Subsistence Management Regulations for Public Lands in Alaska-2021-2022 and 2022-2023 Subsistence Taking of Fish Regulations

Citation86 FR 17713
CourtFish And Wildlife Service, Forest Service
Publication Date06 Apr 2021
Record Number2021-07016
Federal Register, Volume 86 Issue 64 (Tuesday, April 6, 2021)
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
                [Rules and Regulations]
                [Pages 17713-17726]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-07016]
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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-2019-0092; FXFR13350700640-212-FF07J00000;
                FBMS#4500151540]
                RIN 1018-BE36
                Subsistence Management Regulations for Public Lands in Alaska--
                2021-2022 and 2022-2023 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 2021-2022 and 2022-2023 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
                and rural determinations during the applicable biennial cycle. This
                rule also revises rural determinations.
                DATES: This rule is effective April 6, 2021.
                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-2019-0092.
                FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
                U.S. Fish and Wildlife Service, Attention: Sue Detwiler, Office of
                Subsistence Management; (907) 786-3888 or [email protected]. For
                questions specific to National Forest System lands, contact Gregory
                Risdahl, Subsistence Program Leader, U.S. Department of Agriculture
                (USDA), Forest Service, Alaska Region; (907) 302-7354 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 subsistence resource regions, each of
                [[Page 17714]]
                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
                 Federal Register citation Date of the following
                 publication provisions 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.
                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.
                77 FR 35482................... June 13, 2012.... Wildlife.
                79 FR 35232................... June 19, 2014.... Wildlife.
                81 FR 52528................... August 8, 2016... Wildlife.
                83 FR 3079.................... January 23, 2018. Fish.
                83 FR 50758................... October 9, 2018.. Wildlife.
                84 FR 39744................... August 12, 2019.. Fish.
                85 FR 74796................... November 23, 2020 Wildlife.
                ------------------------------------------------------------------------
                Current Rule
                 The Departments published a proposed rule, Subsistence Management
                Regulations for Public Lands in Alaska--2021-22 and 2022-23 Subsistence
                Taking of Fish Regulations, on February 19, 2020 (85 FR 9430), 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
                20, 2020. 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-2019-0092.
                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 13 proposals for changes to subpart D. In addition,
                12 fisheries closure reviews were presented for comment as required by
                Board policy that specifies a 3-year review of all closures. Comments
                were also requested on a subpart C proposal addressing rural
                determination. 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 proposed regulatory changes, which
                ended on July 2, 2020.
                 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 Councils'
                recommendations at the Board's public meeting of January 26-29, 2021.
                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 14 valid proposals and 12 fishery closure reviews, 16 were
                on the Board's non-consensus agenda and 10 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 eight
                and rejected two. 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,
                [[Page 17715]]
                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 one; adopted one with
                modification; rejected six; and deferred eight.
                Summary of Non-Consensus Proposals Not Adopted by the Board
                 The Board rejected six non-consensus proposals and deferred eight.
                The rejected proposals were recommended for rejection by the majority
                of the affected Councils or as noted below.
                Yukon-Northern Area
                 The Board voted to maintain a closure to the take of all fish on
                the Jim River drainage, with the expectation that the affected Councils
                will submit a special action and followup proposal to establish a
                season and harvest limits. The affected Councils recommended a
                modification to establish a season with harvest limits; however, this
                would have gone beyond the scope of the closure review and would not
                have allowed for the public review process or Tribal consultations
                regarding a new season and harvest limits.
                 The Board voted to maintain a closure to the take of Arctic
                Grayling on Nome Creek in the Yukon River drainage, with the
                expectation that the affected Councils will submit a special action and
                followup proposal to establish a season and harvest limits. At the
                Board's meeting, new data was presented that was not available to the
                Councils during their original discussions and recommendations to the
                Board. The Council Chairs supported this action.
                Kuskokwim Area
                 The Board rejected a proposal that would have reduced the required
                distance between set nets. This action was to prevent overcrowding in
                the fishing area and was supported by both affected Councils.
                Aleutian Islands, Alaska Peninsula and Chignik, and Kodiak Areas
                 The Board deferred seven fishery closure reviews, which are in the
                Kodiak/Aleutians Regional Advisory Council region, to allow for the
                Council to have additional time to meet with remote communities and
                have further discussions and allow for additional public input. These
                closure reviews will be addressed during the next fisheries cycle.
                Prince William Sound Area
                 The Board deferred a proposal to establish a dip net fishery on the
                lower Copper River to allow conflicting users groups an opportunity to
                meet and attempt to reach a compromise.
                 The Board rejected a proposal to require harvest reports to be
                submitted within 3 days. This proposal was deemed as an undue burden on
                subsistence users and was supported by both affected Councils.
                 The Board rejected a proposal that would have prohibited the use of
                mono-filament and multifilament mesh dip nets during specified times
                along the upper Copper River. This proposal was deemed as an undue
                burden on subsistence users and was supported by both affected
                Councils.
                 The Board rejected a proposal that would have prohibited fishing
                with dip nets from boats or watercraft along the upper Copper River.
                This action would have reduced opportunity for subsistence users and
                was supported by one Council and opposed by another.
                Summary of Non-Consensus Proposals Adopted by the Board
                 The Board adopted one proposal and one proposal with modification
                on the non-consensus agenda. The modification was suggested by the
                affected Council and developed during the analysis process. All of the
                adopted proposals were recommended for adoption by at least one of the
                Councils as noted below.
                Prince William Sound Area
                 The Board adopted a proposal to prohibit the use of bathymetry and
                or fish locator devices while fishing on the upper Copper River. This
                regulation does not require the removal or uninstallation of these
                devices from the boat or watercraft. This action was supported by one
                Council and opposed by another.
                Southcentral Region
                 The Board adopted with modification a proposal that determined the
                community (Census Designated Place) of Moose Pass as rural. The Board
                modified this determination to also include the Census Designated
                Places of Crown Point and Primrose. This action was supported by the
                affected Council.
                 These final regulations reflect Board review and consideration of
                Council recommendations, Tribal and Alaska Native corporation
                consultations, and public comments. While all public comments received
                on the proposed rule were considered, some were outside the scope of
                this rulemaking action. 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 30 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.
                [[Page 17716]]
                 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).
                Paperwork Reduction Act of 1995 (PRA)
                 This rule does not contain any new collections of information that
                require Office of Management and Budget (OMB) approval under the PRA
                (44 U.S.C. 3501 et seq.). 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, with an expiration date of January 31. 2024. We may not conduct
                or sponsor and you are not required to respond to a collection of
                information unless it displays a currently valid OMB control number.
                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
                [[Page 17717]]
                person, by mail, email, or phone at any time during the rulemaking
                process.
                 On January 26, 2021, 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
                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
                Sue Detwiler of the Office of Subsistence Management, Alaska Regional
                Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional
                assistance was provided by
                 Paul McKee, Alaska State Office, Bureau of Land
                Management;
                 Dr. Joshua Ream, Alaska Regional Office, National Park
                Service;
                 Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
                Affairs;
                 Vince Mathews, Alaska Regional Office, U.S. Fish and
                Wildlife Service; and
                 Gregory Risdahl, 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. __.23 by revising paragraph (a) to read as follows:
                Sec. __.23 Rural determinations.
                 (a) The Board has determined all communities and areas to be rural
                in accordance with Sec. 100.15 except the following: Fairbanks North
                Star Borough; Homer area--including Homer, Anchor Point, Kachemak City,
                and Fritz Creek; Juneau area--including Juneau, West Juneau, and
                Douglas; Kenai area--including Kenai, Soldotna, Sterling, Nikiski,
                Salamatof, Kalifornsky, Kasilof, and Clam Gulch; Ketchikan area--
                including Ketchikan City, Clover Pass, North Tongass Highway, Ketchikan
                East, Mountain Point, Herring Cove, Saxman East, Pennock Island, and
                parts of Gravina Island; Municipality of Anchorage; Seward area--
                including Seward and Valdez, and Wasilla/Palmer area--including
                Wasilla, Palmer, Sutton, Big Lake, Houston, and Bodenberg Butte.
                * * * * *
                Subpart D--Subsistence Taking of Fish and Wildlife
                0
                3. Amend Sec. __.27 by revising paragraphs (e)(3), (4), (5), (10), and
                (11) 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
                [[Page 17718]]
                State commercial fishing season, with drift gillnet gear only, from 6
                p.m. Sunday until 6 p.m. Tuesday and from 6 p.m. Wednesday until 6 p.m.
                Friday.
                 (ix) You may not subsistence fish in the following drainages
                located north of the main Yukon River:
                 (A) Kanuti River upstream from a point 5 miles downstream of the
                State highway crossing;
                 (B) Bonanza Creek;
                 (C) Jim River including Prospect and Douglas Creeks.
                 (x) You may not subsistence fish in the Delta River.
                 (xi) In Beaver Creek downstream from the confluence of Moose Creek,
                a gillnet with mesh size not to exceed 3-inches stretch-measure may be
                used from June 15 through September 15. You may subsistence fish for
                all non-salmon species but may not target salmon during this time
                period (retention of salmon taken incidentally to non-salmon directed
                fisheries is allowed). From the mouth of Nome Creek downstream to the
                confluence of Moose Creek, only rod and reel may be used. From the
                mouth of Nome Creek downstream to the confluence of O'Brien Creek, the
                daily harvest and possession limit is 5 grayling; from the mouth of
                O'Brien Creek downstream to the confluence of Moose Creek, the daily
                harvest and possession limit is 10 grayling. The Nome Creek drainage of
                Beaver Creek is closed to subsistence fishing for grayling.
                 (xii) You may 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.
                 (xiii) 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.
                 (xiv) In Districts 5 and 6, you may not take salmon for subsistence
                purposes by drift gillnets.
                 (xv) 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.
                 (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 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.
                 (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, 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.
                 (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, 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 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
                [[Page 17719]]
                commercial salmon fishing period in each district.
                 (iv) In District 2, and anywhere in tributaries that flow into the
                Kuskokwim River within that 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).
                 (v) 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.
                 (vi) 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.
                 (vii) 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.
                 (viii) 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.
                 (ix) You may not use an aggregate length of set gillnets or drift
                gillnets in excess of 50 fathoms for taking salmon.
                 (x) 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.
                 (xi) You must attach to the bank each subsistence set gillnet
                operated in tributaries of the Kuskokwim River and fish it
                substantially perpendicular to the bank and in a substantially straight
                line.
                 (xii) 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.
                 (xiii) 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.
                 (xiv) 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.
                 (xv) 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.
                 (xvi) 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) You may not take fish from waters within 300 feet of a stream
                mouth used by salmon.
                 (iii) 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.
                 (iv) 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.
                 (v) 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.
                 (vi) You may not operate any part of a set gillnet within 300 feet
                of any part of another set gillnet.
                 (vii) 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.
                 (viii) You may not operate or assist in operating subsistence
                salmon net gear while simultaneously operating or assisting in
                operating commercial salmon net gear.
                 (ix) 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.
                 (x) 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.
                 (xi) 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.
                 (xii) In 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
                [[Page 17720]]
                both lobes of the caudal fin (tail) or the dorsal fin have been
                removed.
                 (xiii) 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.
                 (xiv) If you take rainbow trout incidentally in other subsistence
                net fisheries, or through the ice, you may retain them for subsistence
                purposes.
                * * * * *
                 (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) General area regulations. (A) Unless restricted by regulations
                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.
                 (B) If you take rainbow or 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 or steelhead trout 20 inches or
                longer, taken from Kenai Peninsula fresh waters.
                 (C) Under the authority of a Federal subsistence fishing permit,
                you may take only salmon, trout, Dolly Varden, and other char. Permits
                will be issued by the in-season manager or designated representative
                and will be valid for that regulatory year, except as otherwise
                provided for in this section, or as stated under the permit conditions,
                unless the season is closed or restricted by a special action.
                 (D) All fish taken under the authority of a Federal subsistence
                fishing permit must be marked and recorded prior to leaving the fishing
                site.
                 (1) The fishing site includes the particular Federal public waters
                and/or adjacent shoreline from which the fish were harvested.
                 (2) Marking means removing the dorsal fin.
                 (E) You may not take grayling or burbot for subsistence purposes.
                 (F) You may take smelt with dip nets in fresh water only from April
                1 through June 15. There are no harvest or possession limits for smelt.
                 (G) You may take whitefish in the Tyone River drainage using
                gillnets.
                 (H) You may take fish by gear listed in this section unless
                restricted by other regulations in this section or under the terms of a
                Federal subsistence fishing permit (as may be modified by regulations
                in this section).
                 (I) 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 or by issuance of a Federal special action.
                 (J) Applicable harvest provisions are as follows:
                 Table 1 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Location Methods and means Permit type
                ------------------------------------------------------------------------
                Kasilof River Drainage...... Kasilof River dip Household Annual
                 net or rod and reel Permit.
                 for salmon; Kasilof
                 River fish wheel
                 for salmon; Kasilof
                 River gillnet for
                 salmon.
                Kenai River Drainage........ Kenai River dip net Household Annual
                 or rod and reel for Permit.
                 salmon; Kenai River
                 gillnet for salmon.
                Kasilof River Drainage...... Tustumena Lake rod General Subsistence
                 and reel for Fishing Permit
                 salmon; Kasilof (Daily/Possession
                 River drainage rod Limits).
                 and reel for
                 resident species.
                Kenai River Drainage........ Kenai River rod and General Subsistence
                 reel only for Fishing Permit
                 salmon; Kenai River (Daily/Possession
                 and tributaries Limits).
                 under ice jigging
                 and rod and reel
                 for resident
                 species.
                Tustumena Lake.............. Tustumena Lake under Tustumena Lake
                 ice fishery. Winter Permit.
                ------------------------------------------------------------------------
                 (1) Harvest limits may not be accumulated.
                 (2) Each household may harvest its annual salmon limits in one or
                more days.
                 (3) All salmon harvested as part of a household annual limit must
                be reported to the Federal in-season manager within 72 hours of leaving
                the fishing site.
                 (4) For Ninilchik residents, the household annual limits for
                Chinook salmon in the Kasilof River and for late-run Chinook salmon in
                the Kenai River are combined.
                 (ii) Seasons, harvest limits, and methods and means for Kasilof
                River fisheries. Household annual limits for salmon in Kasilof River
                fisheries are as follows:
                 Table 2 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Additional
                 Number of fish allowed
                 Species fish allowed for each
                 for each household
                 permit holder member
                ------------------------------------------------------------------------
                Sockeye................................. 25 5
                Chinook................................. 10 2
                Coho.................................... 10 2
                Pink.................................... 10 2
                ------------------------------------------------------------------------
                 (A) Kasilof River dip net or rod and reel; salmon. (1) Residents of
                Ninilchik may take sockeye, Chinook, coho, and pink salmon through a
                dip net or 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.
                 (2) Residents using rod-and-reel gear may fish with up to two
                baited single or treble hooks.
                 (3) 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.
                 (4) Harvest seasons are as follows:
                 Table 3 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Species Season
                ------------------------------------------------------------------------
                Sockeye salmon............................ June 16-August 15.
                Chinook salmon............................ June 16-August 15.
                Coho salmon............................... June 16-October 31.
                Pink salmon............................... June 16-October 31.
                ------------------------------------------------------------------------
                [[Page 17721]]
                 (B) Kasilof River fish wheel; salmon. (1) 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.
                 (2) Residents of Ninilchik may retain other species incidentally
                caught in the Kasilof River fish wheel except for rainbow or steelhead
                trout, which must be released and returned unharmed to the water.
                 (3) Only one fish wheel may be operated on the Kasilof River. The
                fish wheel must: Have a live box, be monitored when fishing, be stopped
                from fishing when it is not being monitored or used, and be installed
                and operated in compliance with any regulations and restrictions for
                its use within the Kenai National Wildlife Refuge.
                 (4) 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
                operational 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 operational 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 that is at least 12 inches high by 12 inches wide,
                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, persons or households operating the gear, hours of
                operation, and number of each species caught and retained or released.
                 (5) People operating the fish wheel must:
                 (i) Have in possession a valid Federal subsistence fishing permit
                and remain onsite to monitor the fish wheel and remove all fish at
                least every hour.
                 (ii) In addition, any person operating the fish wheel who is not
                the owner must attach to the fish wheel an additional wood, metal, or
                plastic plate that is at least 12 inches high by 12 inches wide, is
                plainly visible, and contains the person's fishing permit number, name,
                and address in letters and numerals at least 1 inch high.
                 (6) The organization owning the fish wheel 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; and
                 (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.
                 (7) Fishing is allowed from June 16 through October 31 on the
                Kasilof River unless closed or otherwise restricted by Federal special
                action.
                 (C) Kasilof River gillnet; salmon. (1) Residents of Ninilchik may
                harvest sockeye, Chinook, coho, and pink salmon in the Federal public
                waters of the upper mainstem of the Kasilof River from a Federal
                regulatory marker on the river below the outlet of Tustumena Lake
                downstream to the Tustumena Lake boat launch with a single gillnet from
                June 16 through August 15.
                 (2) Only one community gillnet may be operated on the Kasilof
                River.
                 (i) The gillnet may not: Be over 10 fathoms in length, be larger
                than 5.25-inch mesh, and obstruct more than half of the river width
                with stationary fishing gear.
                 (ii) Subsistence stationary gillnet gear may not be set within 200
                feet of other subsistence stationary gear.
                 (iii) The gillnet may be operated as a set gillnet in a fixed
                location, as a pole-net system drifted through an area while wading, or
                as a drift net from a boat.
                 (3) One registration permit will be available and will be issued by
                the Federal in-season fishery manager, in consultation with the Kenai
                National Wildlife Refuge manager, to the Ninilchik Traditional Council.
                As the community gillnet owner, the Ninilchik Traditional Council will
                be responsible for its use and removal in consultation with the Federal
                in-season manager. As part of the permit, after the season, the
                Ninilchik Traditional Council must provide written documentation of
                required evaluation information to the Federal fishery manager
                including, but not limited to:
                 (i) Persons or households operating the gear;
                 (ii) Hours of operation; and
                 (iii) Number of each species caught and retained or released.
                 (4) The community gillnet is subject to compliance with applicable
                Kenai National Wildlife Refuge regulations and restrictions.
                 (5) The Ninilchik Traditional Council may operate the net 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 fishing the
                gillnet; and
                 (ii) Includes provisions for recording daily catches within 72
                hours, the household to whom the catch was given, and other information
                determined to be necessary for effective resource management by the
                Federal in-season manager.
                 (6) Residents of Ninilchik may retain other species incidentally
                caught in the Kasilof River community gillnet fishery. The gillnet
                fishery will be closed when the retention of rainbow or steelhead trout
                has been restricted under Federal subsistence regulations.
                 (D) Tustumena Lake rod and reel; salmon. (1) In addition to the dip
                net and rod and reel fishery on the upper mainstem of the Kasilof River
                described under paragraph (e)(10)(ii)(A)(1) of this section, residents
                of Ninilchik may also take coho and pink salmon through a rod and reel
                fishery in Tustumena Lake. Fishing is allowed with up to two baited
                single or treble hooks.
                 (2) 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
                harvest and possession limits:
                 Table 4 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Species Size Limits
                ------------------------------------------------------------------------
                Coho salmon................... 16 inches and 4 per day and 4 in
                 longer. possession.
                Pink salmon................... 16 inches and 6 per day and 6 in
                 longer. possession.
                ------------------------------------------------------------------------
                [[Page 17722]]
                 (E) Kasilof drainage rod and reel; resident species. Resident fish
                species including lake trout, rainbow or steelhead trout, and Dolly
                Varden or Arctic char may be harvested by rod and reel in federally
                managed waters of the Kasilof River drainage the entire year as
                follows:
                 Table 5 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Species Specifications Limits
                ------------------------------------------------------------------------
                Lake trout.................. Fish 20 inches and 4 per day and 4 in
                 longer. possession.
                 Fish less than 20 15 per day and 15 in
                 inches in length. possession.
                Dolly Varden and Arctic char In flowing waters... 4 per day and 4 in
                 possession.
                 In lakes and ponds.. 10 per day and 10 in
                 possession.
                Rainbow or steelhead trout.. In flowing waters... 2 per day and 2 in
                 possession.
                 In lakes and ponds.. 5 per day and 5 in
                 possession.
                ------------------------------------------------------------------------
                 (F) Tustumena Lake under ice fishery; resident species. (1) You may
                fish in Tustumena Lake with a gillnet under the ice, or with jigging
                gear used through the ice. The gillnet may not be longer than 10
                fathoms.
                 (2) Harvest limits are as follows:
                 Table 6 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Additional
                 Methods Limits provisions
                ------------------------------------------------------------------------
                Jigging gear through the ice Household annual Household limits are
                 limit of 30 fish in included in the
                 any combination of overall total
                 lake trout, rainbow annual harvest
                 trout, and Dolly quota.
                 Varden or Arctic
                 char.
                Gillnet under the ice....... Total annual harvest The Federal in-
                 quota of 200 lake season manager will
                 trout, 200 rainbow issue a closure for
                 trout, and 500 this fishery once
                 Dolly Varden or any of these quotas
                 Arctic char. has been met.
                ------------------------------------------------------------------------
                 (3) 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.
                 (4) A permit is required. The permit will be issued by the Federal
                in-season manager or designated representative and will be valid for
                the winter season unless the season is closed by special action.
                 (i) The permittee must report the following information: The number
                of each species caught; the number of each species retained; the
                length, depth (number of meshes deep), and mesh size of gillnet fished;
                the fishing site; and the total hours fished.
                 (ii) The gillnet must be checked at least once in every 48-hour
                period.
                 (iii) For unattended gear, the permittee's name and address must be
                plainly and legibly inscribed on a stake at one end of the gillnet.
                 (5) Incidentally caught fish may be retained and must be recorded
                on the permit before transporting fish from the fishing site.
                 (6) 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.
                 (iii) Seasons, harvest limits, and methods and means for Kenai
                River fisheries. Household annual limits for salmon in Kenai River
                fisheries are as follows:
                 Table 7 to Paragraph (e)(10)
                ----------------------------------------------------------------------------------------------------------------
                 Additional
                 Number of fish allowed
                 Species fish allowed for each Additional provisions
                 for each household
                 permit holder member
                ----------------------------------------------------------------------------------------------------------------
                Sockeye salmon............................. 25 5 Chum salmon that are retained are
                 to be included within the annual
                 limit for sockeye salmon.
                Chinook salmon-- (July 1 through July 15).. 2 1 For the Kenai River community
                 gillnet fishery described under
                 paragraph (e)(10)(iii)(B) of this
                 section.
                Chinook salmon-- (July 16 through August 10 2 ...................................
                 31).
                Coho salmon................................ 20 5 ...................................
                Pink salmon................................ 15 5 ...................................
                ----------------------------------------------------------------------------------------------------------------
                 (A) Kenai River dip net or rod and reel; salmon. (1) You may take
                only sockeye salmon through a dip net or rod and reel fishery at one
                specified site on the Russian River.
                 (i) For the Russian River fishing site, incidentally caught fish
                may be retained for subsistence uses, except for Chinook salmon, coho
                salmon, rainbow trout, and Dolly Varden, which must be released.
                 (ii) 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) You may take sockeye, Chinook, coho, and pink salmon through a
                dip net or rod and reel fishery at two
                [[Page 17723]]
                specified sites on the Kenai River below Skilak Lake and as provided in
                this section.
                 (i) For both Kenai River fishing sites below Skilak Lake,
                incidentally caught fish may be retained for subsistence uses, except
                for Chinook salmon prior to July 16 (unless otherwise provided for in
                this section), rainbow trout 18 inches or longer, and Dolly Varden 18
                inches or longer, which must be released.
                 (ii) 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 through
                August 31.
                 (iii) 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 through August 31.
                 (3) Fishing seasons are as follows:
                 Table 8 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Species Season Location
                ------------------------------------------------------------------------
                Sockeye salmon.............. June 15-August 15... All three sites.
                Chinook salmon.............. July 16-September 30 Kenai River sites
                 only.
                Pink salmon................. July 16-September 30 Kenai River sites
                 only.
                Coho salmon................. July 16-September 30 Kenai River sites
                 only.
                ------------------------------------------------------------------------
                 (B) Kenai River gillnet; salmon. (1) Residents of Ninilchik may
                harvest sockeye, Chinook, coho, and pink salmon in the Moose Range
                Meadows area of the Federal public waters of the Kenai River with a
                single gillnet to be managed and operated by the Ninilchik Traditional
                Council.
                 (2) Fishing will be allowed July 1 through August 15 and September
                10-30 on the Kenai River unless closed or otherwise restricted by
                Federal special action. The following conditions apply to harvest in
                the Kenai River community gillnet fishery:
                 (i) Salmon taken in this fishery will be included as household
                annual limits of participating households.
                 (ii) The Ninilchik Traditional Council will report all harvested
                fish within 72 hours of leaving the gillnet location.
                 (iii) Additional harvest restrictions for this fishery are as
                follows:
                 Table 9 to Paragraph (e)(10)
                ----------------------------------------------------------------------------------------------------------------
                 Species Period Harvest Fishery limits
                ----------------------------------------------------------------------------------------------------------------
                Sockeye salmon.................... July 1-August 15 and
                 September 10-30.
                Chinook salmon less than 46 inches July 1-15............ Fish may be retained if Fishery will close until
                 in length or greater than 55 the most current July 16 once 50 Chinook
                 inches in length. preseason forecast from salmon have been
                 the State of Alaska retained or released.
                 Department of Fish and
                 Game projects the in-
                 river run to be within or
                 above the optimal
                 escapement goal range for
                 early-run Chinook salmon;
                 otherwise, live fish must
                 be released.
                Chinook salmon.................... July 16-August 15.... .......................... Fishery will close prior
                 to August 15 if 200
                 Chinook salmon have been
                 retained or released
                 between July 16 and that
                 date. Fishery will
                 reopen September 10-30
                 for species available at
                 that time.
                Pink salmon....................... July 16-August 15 and
                 September 10-30.
                Coho salmon....................... July 16-August 15 and
                 September 10-30.
                Incidentally caught rainbow trout ..................... All live fish must be Fishery will close for
                 and Dolly Varden. released. Fish that die the season once 100
                 in net may be retained. rainbow trout or 150
                 Dolly Varden have been
                 released or retained.
                ----------------------------------------------------------------------------------------------------------------
                 (iv) Chinook salmon less than 20 inches in length may be retained
                and do not count towards retained or released totals.
                 (v) Other incidentally caught species may be retained; however, all
                incidental fish mortalities, except for Chinook salmon less than 20
                inches in length, count towards released or retained totals specified
                in this section.
                 (3) Only one community gillnet may be operated on the Kenai River.
                 (i) The gillnet may not: Be over 10 fathoms in length to take
                salmon; be larger than 5.25-inch mesh; and obstruct more than half of
                the river width with stationary fishing gear.
                 (ii) Subsistence stationary gillnet gear may not be set within 200
                feet of other subsistence stationary gear.
                 (4) One registration permit will be available and will be issued by
                the Federal in-season manager, in consultation with the Kenai National
                Wildlife Refuge manager, to the Ninilchik Traditional Council. As the
                [[Page 17724]]
                community gillnet owner, the Ninilchik Traditional Council will be
                responsible for its use and removal in consultation with the Federal
                in-season manager. As part of the permit, the Ninilchik Traditional
                Council must provide post-season written documentation of required
                evaluation information to the Federal in-season manager including, but
                not limited to:
                 (i) Persons or households operating the gear;
                 (ii) Hours of operation; and
                 (iii) Number of each species caught and retained or released.
                 (5) The Ninilchik Traditional Council may operate the net 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 fishing the
                gillnet; and
                 (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 in-season
                manager.
                 (C) Kenai River rod and reel only; salmon. (1) For federally
                managed waters of the Kenai River and its tributaries, you may take
                sockeye, Chinook, coho, pink, and chum salmon through a separate rod
                and reel fishery in the Kenai River drainage.
                 (2) Seasons, areas, harvest and possession limits, and methods and
                means 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
                77.540), except for the following harvest and possession limits:
                 Table 10 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Species Size Limits
                ------------------------------------------------------------------------
                Chinook salmon-- (January 1 Less than 46 2 per day and 2 in
                 through July 15). inches or 55 possession.
                 inches and
                 longer.
                Chinook salmon-- (July 16 20 inches and 2 per day and 2 in
                 through August 31). longer. possession.
                All other salmon.............. 16 inches and 6 per day and 6 in
                 longer. possession, of which
                 no more than 4 per
                 day and 4 in
                 possession may be
                 Coho salmon, except
                 for the Sanctuary
                 Area and Russian
                 River where no more
                 than 2 per day and 2
                 in possession may be
                 Coho salmon.
                ------------------------------------------------------------------------
                 (i) In the Kenai River below Skilak Lake, fishing is allowed with
                up to two baited single or treble hooks June 15 through August 31.
                 (ii) Annual harvest limits for any combination of Chinook salmon
                are four for each permit holder.
                 (iii) Incidentally caught fish, other than salmon, are subject to
                regulations found in paragraph (e)(10)(iii)(D) of this section.
                 (D) Kenai River and tributaries under ice jigging and rod and reel;
                resident species. (1) For federally managed waters of the Kenai River
                and its tributaries below Skilak Lake outlet at river mile 50, you may
                take resident fish species including lake trout, rainbow trout, and
                Dolly Varden or Arctic char with jigging gear through the ice or rod
                and reel gear in open waters. Seasons, areas, harvest and possession
                limits, and methods and means 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 77.540), except for the following harvest
                and possession limits:
                 Table 11 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Species Specifications Limits
                ------------------------------------------------------------------------
                Lake trout.................... 20 inches or 4 per day and 4 in
                 longer. possession.
                 Less than 20 15 per day and 15 in
                 inches. possession.
                Dolly Varden or Arctic char... In flowing waters For fish less than 18
                 inches, 1 per day
                 and 1 in possession.
                 In lakes and 2 per day and 2 in
                 ponds. possession, of which
                 only one may be 20
                 inches or longer,
                 may be harvested
                 daily.
                Rainbow or steelhead trout.... In flowing waters For fish less than 18
                 inches in length, 1
                 per day and 1 in
                 possession.
                 In lakes and 2 per day and 2 in
                 ponds. possession, of which
                 only one fish 20
                 inches or longer may
                 be harvested daily.
                ------------------------------------------------------------------------
                 (2) For federally managed waters of the upper Kenai River and its
                tributaries above Skilak Lake outlet at river mile 50, you may take
                resident fish species including lake trout, rainbow trout, and Dolly
                Varden or Arctic char with jigging gear through the ice or rod and reel
                gear in open waters. Seasons, areas, harvest and possession limits, and
                methods and means 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 77.540), except for the following harvest and possession limits:
                 Table 12 to Paragraph (e)(10)
                ------------------------------------------------------------------------
                 Species Specifications Limits
                ------------------------------------------------------------------------
                Lake trout.................... 20 inches or 4 per day and 4 in
                 longer. possession.
                 Less than 20 15 per day and 15 in
                 inches. possession.
                 From Hidden Lake. 2 per day and 2 in
                 possession
                 regardless of
                 length.
                Dolly Varden or Arctic char... In flowing waters For fish less than 16
                 inches in length, 1
                 per day and 1 in
                 possession.
                 In lakes and 2 per day and 2 in
                 ponds. possession, of which
                 only one fish 20
                 inches or longer may
                 be harvested daily.
                [[Page 17725]]
                
                Rainbow or steelhead trout.... In flowing waters For fish less than 16
                 inches in length, 1
                 per day and 1 in
                 possession.
                 In lakes and 2 per day and 2 in
                 ponds. possession, of which
                 only one fish 20
                 inches or longer may
                 be harvested daily.
                ------------------------------------------------------------------------
                 (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.
                 (H) While you are fishing from a boat or other watercraft, you may
                not use any device that indicates bathymetry and/or fish locations,
                e.g., fish finders. These devices do not have to be removed or
                uninstalled from a boat or watercraft.
                 (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 17726]]
                 (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.
                * * * * *
                Sue Detwiler,
                Assistant Regional Director, U.S. Fish and Wildlife Service.
                Gregory Risdahl,
                Subsistence Program Leader, USDA-Forest Service.
                [FR Doc. 2021-07016 Filed 4-5-21; 8:45 am]
                BILLING CODE 3411-15-P; 4333-15-P