Subsistence Management Regulations for Public Lands in Alaska:
Federal Register: March 8, 2011 (Volume 76, Number 45)
Rules and Regulations
Page 12564-12587
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr08mr11-8
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.
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
Rule made changes to the following provisions
Federal Register citation
Date of publication
of ----.24
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.
Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use determinations.
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.
Note: The Board met December 11-13, 2007, but did not make any additional customary and traditional use determinations.
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.
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
Federal Register citation
Date of publication
Category
Details
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.
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
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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
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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
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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.
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(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
