States in trust or are
subject to a restriction against alienation imposed by the United
States, or upon any lands of the United States that are reserved for
Indian use, for the purpose of hunting, trapping, or fishing thereon, or
for the removal of game, peltries, or fish therefrom, shall be fined not
more than $200 or imprisoned not more than ninety days, or both, and all
game, fish, and peltries in his possession shall be forfeited.
(e) Closure or restriction, Annette Islands Reserve. The
Commissioner of Indian Affairs, after consultation with officials of the
Metlakatla Indian Community, is authorized and directed, upon a
determination of the necessity to promote sound conversation practices,
to restrict or close to commercial, subsistence or sport fishing any
portion of the Annette Islands Reserve by notice given appropriate local
publicity.
[28 FR 7183, July 12, 1963, as amended at 30 FR 5742, Apr. 23, 1965.
Redesignated at 47 FR 13327, Mar. 30, 1982]