Subsistence Management Regulations for Public Lands in Alaska-2019-20 and 2020-21 Subsistence Taking of Fish Regulations
| Published date | 12 August 2019 |
| Citation | 84 FR 39744 |
| Record Number | 2019-17136 |
| Section | Rules and Regulations |
| Court | Fish And Wildlife Service,Forest Service |
Federal Register, Volume 84 Issue 155 (Monday, August 12, 2019)
[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Rules and Regulations]
[Pages 39744-39754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17136]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS-R7-SM-2017-0096; FXFR13350700640-190-FF07J00000; FBMS
#4500133004]
RIN 1018-BC06
Subsistence Management Regulations for Public Lands in Alaska--
2019-20 and 2020-21 Subsistence Taking of Fish Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule.
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SUMMARY: This final rule revises regulations for seasons, harvest
limits, methods, and means related to taking of fish for subsistence
uses in Alaska during the 2019-2020 and 2020-2021 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 rule also
revises fish customary and traditional use determinations.
DATES: This rule is effective August 12, 2019.
ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop
121, Anchorage, AK 99503, or on the Office of Subsistence Management
website (https://www.doi.gov/subsistence). The comments received in
response to the proposed rule are available on www.regulations.gov in
Docket No. FWS-R7-SM-2017-0096.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas C.J. Doolittle,
Office of Subsistence Management; (907) 786-3888 or
[email protected]. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
[email protected].
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 published final regulations in the
Federal Register on May 29, 1992 (57 FR 22940). The Program managers
have 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 242.1-242.28 and 50
CFR 100.1-100.28, 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 comprises:
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, National Park Service;
The Alaska State Director, Bureau of Land Management;
The Alaska Regional Director, Bureau of Indian Affairs;
The Alaska Regional Forester, USDA Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
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
[[Page 39745]]
subsistence resource regions, each of which is represented by a Federal
Subsistence Regional Advisory Council (Council). The 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
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 for fish and shellfish, along with some
administrative corrections, were published in the Federal Register as
follows:
Modifications to Sec. __.24
----------------------------------------------------------------------------------------------------------------
Rule made changes to the following provisions of
Federal Register citation Date of publication __.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.
66 FR 10142...................... February 13, 2001........ Fish/Shellfish.
67 FR 5890....................... February 7, 2002......... Fish/Shellfish.
68 FR 7276....................... February 12, 2003........ Fish/Shellfish.
69 FR 5018....................... February 3, 2004......... Fish/Shellfish.
70 FR 13377...................... March 21, 2005........... Fish/Shellfish.
71 FR 15569...................... March 29, 2006........... Fish/Shellfish.
72 FR 12676...................... March 16, 2007........... Fish/Shellfish.
72 FR 73426...................... December 27, 2007........ Wildlife/Fish.
74 FR 14049...................... March 30, 2009........... Fish/Shellfish.
76 FR 12564...................... March 8, 2011............ Fish/Shellfish.
83 FR 3079....................... January 23, 2018......... Fish.
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Current Rule
The Departments published a proposed rule, Subsistence Management
Regulations for Public Lands in Alaska--2019-20 and 2020-21 Subsistence
Taking of Fish Regulations, on March 23, 2018 (83 FR 12689), to amend
the fish section of subparts C and D of 36 CFR part 242 and 50 CFR part
100. The proposed rule opened a comment period, which closed on April
23, 2018. The Departments advertised the proposed rule by mail, email,
web page, social media, radio, and newspaper, and comments were
submitted via www.regulations.gov to Docket No. FWS-R7-SM-2017-0096.
During that period, the Councils met and, in addition to other Council
business, received suggestions for proposals from the public. The Board
received a total of 23 proposals for changes to subparts C and D; this
included 4 proposals that were deemed invalid because they were beyond
the scope of the Board's authority, and one that was deferred from the
previous fisheries cycle. 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 70 days in which to comment on the proposals for changes
to the regulations.
The 10 Councils met again, received public comments, and formulated
their recommendations to the Board on proposals for their respective
regions. The 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's public meeting of April 15-18, 2019.
These final regulations reflect Board review and consideration of
Council recommendations, Tribal and Alaska Native corporation
consultations, and public comments. The public received extensive
opportunity to review and comment on all changes.
Of the 19 valid proposals, 8 were on the Board's non-consensus
agenda and 11 were on the consensus agenda. The consensus agenda is
made up of proposals for which there is agreement among the affected
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 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 adopted two;
adopted four with modification; and rejected five. Analysis and
justification for the action taken on each proposal on the consensus
agenda are available for review at the Office of Subsistence
Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503,
or on the Office of Subsistence Management website (https://www.doi.gov/subsistence). Of the proposals on the non-consensus agenda,
the Board adopted three; adopted four with modification; and rejected
one.
Summary of Non-Consensus Proposals Not Adopted by the Board
The Board rejected one non-consensus proposal. The rejected
proposal was recommended for rejection by both affected Councils as
noted below.
[[Page 39746]]
Kuskokwim Area
The Board rejected a deferred proposal to restructure the
management plans, fishing schedules, and methods and means and allow
for independent action to be taken by the Federal in-season manager on
the Kuskokwim River. This action was supported by both affected
Councils.
Summary of Non-Consensus Proposals Adopted by the Board
The Board adopted three proposals and adopted with modification
four non-consensus proposals. Modifications were either suggested by
the affected 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 Councils
as noted below.
Yukon-Northern Area
The Board adopted with modification one proposal to revise the
drift gillnet fishery in District 4 and remove mesh depth restrictions.
This action was supported by three Councils and opposed by one.
Kuskokwim Area
The Board adopted one proposal to allow the use of 6-inch or less
mesh size prior to June 1 in the Kuskokwim River drainage. This action
was supported by one Council and opposed by another.
The Board adopted one proposal with modification to allow the use
of gillnets in tributaries of the Kuskokwim River during closures, in
which salmon do not spawn. One Council supported the proposal and
another supported with modification. The Board further modified the
text to clarify the original intent of the proponent.
Bristol Bay Area
The Board adopted one proposal to revise the regulations for the
take of salmon, without a permit, in Lake Clark and its tributaries and
include the use of rod and reel. This action was supported by the
affected Council.
Prince William Sound Area
The Board adopted one proposal with modification to place the
permit conditions for the Prince William Sound Area into regulations.
This action was supported by the affected Council.
The Board adopted one proposal that allows the use of one unit of
gear per person fishing under the same (household) subsistence permit
in the upper Copper River district.
Southeastern Alaska Area
The Board adopted one proposal to close the public waters of Neva
Lake, Neva Creek, and South Creek to the harvest of sockeye salmon
except by federally qualified users. This action was supported by the
affected Council.
In the area-specific regulations for fish, Southeastern Alaska
Area, Stikine River, the total annual guideline harvest level for this
fishery has been deleted based on changes in the coordination
requirements for the U.S./Canada Pacific Salmon Treaty, which went into
effect on January 1, 2019.
These final regulations reflect Board review and consideration of
Council recommendations, Tribal and Alaska Native corporation
consultations, 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 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 25 years that 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 that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does 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 section 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
section 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 section 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 section 810(a).
[[Page 39747]]
Paperwork Reduction Act of 1995 (PRA)
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 collections of information
associated with the subsistence regulations at 36 CFR part 242 and 50
CFR part 100, and assigned OMB Control Number 1018-0075 (expires August
31, 2019; in accordance with 5 CFR 1320.10, an agency may continue to
conduct or sponsor this collection of information while the renewal
submission is pending at OMB).
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
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 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 sections 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 summary impact statement. 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, Title VIII,
does not provide specific rights to Tribes for the subsistence taking
of wildlife, fish, and shellfish. However, the Board provided federally
recognized Tribes and Alaska Native corporations opportunities to
consult on this rule. Consultation with Alaska Native corporations are
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 consultation: Commenting on proposed changes to the
existing rule; engaging in dialogue at the Council meetings; engaging
in dialogue at the Board's meetings; and providing input in person, by
mail, email, or phone at any time during the rulemaking process.
On April 15, 2019, 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
Thomas C.J. Doolittle 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;
Clarence Summers, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Carol Damberg, Alaska Regional Office, U.S. Fish and
Wildlife Service; and
[[Page 39748]]
Thomas Whitford, Alaska Regional Office, USDA 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. Amend Sec. __.24 in the table in paragraph (a)(2) by revising the
entries for ``YAKUTAT AREA'' and ``SOUTHEASTERN ALASKA AREA'' to read
as follows:
Sec. __.24 Customary and traditional use determinations.
(a) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Area Species Determination
----------------------------------------------------------------------------------------------------------------
* * * * * * *
YAKUTAT AREA.......................... All fish................................ Residents of Yakutat and
Southeastern Alaska Fishery
Management Areas.
SOUTHEASTERN ALASKA AREA.............. All fish................................ Residents of Yakutat and
Southeastern Alaska Fishery
Management Areas.
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* * * * *
Subpart D--Subsistence Taking of Fish and Wildlife
0
3. Amend Sec. __.27 by revising paragraphs (e)(3), (4), (5), (11), and
(13) to read as follows:
Sec. __.27 Subsistence taking of fish.
* * * * *
(e) * * *
(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 this paragraph (e)(3).
(ii) For the Yukon River drainage, Federal subsistence fishing
schedules, openings, closings, and fishing methods are the same as
those issued for the subsistence taking of fish under Alaska Statutes
(AS 16.05.060), unless superseded by a Federal special action.
(iii) In the following locations, you may take salmon during the
open weekly fishing periods of the State commercial salmon fishing
season and may not take them for 24 hours before the opening of the
State commercial salmon fishing season:
(A) In District 4, excluding the Koyukuk River drainage;
(B) In Subdistricts 4B and 4C from June 15 through September 30,
salmon may be taken from 6 p.m. Sunday until 6 p.m. Tuesday and from 6
p.m. Wednesday until 6 p.m. Friday;
(C) In District 6, excluding the Kantishna River drainage, salmon
may be taken from 6 p.m. Friday until 6 p.m. Wednesday.
(iv) During any State commercial salmon fishing season closure of
greater than 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 6:00 p.m. Sunday until 6:00 p.m. Tuesday and from 6:00 p.m.
Wednesday until 6:00 p.m. Friday.
(ix) You may not subsistence fish in the following drainages
located north of the main Yukon River:
(A) Kanuti River upstream from a point 5 miles downstream of the
State highway crossing;
(B) Bonanza Creek;
(C) Jim River including Prospect and Douglas Creeks.
(x) You may not subsistence fish in the Delta River.
(xi) In Beaver Creek downstream from the confluence of Moose Creek,
a gillnet with mesh size not to exceed 3-inches stretch-measure may be
used from June 15 through September 15. You may subsistence fish for
all non-salmon
[[Page 39749]]
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, dip net,
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) In Subdistrict 5D you may take salmon once the mid-range of the
Canadian interim management escapement goal and the total allowable
catch goal are projected to be achieved.
(C) Salmon may be harvested by dip net at any time, except during
times of conservation when the Federal in-season manager may announce
restrictions on time, areas, and species.
(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 5 and 6, you may not take salmon for subsistence
purposes by drift gillnets.
(xvi) In District 4 salmon may be taken by drift gillnet not more
than 150 feet in length unless restricted by special action or as
modified by regulations in this section.
(xvii) 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 fishing gear operating for commercial,
personal, or subsistence use 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.
(F) In Racetrack Slough on the Koyukuk River and in the sloughs of
the Huslia River drainage, from when each river is free of ice through
June 15, the offshore end of the set gillnet may not be closer than 20
feet from the opposite bank except that sloughs 40 feet or less in
width may have \3/4\ width coverage with set gillnet, unless closed by
Federal special action.
(xviii) In District 4, from September 21 through May 15, you may
use jigging gear from shore ice.
(xix) 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.
(xx) Only one subsistence fishing permit will be issued to each
household per year.
(xxi) In Districts 1, 2, and 3, from June 1 through July 15. If
ADF&G has announced that Chinook salmon can be sold in the commercial
fisheries, you may not possess Chinook salmon taken for subsistence
purposes unless both tips (lobes) of the tail fin have been removed
before the person conceals the salmon from plain view or transfers the
salmon from the fishing site.
(xxii) 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, and 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), except the use of gillnets with 6-inch or less mesh size is
allowed before June 1 in the Kuskokwim River drainage, 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 this paragraph (e)(4).
[[Page 39750]]
(vi) You may not take subsistence fish by nets in the Goodnews
River east of a line between ADF&G regulatory markers placed near the
mouth of the Ufigag River and an ADF&G regulatory marker placed near
the mouth of the Tunulik River 16 hours before or during and for 6
hours after each State open commercial salmon fishing period.
(vii) You may not take subsistence fish by nets in the Kanektok
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before or during and for 6 hours after each State open commercial
salmon fishing period.
(viii) You may not take subsistence fish by nets in the Arolik
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before or during and for 6 hours after each State open commercial
salmon fishing period.
(ix) You may only take salmon by gillnet, beach seine, fish wheel,
dip net, 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.
(xvii) All tributaries not expressly closed by Federal special
action, or as modified by regulations in this section, remain open to
the use of gillnets more than 100 yards upstream from their confluence
with the Kuskokwim River.
(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 9:00 a.m. Monday until 9:00 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 9:00 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 2 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 Sixmile Lake and
its tributaries within and adjacent to the exterior boundaries of Lake
Clark National Park and Preserve unless otherwise prohibited, and Lake
Clark and its tributaries, by snagging (by handline or rod and reel),
using a spear, bow and arrow, rod and reel, 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)
[[Page 39751]]
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. 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.
* * * * *
(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
this paragraph (e)(11).
(A) In the Prince William Sound Area within Chugach National Forest
and in the Copper River drainage downstream of Haley Creek, you may
accumulate Federal subsistence fishing harvest limits with harvest
limits under State of Alaska sport fishing regulations provided that
accumulation of fishing harvest limits does not occur during the same
day.
(B) You may accumulate harvest limits of salmon authorized for the
Copper River drainage upstream from Haley Creek with harvest limits for
salmon authorized under State of Alaska sport fishing regulations.
(ii) You may take fish by gear listed in paragraph (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 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 per person 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)(xii)(B) or (e)(11)(xiii)(E) 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 are responsible for the fish wheel; you must remove the
fish wheel from the water at the end of the permit period.
(E) 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.
[[Page 39752]]
(B) You may not set or operate a fish wheel within 75 feet of
another fish wheel.
(C) You must check your fish wheel at least once every 10 hours and
remove all fish.
(D) No fish wheel may have more than two baskets.
(E) 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):
(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 the fish wheel and will be the same
person as is listed on the fish wheel described in paragraph
(e)(11)(xiii)(E) 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)(xiii)(E) of this section;
and other information determined to be necessary for effective resource
management.
(xv) You may take salmon in the vicinity of the former Native
village of Batzulnetas only under the authority of a Batzulnetas
subsistence salmon fishing permit available from the National Park
Service under the following conditions:
(A) You may take salmon only in those waters of the Copper River
between National Park Service regulatory markers located near the mouth
of Tanada Creek and approximately one-half mile downstream from that
mouth and in Tanada Creek between National Park Service regulatory
markers identifying the open waters of the creek.
(B) You may use only fish wheels, dip nets, and rod and reel on the
Copper River and only dip nets, spears, fyke nets, and rod and reel in
Tanada Creek. One fyke net and associated lead may be used in Tanada
Creek upstream of the National Park Service weir.
(C) You may take salmon only from May 15 through September 30 or
until the season is closed by special action.
(D) You may retain Chinook salmon taken in a fish wheel in the
Copper River. You must return to the water unharmed any Chinook salmon
caught in Tanada Creek.
(E) You must return the permit to the National Park Service no
later than October 15 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.
(xvii) In the Chugach National Forest portion of the Prince William
Sound Area, you must possess a Federal subsistence fishing permit to
take salmon, trout, whitefish, grayling, Dolly Varden, or char. Permits
are available from the Cordova Ranger District.
(A) Salmon harvest is not allowed in Eyak Lake and its tributaries,
Copper River and its tributaries, and Eyak River upstream from the
Copper River Highway bridge.
(B) 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 return the permit by the due date marked
on the permit.
(C) You must remove both lobes of the caudal (tail) fin from
subsistence-caught salmon before leaving the fishing site.
(D) You may take salmon by rod and reel, dip net, spear, and gaff
year round.
(E) For a household with 1 person, 15 salmon (other than pink) may
be taken, and 5 cutthroat trout, with only 2 over 20 inches, may be
taken; for pink salmon, see the conditions of the permit.
(F) For a household with 2 persons, 30 salmon (other than pink) may
be taken, plus an additional 10 salmon for each additional person in a
household over 2 persons, and 5 cutthroat trout, with only 2 over 20
inches per each household member with a maximum household limit of 30
cutthroat trout may be taken; for pink salmon, see the conditions of
the permit.
(G) You may take Dolly Varden, Arctic char, whitefish, and grayling
with rod and reel and spear year round and with a gillnet from January
1-April 1. The maximum incidental gillnet harvest of trout is 10.
(H) You may take cutthroat trout with rod and reel and spear from
June 15 to April 14th and with a gillnet from January 1 to April 1.
(I) You may not retain rainbow/steelhead trout for subsistence
unless taken incidentally in a subsistence gillnet fishery. Rainbow/
steelhead trout must be immediately released from a dip net without
harm.
* * * * *
(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
District 1.
(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,
[[Page 39753]]
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), 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), 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) Nets are prohibited in streams flowing across or adjacent to
the roads on Wrangell and Mitkof islands, and in streams flowing across
or adjacent to the road systems connected to the community of Sitka.
(x) You may not possess subsistence-taken and sport-taken fish of a
given species on the same day.
(xi) If a harvest limit is not otherwise listed for sockeye in this
paragraph (e)(13), 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.
(xii) The Sarkar River system above the bridge is closed to the use
of all nets by both federally qualified and non-federally qualified
users.
(xiii) 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 stretched mesh size is 8 inches during the Chinook salmon
season and 5 \1/2\ inches during the sockeye salmon season. There is no
maximum mesh size during the coho salmon season.
(A) You may take Chinook salmon from May 15 through June 20. The
annual limit is five 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) Fishing nets must be checked at least twice each day.
(xiv) 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.
(xv) Unless noted on a Federal subsistence harvest permit, there
are no harvest limits for pink or chum salmon.
(xvi) Unless otherwise specified in this paragraph (e)(13), 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.
(xvii) 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; however, only
one steelhead may be harvested by a household from a particular
drainage. You may use only a dip net, handline, spear, or rod and reel.
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; however, only two steelhead may be
harvested by a household from a particular drainage. You may use only a
dip net, handline, spear, or rod and reel. 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.
(xviii) In addition to the requirement for a Federal subsistence
fishing permit, the following restrictions for the harvest of Dolly
Varden, brook trout, grayling, cutthroat trout, 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.
(xix) There is no subsistence fishery for any salmon on the Taku
River.
(xx) The Klawock River drainage is closed to the use of seines and
gillnets during July and August.
(xxi) The Federal public waters in the Makhnati Island area, as
defined in Sec. 100.3(b)(5) are closed to the harvest of herring and
herring spawn, except by federally qualified users.
(xxii) Only federally qualified subsistence users may harvest
sockeye salmon in Neva Lake, Neva Creek, and South Creek.
[[Page 39754]]
Dated: August 6, 2019.
Thomas C.J. Doolittle
Acting Assistant Regional Director, U.S. Fish and Wildlife Service
Dated: August 6, 2019 .
Thomas Whitford
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2019-17136 Filed 8-9-19; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P
