Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2006-07 Subsistence Taking of Fish and Shellfish Regulations, 15569-15588 [06-2847]
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Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Rules and Regulations
TABLE FIVE
Masthead lights not
over all other lights and
obstructions. Annex I,
sec. 2(f)
Vessel
No.
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USS FARRAGUT ......................
DDG 99 ...
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BILLING CODE 3810–FF–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018–AU05
Subsistence Management Regulations
for Public Lands in Alaska, Subpart C
and Subpart D—2006–07 Subsistence
Taking of Fish and Shellfish
Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Final rule.
hsrobinson on PROD1PC68 with RULES
AGENCIES:
SUMMARY: This final rule establishes
regulations for seasons, harvest limits,
methods, and means related to taking of
fish and shellfish for subsistence uses
during the 2006–07 regulatory year. The
rulemaking is necessary because
Subpart D is subject to an annual public
review cycle. This rulemaking replaces
the fish and shellfish taking regulations
included in the ‘‘Subsistence
Management Regulations for Public
Lands in Alaska, Subpart C and Subpart
D—2005–06 Subsistence Taking of Fish
and Wildlife Regulations,’’ which expire
on March 31, 2006. This rule also
amends the Customary and Traditional
Use Determinations of the Federal
Subsistence Board (Section ll.24 of
Subpart C).
DATES: Sections ll.24(a)(2) and (3) are
effective April 1, 2006. Sections ll.27
and ll.28 are effective April 1, 2006,
through March 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
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Background
Title VIII of the Alaska National
Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111–3126)
requires that the Secretary of the Interior
and the Secretary of Agriculture
(Secretaries) implement a joint program
to grant a preference for subsistence
uses of fish and wildlife resources on
public lands, unless the State of Alaska
enacts and implements laws of general
applicability that are consistent with
ANILCA and that provide for the
subsistence definition, preference, and
participation specified in Sections 803,
804, and 805 of ANILCA. In 1978, the
State implemented a program that the
Department of the Interior found to be
consistent with ANILCA. However, in
December 1989, the Alaska Supreme
Court ruled in McDowell v. State of
Alaska that the rural preference in the
State subsistence statute violated the
Alaska Constitution. The Court’s ruling
in McDowell required the State to delete
the rural preference from the
subsistence statute and, therefore,
negated State compliance with ANILCA.
The Court stayed the effect of the
decision until July 1, 1990.
As a result of the McDowell decision,
the Department of the Interior and the
Department of Agriculture
(Departments) assumed, on July 1, 1990,
responsibility for implementation of
Title VIII of ANILCA on public lands.
On June 29, 1990, the Temporary
Subsistence Management Regulations
for Public Lands in Alaska were
published in the Federal Register (55
FR 27114). On January 8, 1999 (64 FR
1276), the Departments extended
jurisdiction to include waters in which
there exists a Federal reserved water
right. This amended rule conformed the
Federal Subsistence Management
Percentage horizontal separation
attained
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U.S. Fish and Wildlife Service,
Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786–
3888. For questions specific to National
Forest System lands, contact Steve
Kessler, Regional Subsistence Program
Leader, USDA, Forest Service, Alaska
Region, (907) 786–3592.
SUPPLEMENTARY INFORMATION:
PO 00000
After masthead light
less than 1/2 ship’s
length aft of forward
masthead light. Annex
I, sec. 3(a)
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Approved: December 8, 2005.
Anthony J. Mazzeo,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate General (Admiralty
and Maritime Law) (Acting).
[FR Doc. 06–2991 Filed 3–28–06; 8:45 am]
Forward masthead light
not in forward quarter
of ship. Annex I, sec.
3(a)
Program to the Ninth Circuit’s ruling in
Alaska v. Babbitt. Consistent with
Subparts A, B, and C of these
regulations, as revised May 7, 2002 (67
FR 30559), the Departments established
a Federal Subsistence Board to
administer the Federal Subsistence
Management Program. The Board’s
composition includes a Chair appointed
by the Secretary of the Interior with
concurrence of the Secretary of
Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service;
the Alaska Regional Director, U.S.
National Park Service; the Alaska State
Director, U.S. Bureau of Land
Management; the Alaska Regional
Director, U.S. Bureau of Indian Affairs;
and the Alaska Regional Forester, USDA
Forest Service. Through the Board, these
agencies participated in the
development of regulations for Subparts
A, B, and C, and the annual Subpart D
regulations.
All Board members have reviewed
this rule and agree with its substance.
Because this rule relates to public lands
managed by 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.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless
otherwise amended) of the Subsistence
Management Regulations for Public
Lands in Alaska, 50 CFR 100.1 to 100.23
and 36 CFR 242.1 to 242.23, remain
effective and apply to this rule.
Therefore, all definitions located at 50
CFR 100.4 and 36 CFR 242.4 apply to
regulations found in this subpart.
Federal Subsistence Regional Advisory
Councils
Pursuant to the Record of Decision,
Subsistence Management Regulations
for Federal Public Lands in Alaska,
April 6, 1992, and the Subsistence
Management Regulations for Federal
Public Lands in Alaska, 36 CFR 242.11
and 242.22 (2002) and 50 CFR 100.11
and 100.22 (2002), and for the purposes
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identified therein, we divide Alaska into
10 subsistence resource regions, each of
which is represented by a Federal
Subsistence Regional Advisory Council
(Regional Council). The Regional
Councils provide a forum for rural
residents with personal knowledge of
local conditions and resource
requirements to exercise a meaningful
role in the subsistence management of
fish and wildlife on Alaska public
lands. The Regional Council members
represent varied geographical, cultural,
and user diversity within each region.
The Regional Councils had a
substantial role in reviewing the
proposed rule (70 FR 1216, January 6,
2005) and making recommendations for
this final rule. Moreover, the Council
Chairs, or their designated
representatives, presented their
Council’s recommendations at the Board
meeting of January 10–13, 2006.
Transcripts from this series of meetings
are available at https://alaska.fws.gov/
asm/index.cfm.
Summary of Changes
Section ll.24 (Customary and
traditional use determinations) was
originally published in the Federal
Register (57 FR 22940) on May 29, 1992.
Since that time, the Board has made a
number of Customary and Traditional
Use Determinations at the request of
impacted subsistence users. Those
modifications, along with some
administrative corrections, were last
published in the Federal Register on
January 6, 2005 (70 FR 1216). During its
January 10–13, 2006, meeting, the Board
made new determinations in addition to
various annual season and harvest limit
changes. The public has had extensive
opportunity to review and comment on
all changes. Additional details on the
recent Board modifications are
contained below in Analysis of
Proposals Adopted by the Board.
Subpart D regulations are subject to
an annual cycle and require
development of an entire new rule each
year. Customary and traditional use
determinations are also subject to an
annual review process providing for
modification each year. We published
proposed Subpart D regulations for the
2006–07 seasons, harvest limits, and
methods and means on January 6, 2005,
in the Federal Register (70 FR 1216). A
45-day comment period providing for
public review of the proposed rule and
calling for proposals was advertised by
mail, radio, and newspaper. During that
period, the Regional Councils met and,
in addition to other Regional Council
business, received suggestions for
proposals from the public. The Board
received a total of 34 proposals for
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changes to Customary and Traditional
Use Determinations or to Subpart D.
Subsequent to the review period, the
Board prepared a booklet describing the
proposals and distributed it to the
public. The public had an additional 30
days in which to comment on the
proposals for changes to the regulations.
The 10 Regional Councils then met
again, received public comments, and
formulated their recommendations to
the Board on proposals for their
respective regions. Four of the proposals
were not considered, being deferred for
Board consideration in a future cycle.
These final regulations reflect Board
review and consideration of Regional
Council recommendations and public
comments on the remaining proposals.
Analysis of Proposals Rejected by the
Board
The Board rejected, tabled, or took no
action on 14 proposals. With three
exceptions, all of these actions were
based on recommendations from at least
one Regional Council.
The Board rejected one proposal
requesting revisions to the subsistence
fishing schedule for the Yukon River.
The Board rejected this proposal
because the current fishing schedule is
a result of a coordinated effort by users
and government bodies to distribute
harvest across the run so as to not overly
impact a specific stock, to rebuild
depressed salmon stocks, and for the
long-term benefit of all users.
Additionally, in-season managers
already have the authority to modify the
schedule when run strength is adequate
to allow additional harvest or restrict it
when run strength is very weak.
The Board rejected one proposal that
requested restrictions to the depth of gill
nets used by all fishermen in the Yukon
River. The Board rejected this proposal
but stated its commitment to work with
other interests to resolve issues raised in
and during the discussion of this
proposal.
The Board took no action on one
proposal that requested a revised
customary and traditional use
determination in the Prince William
Sound Fishery Management Area,
because a similar proposal adopted with
modification by the Board rendered this
proposal moot.
The Board rejected one proposal that
would have established a fly fishing
zone on the Eyak River. The Board
rejected this proposal as unnecessary
and noted that the in-season manager
has the authority to institute restrictive
permit conditions if deemed appropriate
for resource conservation.
Contrary to the recommendation of
the Regional Council, the Board rejected
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one proposal that requested restrictions
on the harvest methods used by
subsistence fishermen in a portion of
the Prince William Sound Fishery
Management Area. The Board rejected
this proposal as unnecessarily
restrictive for subsistence users.
Contrary to the recommendation of
the Regional Council, the Board rejected
a proposal that requested restrictions on
the harvest limits for subsistence
fishermen in a portion of the Prince
William Sound Fishery Management
Area. The Board rejected this proposal
as an unnecessary restriction on
subsistence users.
The Board took no action on one
proposal that requested a restriction on
the use of fish wheels in the Upper
Copper River District, because a similar
proposal adopted by the Board rendered
this proposal moot.
The Board tabled one proposal that
requested a revised customary and
traditional use determination in the
Southeastern Alaska Fishery
Management Area, because the Regional
Council will be presenting a more
comprehensive proposal for the area in
the upcoming regulatory cycle.
The Board took no action on one
proposal that requested revising the
season start date for harvesting sockeye
salmon in the Stikine River, because a
similar proposal adopted by the Board
rendered this proposal moot.
Contrary to the recommendation of
the Regional Council, the Board rejected
a proposal that requested allowing
subsistence harvested pink salmon to be
used as bait in any fishery, including
the commercial fishery occurring off of
Federal public waters. The Board
rejected this proposal as an unwarranted
expansion of its authority into a Statemanaged fishery.
The Board rejected four proposals that
would have placed additional harvest
restrictions on steelhead in southeast
Alaska. These proposals were rejected
because the Board believes that proper
safeguards are already in place to
protect steelhead populations, and the
proposals would have placed
unnecessary restrictions on subsistence
users.
Analysis of Proposals Adopted by the
Board
The Board adopted 16 proposals. A
number of proposals dealing with the
same issue were dealt with as a package.
Some proposals were adopted as
submitted and others were adopted with
modifications suggested by the
respective Regional Council or
developed during the Board’s public
deliberations.
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All of the adopted proposals were
recommended for adoption by at least
one of the Regional Councils and were
based on meeting customary and
traditional uses, conforming with
harvest practices, or protecting fish
populations. Detailed information
relating to justification for the action on
each proposal may be found in the
Board meeting transcripts, available for
review at the Office of Subsistence
Management, 3601 C Street, Suite 1030,
Anchorage, Alaska, or on the Office of
Subsistence Management Web site
(https://alaska.fws.gov/asm/index.cfm).
Additional technical clarifications and
removal of excess or duplicative text
have been made, which result in a more
readable document.
In the final rule, we deleted the
reference to net fishing between Cape
Douglas and Rocky Point in
§ ll.27(i)(2) because that area is not
within jurisdiction as identified in
§ ll.3(b). When questions of
jurisdiction are brought to our attention,
we immediately review the issue and
make any appropriate modifications to
our regulations as we have done here. In
addition, we revised the regulations
pertaining to specific management areas
as follows:
Statewide Proposal
The Board adopted one proposal
affecting all rural residents and areas of
the State, which will result in a change
to the regulations found in § ll.25 that
will be published the next time (June
2006) that section is published in the
Federal Register.
• Permitted the sale of handicrafts
made by rural Alaskans from the
nonedible byproducts (including, but
not limited to skin, shell, fins, and
bones) of subsistence-harvested fish or
shellfish.
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Yukon-Northern Fishery Management
Area
The Board adopted one proposal
affecting residents of the YukonNorthern Fishery Management Area,
resulting in the following change to the
regulations found in § ll.24.
• Revised the customary and
traditional use determination for
freshwater fish (other than salmon) in
the Tanana River drainage.
Kuskokwim Fishery Management Area
The Board adopted one proposal
affecting residents of the Kuskokwim
Fishery Management Area, resulting in
the following change to the regulations
found in § ll.27.
• Removed in a portion of the Area
the fishing time restrictions before and
after commercial salmon openings.
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Alaska Peninsula Fishery Management
Area
The Board adopted one proposal
affecting residents of the Alaska
Peninsula Fishery Management Area,
resulting in the following change to the
regulations found in § ll.27.
• Reduced the area closed to
subsistence fishing when there are
commercial salmon openings nearby.
Chignik Fishery Management Area
The Board adopted two proposals
affecting residents of the Chignik
Fishery Management Area, resulting in
the following changes to the regulations
found in § ll.27.
• Reduced the restrictions to
subsistence fishing when there are
commercial salmon openings nearby.
• Opened additional areas in the
Chignik River to subsistence fishing.
Cook Inlet Fishery Management Area
The Board adopted one proposal,
resulting in the following change to the
regulations found in § ll.24.
• Established a customary and
traditional use determination for all fish
species for residents of specific rural
communities on the Kenai Peninsula
and a determination for salmon on the
west side of Cook Inlet.
Prince William Sound Fishery
Management Area
The Board adopted four proposals
affecting residents of the Prince William
Sound Fishery Management Area,
resulting in the following changes to the
regulations found in §§ ll.24 or
ll.27.
• Revised the customary and
traditional use determination for
freshwater fish in the southern portion
of the Prince William Sound Area.
• Allowed for the accumulation of
Federal harvest limits with State sport
fishing limits in a portion of the area.
• Required that fish wheels in the
Upper Copper River District be checked
and fish removed at least once every 10
hours.
• Allowed the use of a fyke net in
Tanada Creek upstream of the National
Park Service weir.
Yakutat Fishery Management Area
The Board adopted two proposals for
the Southeastern Alaska Fishery
Management Area that also affected
residents of the Yakutat Fishery
Management Area, resulting in the
following change to the regulations
found in § ll.27.
• Allowed the use of bait in
subsistence rod and reel fisheries.
• Revised the marking requirements
for subsistence-taken salmon.
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Southeastern Alaska Fishery
Management Area
The Board adopted three proposals
affecting residents of the Southeastern
Alaska Fishery Management Area,
resulting in the following changes to the
regulations found in § ll.27.
• Allowed the use of bait in
subsistence rod and reel fisheries.
• Aligned harvest limits for sockeye
salmon in the Bay of Pillars drainage
with State harvest limits.
• Revised the marking requirements
for subsistence-taken salmon.
Additionally, the Board adopted two
proposals affecting residents of the
Southeastern Alaska Fishery
Management Area, resulting in the
following changes to the regulations
found in § ll.27, that will be
implemented following consultation
with the Transboundary Panel and the
Pacific Salmon Commission.
• Relaxed the gillnet mesh size
restrictions during the Chinook salmon
season on the Stikine River.
• Changed the start date of the
sockeye salmon season on the Stikine
River.
Administrative Procedure Act
Compliance
The Board finds that additional public
notice under the Administrative
Procedure Act (APA) for this final rule
is unnecessary and contrary to the
public interest. The Board has provided
extensive opportunity for public input
and involvement in excess of standard
APA requirements, including
participation in multiple Regional
Council meetings, additional public
review and comment on all proposals
for regulatory change, and opportunity
for additional public comment during
the Board meeting prior to deliberation.
Additionally, an administrative
mechanism exists (and has been used by
the public) to request reconsideration of
the Board’s decision on any particular
proposal for regulatory change. Over the
15 years the Program has been
operating, no benefit to the public has
been demonstrated by delaying the
effective date of regulations. A lapse in
regulatory control could seriously affect
the continued viability of fish and
shellfish populations, adversely impact
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) to make this
rule effective less than 30 days after
publication.
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Conformance with Statutory and
Regulatory Authorities
National Environmental Policy Act
Compliance
A Draft Environmental Impact
Statement (DEIS) for developing a
Federal Subsistence Management
Program was distributed for public
comment on October 7, 1991. That
document described the major issues
associated with Federal subsistence
management as identified through
public meetings, written comments, and
staff analysis and examined the
environmental consequences of four
alternatives. Proposed regulations
(Subparts A, B, and C) that would
implement the preferred alternative
were included in the DEIS as an
appendix. The DEIS and the proposed
administrative regulations presented a
framework for an annual regulatory
cycle regarding subsistence hunting and
fishing regulations (Subpart D). The
Final Environmental Impact Statement
(FEIS) was published on February 28,
1992.
Based on the public comment
received, the analysis contained in the
FEIS, and the recommendations of the
Federal Subsistence Board and the
Department of the Interior’s Subsistence
Policy Group, the Secretary of the
Interior, with the concurrence of the
Secretary of Agriculture, through the
U.S. Department of Agriculture-Forest
Service, implemented Alternative IV as
identified in the DEIS and FEIS (Record
of Decision on Subsistence Management
for Federal Public Lands in Alaska
(ROD), signed April 6, 1992). The DEIS
and the selected alternative in the FEIS
defined the administrative framework of
an annual regulatory cycle for
subsistence hunting and fishing
regulations. The final rule for
Subsistence Management Regulations
for Public Lands in Alaska, Subparts A,
B, and C (57 FR 22940, published May
29, 1992; amended January 8, 1999, 64
FR 1276; June 12, 2001, 66 FR 31533;
May 7, 2002, 67 FR 30559; April 30,
2003, 68 FR 23035; October 14, 2004, 68
FR 60957; and December 27, 2005, 70
FR 76400) implemented the Federal
Subsistence Management Program and
included a framework for an annual
cycle for subsistence hunting and
fishing regulations.
An environmental assessment was
prepared in 1997 on the expansion of
Federal jurisdiction over fisheries and is
available from the office listed under
FOR FURTHER INFORMATION CONTACT. The
Secretary of the Interior, with the
concurrence of the Secretary of
Agriculture, determined that the
expansion of Federal jurisdiction did
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not constitute a major Federal action
significantly affecting the human
environment and has therefore signed a
Finding of No Significant Impact.
Compliance with Section 810 of
ANILCA
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. A Section 810 analysis was
completed as part of the FEIS process.
The final Section 810 analysis
determination appeared in the April 6,
1992, ROD, which concluded that the
Federal Subsistence Management
Program may have some local impacts
on subsistence uses, but the program is
not likely to significantly restrict
subsistence uses.
Paperwork Reduction Act
The information collection
requirements contained in this rule have
been approved by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) and assigned
OMB control number 1018–0075, which
expires August 31, 2006. We may not
conduct or sponsor, and you are not
required to respond to, a collection of
information request unless it displays a
currently valid OMB control number.
Other Requirements
Regulatory Planning and Review
(Executive Order 12866)—In accordance
with the criteria in Executive Order
12866, this rule is not a significant
regulatory action subject to OMB
review. OMB makes this determination.
This action will not have an annual
economic effect of $100 million or
adversely affect any economic sector,
productivity, competition, jobs, the
environment, or other units of
government. Therefore, a cost-benefit
and economic analysis is not required.
This action will not create
inconsistencies with other agencies’
actions or otherwise interfere with an
action taken or planned by another
agency. This action will not materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients. This
action will not raise novel legal or
policy issues.
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
economic effect on a substantial number
of small entities, which include small
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businesses, organizations, or
governmental jurisdictions. The
Departments have determined 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.
This rulemaking will impose no
significant costs on small entities; the
exact number of businesses and the
amount of trade that will result from
this Federal land-related activity is
unknown. The aggregate effect is an
insignificant positive economic effect on
a number of small entities, such as
tackle, boat, and gasoline dealers. The
number of small entities affected is
unknown; however, the fact that the
positive effects will be seasonal in
nature and will, in most cases, merely
continue preexisting uses of public
lands indicates that the effects will not
be significant.
In general, the resources harvested
under this rule will be consumed by the
local harvester and do not result in a
dollar benefit to the economy. However,
we estimate that about 26.2 million
pounds of fish (including about 9
million pounds of salmon) are harvested
by the local subsistence users annually
and, if based on a replacement value of
$3.00 per pound, would equate to $78.6
million in food value Statewide.
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
preference 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.
The Service has determined and
certifies 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 no cost is
involved to any State or local entities or
Tribal governments.
The Service has determined that these
final regulations meet the applicable
standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988 (Civil
Justice Reform).
In accordance with Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
Title VIII of ANILCA precludes the State
from exercising management authority
over wildlife resources on Federal
lands.
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
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with Native American Tribal
Governments’’ (59 FR 22951), 512 DM 2,
and E.O. 13175, we have evaluated
possible effects on Federally recognized
Indian tribes and have determined that
there are no effects. The Bureau of
Indian Affairs is a participating agency
in this rulemaking.
On May 18, 2001, the President issued
Executive Order 13211 on regulations
that significantly affect energy supply,
distribution, or use. This Executive
Order requires agencies to prepare
Statements of Energy Effects when
undertaking certain actions. As this rule
is not a significant regulatory action
under Executive Order 13211, affecting
energy supply, distribution, or use, this
action is not a significant action and no
Statement of Energy Effects is required.
Drafting Information
William Knauer drafted these
regulations under the guidance of
Thomas H. Boyd, of the Office of
Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Dennis Tol,
Alaska State Office, Bureau of Land
Management; Rod Simmons, Alaska
Regional Office, U.S. Fish and Wildlife
Service; Nancy Swanton, Alaska
Regional Office, National Park Service;
Dr. Glenn Chen, Alaska Regional Office,
Bureau of Indian Affairs; and Steve
Kessler, USDA–Forest Service, provided
additional guidance.
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.
For the reasons set out in the
preamble, the Federal Subsistence
Board amends Title 36, part 242, and
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15573
Title 50, part 100, of the Code of Federal
Regulations, as set forth below.
PART ll—SUBSISTENCE
MANAGEMENT REGULATIONS FOR
PUBLIC LANDS IN ALASKA
1. The authority citation for both 36
CFR part 242 and 50 CFR part 100
continues to read as follows:
I
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
2. In Subpart C of 36 CFR part 242 and
50 CFR part 100, §§ ll.24(a)(2) and (3)
are revised to read as follows:
I
§ ll.24 Customary and traditional use
determinations.
(a) * * *
(2) Fish determinations. The
following communities and areas have
been found to have a positive customary
and traditional use determination in the
listed area for the indicated species:
Area
Species
Determination
KOTZEBUE AREA .............................................
NORTON SOUND—PORT CLARENCE AREA:
Norton Sound—Port Clarence Area, waters
draining into Norton Sound between Point
Romanof and Canal Point.
Norton Sound—Port Clarence Area, remainder
All fish ..............................................................
Residents of the Kotzebue Area.
All fish ..............................................................
Residents of Stebbins, St. Michael, and Kotlik.
All fish ..............................................................
Residents of the Norton Sound-Port Clarence
Area.
YUKON-NORTHERN AREA:
Yukon River drainage .................................
Salmon, other than fall chum salmon ..............
Yukon River drainage .................................
Fall chum salmon .............................................
Yukon River drainage .................................
Remainder of the Yukon-Northern Area ............
Freshwater fish (other than salmon) ................
All fish ..............................................................
Tanana River drainage contained within
the Tetlin NWR and the Wrangell-St.
Elias NPP.
Freshwater fish (other than salmon) ................
KUSKOKWIM AREA ..........................................
Salmon .............................................................
Residents of the Yukon River drainage and
the community of Stebbins.
Residents of the Yukon River drainage and
the communities of Stebbins, Scammon
Bay, Hooper Bay, and Chevak.
Residents of the Yukon-Northern Area.
Residents of the Yukon-Northern Area, excluding the residents of the Yukon River
drainage and excluding those domiciled in
Unit 26B.
Residents of the Yukon-Northern Area and
residents of Mentasta Lake, Chistochina,
Slana, and all residents living between
Mentasta Lake and Chistochina.
Residents of the Kuskokwim Area, except
those persons residing on the United States
military installations located on Cape
Newenham, Sparrevohn USAFB, and
Tatalina USAFB.
Residents of the communities of Akiachak,
Akiak,
Aniak,
Atmautluak,
Bethel,
Chuathbaluk,
Crooked
Creek,
Eek,
Goodnews Bay, Kasigluk, Kwethluk, Lower
Kalskag,
Napakiak,
Napaskiak,
Nunapitchuk,
Oscarville,
Platinum,
Quinhagak, Tuluksak, Tuntutuliak, and
Upper Kalskag.
Residents of the communities of Chevak,
Newtok, Tununak, Toksook Bay, Nightmute,
Chefornak, Kipnuk, Mekoryuk, Kwigillingok,
Kongiganak, Eek, and Tuntutuliak.
hsrobinson on PROD1PC68 with RULES
Rainbow trout ...................................................
Pacific cod ........................................................
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Area
Species
All other fish other than herring .......................
Waters around Nunivak Island ...........................
BRISTOL BAY AREA:
Nushagak District, including drainages
flowing into the district.
Naknek-Kvichak District—Naknek River
drainage.
Naknek-Kvichak District—Kvichak/Iliamma
Lake Clark drainage.
Togiak District, including drainages flowing
into the district.
Egegik District, including drainages flowing
into the district.
Determination
Residents of the Kuskokwim Area, except
those persons residing on the United States
military installation located on Cape
Newenham, Sparrevohn USAFB, and
Tatalina USAFB.
Residents within 20 miles of the coast between the westernmost tip of the Naskonat
Peninsula and the terminus of the Ishowik
River and on Nunivak Island.
Herring and herring roe ...................................
Salmon and freshwater fish .............................
Salmon and freshwater fish .............................
Salmon and freshwater fish .............................
Salmon and freshwater fish .............................
Salmon and freshwater fish .............................
Ugashik District, including drainages flowing into the district.
Togiak District ..............................................
ALEUTIAN ISLANDS AREA ...............................
Salmon and freshwater fish.
ALASKA PENINSULA AREA .............................
Halibut ..............................................................
CHIGNIK AREA ..................................................
All other fish in the Alaska Peninsula Area .....
Halibut, salmon and fish other than rainbow/
steelhead trout.
Salmon .............................................................
KODIAK AREA—except the Mainland District,
all waters along the south side of the Alaska
Peninsula bounded by the latitude of Cape
Douglas (58°51.10′ North latitude) midstream Shelikof Strait, north and east of the
longitude of the southern entrance of Imuya
Bay near Kilokak Rocks (57°10.34′ North latitude, 156°20.22′ West longitude).
Kodiak Area ........................................................
COOK INLET AREA:
Kenai Peninsula District—Waters north of
and including the Kenai River drainage
within the Kenai National Wildlife Refuge
and the Chugach National Forest.
Waters within the Kasilof River drainage
within the Kenai NWR.
Waters within Lake Clark National Park
draining into and including that portion of
Tuxedni Bay within the park.
Cook Inlet Area ...........................................
PRINCE WILLIAM SOUND AREA:
Southwestern District and Green Island .....
North of a line from Porcupine Point to
Granite Point, and south of a line from
Point Lowe to Tongue Point.
hsrobinson on PROD1PC68 with RULES
Residents of the Nushagak District and freshwater drainages flowing into the district.
Residents of the Naknek and Kvichak River
drainages.
Residents of the Kvichak/Iliamna-Lake Clark
drainage.
Residents of the Togiak District, freshwater
drainages flowing into the district, and the
community of Manokotak.
Residents of South Naknek, the Egegik District and freshwater drainages flowing into
the district.
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All fish ..............................................................
Residents of the Aleutian Islands Area and
the Pribilof Islands.
Residents of the Alaska Peninsula Area and
the communities of Ivanof Bay and Perryville.
Residents of the Alaska Peninsula Area.
Residents of the Chignik Area.
Residents of the Kodiak Island Borough, except those residing on the Kodiak Coast
Guard Base.
Fish other than rainbow/steelhead trout and
salmon.
Residents of the Kodiak Area.
All fish ..............................................................
Residents of the communities of Hope and
Cooper Landing.
All fish ..............................................................
Residents of the community of Ninilchik.
Salmon .............................................................
Residents of the Tuxedni Bay area.
Fish other than salmon, Dolly Varden, trout,
char, grayling and burbot.
Residents of the Cook Inlet Area.
Salmon .............................................................
Residents of the Southwestern District, which
is mainland waters from the outer point on
the north shore of Granite Bay to Cape
Fairfield, and Knight Island, Chenega Island, Bainbridge Island, Evans Island,
Elrington Island, Latouche Island and adjacent islands.
Residents of the villages of Tatitlek and
Ellamar.
Salmon .............................................................
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Species
Determination
Copper River drainage upstream from
Haley Creek.
Freshwater fish ................................................
Gulkana National Wild and Scenic River ....
Freshwater fish ................................................
Waters of the Prince William Sound Area,
except for the Copper River drainage upstream of Haley Creek.
Chitna Subdistrict of the Upper Copper
River District.
Freshwater fish (trout, char, whitefish, suckers, grayling, and burbot).
Glennallen Subdistrict of the Upper Copper
River District.
Salmon .............................................................
Waters of the Copper River between National Park Service regulatory markers
located near the mouth of Tanada
Creek, and in Tanada Creek between
National Park Service regulatory markers
identifying the open waters of the creek.
Remainder of the Prince William Sound
Area.
Waters of the Bering River area from Point
Martin to Cape Suckling.
Waters of the Copper River Delta from the
Eyak River to Point Martin.
YAKUTAT AREA:
Fresh water upstream from the terminus of
streams and rivers of the Yakutat Area
from the Doame River to the Tsiu River.
Salmon .............................................................
Residents of Cantwell, Chisana, Chistochina,
Chitina, Copper Center, Dot Lake, Gakona,
Gakona Junction, Glennallen, Gulkana,
Healy Lake, Kenny Lake, Lower Tonsina,
McCarthy, Mentasta Lake, Nabesna,
Northway, Slana, Tanacross, Tazlina,
Tetlin, Tok, Tonsina, and those individuals
that live along the Tok Cutoff from Tok to
Mentasta Pass, and along the Nabesna
Road.
Residents of Cantwell, Chisana, Chistochina,
Chitina, Copper Center, Dot Lake, Gakona,
Gakona Junction, Glennallen, Gulkana,
Healy Lake, Kenny Lake, Lower Tonsina,
McCarthy, Mentasta Lake, Nabesna,
Northway,
Paxson-Sourdough,
Slana,
Tanacross, Tazlina, Tetlin, Tok, Tonsina,
and those individuals that live along the Tok
Cutoff from Tok to Mentasta Pass, and
along the Nabesna Road.
Residents of the Prince William Sound Area,
except those living in the Copper River
drainage upstream of Haley Creek.
Residents of Cantwell, Chickaloon, Chisana,
Chistochina, Chitina, Copper Center, Dot
Lake,
Gakona,
Gakona
Junction,
Glennallen, Gulkana, Healy Lake, Kenny
Lake, Lower Tonsina, McCarthy, Mentasta
Lake,
Nabesna,
Northway,
PaxsonSourdough, Slana, Tanacross, Tazlina,
Tetlin, Tok, Tonsina, and those individuals
that live along the Tok Cutoff from Tok to
Mentasta Pass, and along the Nabesna
Road.
Residents of the Prince William Sound Area
and residents of Cantwell, Chickaloon,
Chisana, Dot Lake, Healy Lake, Northway,
Tanacross, Tetlin, Tok, and those individuals living along the Alaska Highway from
the Alaskan/Canadian border to Dot Lake,
along the Tok Cutoff from Tok to Mentasta
Pass, and along the Nebesna Road.
Residents of Mentasta Lake and Dot Lake.
Salmon .............................................................
Residents of the Prince William Sound Area.
Eulachon ..........................................................
Residents of Cordova.
Eulachon ..........................................................
Residents of Cordova, Chenega Bay, and
Tatitlek.
Salmon .............................................................
Fresh water upstream from the terminus of
streams and rivers of the Yakutat Area
from the Doame River to Point Manby..
Dolly Varden, steelhead trout, and smelt ........
Remainder of the Yakutat Area ..................
hsrobinson on PROD1PC68 with RULES
Area
15575
Dolly Varden, trout, smelt, and eulachon ........
Residents of the area east of Yakutat Bay, including the islands within Yakutat Bay, west
of the Situk River drainage, and south of
and including Knight Island.
Residents of the area east of Yakutat Bay, including the islands within Yakutat Bay, west
of the Situk River drainage, and south of
and including Knight Island.
Residents of Southeastern Alaska and
Yakutat Areas.
SOUTHEASTERN ALASKA AREA:
District 1—Section 1E in waters of the
Naha River and Roosevelt Lagoon.
District 1—Section 1F in Boca de Quadra
in waters of Sockeye Creek and Hugh
Smith Lake within 500 yards of the terminus of Sockeye Creek.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
Salmon, Dolly Varden, trout, and smelt, and
eulachon.
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Salmon .............................................................
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Residents of the City of Saxman.
Residents of the City of Saxman.
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Species
Determination
Districts 2, 3, and 5 and waters draining
into those Districts.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 5—North of a line from Point Barrie
to Boulder Point.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 6 and waters draining into that District.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 7 and waters draining into that District.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 8 and waters draining into that District.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 9—Section 9A .................................
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 9—Section 9B north of the latitude
of Swain Point.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 10—West of a line from Pinta Point
to False Point Pybus.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 12—South of a line from Fishery
Point to south Passage Point and north
of the latitude of Point Caution.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 13—Section 13A south of the latitude of Cape Edward.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 13—Section 13B northof the latitude of Redfish Cape.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 13—Section 13C .............................
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 13—Section 13C east of the longitude of Point Elizabeth.
Salmon, Dolly Varden, trout, smelt, and
eulachon.
District 14—Section 14B and 14C ..............
Salmon, Dolly Varden, trout, smelt, and
eulachon.
Remainder of the Southeastern Alaska
Area.
hsrobinson on PROD1PC68 with RULES
Area
Salmon, Dolly Varden, trout, smelt, and
eulachon.
Residents living south of Sumner Strait and
west of Clarence Strait and Kashevaroff
Passage.
Residents of the City of Kake and in
Kupreanof Island drainages emptying into
Keku Strait south of Point White and north
of the Portage Bay boat harbor.
Residents living south of Sumner Strait and
Kashevaroff Passage; residents of drainages flowing into District 6 north of the latitude of Point Alexander (Mitkof Island); residents of drainages flowing into Districts 7 &
8, including the communities of Petersburg
& Wrangell; and residents of the communities of Meyers Chuck and Kake.
Residents of drainage flowing into District 6
north of the latitude of Point Alexander
(Mitkof Island); residents of drainages flowing into Districts 7 & 8, including the communities of Petersburg & Wrangell; and
residents of the communities of Meyers
Chuck and Kake.
Residents of drainages flowing into Districts 7
& 8, residents of drainages flowing into District 6 north of the latitude of Point Alexander (Mitkof Island), and residents of Meyers Chuck.
Residents of the City of Kake and in
Kupreanof Island drainages emptying into
Keku Strait south of Point White and north
of the Portage Bay boat harbor.
Residents of the City of Kake and in
Kupreanof Island drainages emptying into
Keku Strait south of Point White and north
of the Portage Bay harbor.
Residents of the City of Kake and in
Kupreanof Island drainages emptying into
Keku Strait south of Point White and north
of the Portage Bay boat harbor.
Residents of the City of Angoon and along
the western shore of Admiralty Island north
of the latitude of Sand Island, south of the
latitude of Thayer Creek, and west of
134°30′ West longitude, including Killisnoo
Island.
Residents of the City and Borough of Sitka in
drainages that empty into Section 13B north
of the latitude of Dorothy Narrows.
Residents of the City and Borough of Sitka in
drainages that empty into Section 13B north
of the latitude of Dorothy Narrows.
Residents of the City and Borough of Sitka in
drainages that empty into Section 13B north
of the latitude of Dorothy Narrows.
Residents of the City of Angoon and along
the western shore of of Admiralty Island
north of the latitude of Sand Island, south of
the latitude of Thayer Creek, and west of
134°30′ West longitude, including Killisnoo
Island.
Residents of the City of Hoonah and in
Chichagof Island drainages on the eastern
shore of Port Frederick from Gartina Creek
to Point Sophia.
Residents of Southeastern Alaska and
Yakutat Areas.
(3) Shellfish determinations. The
following communities and areas have
been found to have a positive customary
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listed area for the indicated species:
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15577
Area
Species
Determination
BERING SEA AREA ..........................................
ALASKA PENINSULA—ALEUTIAN ISLANDS
AREA.
KODIAK AREA ...................................................
Kodiak Area, except for the Semidi Island, the
North Mainland, and the South Mainland
Sections.
COOK INLET AREA:
Federal waters in the Tuxedni Bay Area
within the boundaries of Lake Clark National Park.
PRINCE WILLIAM SOUND AREA .....................
All shellfish .......................................................
Shrimp, Dungeness, king, and Tanner crab ....
Shrimp, Dungeness, and Tanner crab ............
King crab ..........................................................
Residents of the Bering Sea Area.
Residents of the Alaska Penninsula-Aleutian
Island Area.
Residents of Kodiak Area.
Residents of the Kodiak Island Borough, except those residents on the Kodiak Coast
Guard base.
Shellfish ............................................................
Residents of Tuxedni Bay, Chisik Island, and
Tyonek.
Shrimp, clams, Dungeness, king, and Tanner
crab.
Residents of the Prince William Sound Area.
Shellfish, except shrimp, king crab, and Tanner crab.
Shellfish, except shrimp, king crab, and Tanner crab.
Residents of the Southeast Area.
Shellfish, except shrimp, king crab, and Tanner crab.
Dungeness crab, shrimp, abalone, sea cucumbers, gum boots, cockles, and clams,
except geoducks.
Residents of the Southeast Area.
SOUTHEASTERN ALASKA—YAKUTAT AREA:
Section 1E south of the latitude of Grant
Island light.
Section 1F north of the latitude of the
northernmost tip of Mary Island, except
waters of Boca de Quadra.
Section 3A and 3B ......................................
District 13 ....................................................
*
*
*
*
*
3. In Subpart D of 36 CFR part 242 and
50 CFR part 100, §§ ll.27 and ll.28
are added effective April 1, 2006,
through March 31, 2007, to read as
follows:
I
hsrobinson on PROD1PC68 with RULES
§ ll.27
Subsistence taking of fish.
(a) Applicability. (1) Regulations in
this section apply to the taking of fish
or their parts for subsistence uses.
(2) You may take fish for subsistence
uses at any time by any method unless
you are restricted by the subsistence
fishing regulations found in this section.
The harvest limit specified in this
section for a subsistence season for a
species and the State harvest limit set
for a State season for the same species
are not cumulative, except as modified
by regulations in § ll.27(i). This
means that if you have taken the harvest
limit for a particular species under a
subsistence season specified in this
section, you may not, after that, take any
additional fish of that species under any
other harvest limit specified for a State
season.
(b) [Reserved]
(c) Methods, means, and general
restrictions. (1) Unless otherwise
specified in this section or under terms
of a required subsistence fishing permit
(as may be modified by this section),
you may use the following legal types of
gear for subsistence fishing:
(i) A set gillnet;
(ii) A drift gillnet;
(iii) A purse seine;
(iv) A hand purse seine;
(v) A beach seine;
(vi) Troll gear;
(vii) A fish wheel;
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(viii) A trawl;
(ix) A pot;
(x) A longline;
(xi) A fyke net;
(xii) A lead;
(xiii) A herring pound;
(xiv) A dip net;
(xv) Jigging gear;
(xvi) A mechanical jigging machine;
(xvii) A handline;
(xviii) A cast net;
(xix) A rod and reel; and
(xx) A spear.
(2) You must include an escape
mechanism on all pots used to take fish
or shellfish. The escape mechanisms are
as follows:
(i) A sidewall, which may include the
tunnel, of all shellfish and bottomfish
pots must contain an opening equal to
or exceeding 18 inches in length, except
that in shrimp pots the opening must be
a minimum of 6 inches in length. The
opening must be laced, sewn, or secured
together by a single length of untreated,
100 percent cotton twine, no larger than
30 thread. The cotton twine may be
knotted at each end only. The opening
must be within 6 inches of the bottom
of the pot and must be parallel with it.
The cotton twine may not be tied or
looped around the web bars. Dungeness
crab pots may have the pot lid tie-down
straps secured to the pot at one end by
a single loop of untreated, 100 percent
cotton twine no larger than 60 thread, or
the pot lid must be secured so that,
when the twine degrades, the lid will no
longer be securely closed;
(ii) All king crab, Tanner crab,
shrimp, miscellaneous shellfish and
bottomfish pots may, instead of
complying with paragraph (c)(2)(i) of
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Residents of the Southeast Area.
this section, satisfy the following: a
sidewall, which may include the tunnel,
must contain an opening at least 18
inches in length, except that shrimp
pots must contain an opening at least 6
inches in length. The opening must be
laced, sewn, or secured together by a
single length of treated or untreated
twine, no larger than 36 thread. A
galvanic timed-release device, designed
to release in no more than 30 days in
saltwater, must be integral to the length
of twine so that, when the device
releases, the twine will no longer secure
or obstruct the opening of the pot. The
twine may be knotted only at each end
and at the attachment points on the
galvanic timed-release device. The
opening must be within 6 inches of the
bottom of the pot and must be parallel
with it. The twine may not be tied or
looped around the web bars.
(3) For subsistence fishing for salmon,
you may not use a gillnet exceeding 50
fathoms in length, unless otherwise
specified in this section. The gillnet web
must contain at least 30 filaments of
equal diameter or at least 6 filaments,
each of which must be at least 0.20
millimeter in diameter.
(4) Except as otherwise provided for
in this section, you may not obstruct
more than one-half the width of any
stream with any gear used to take fish
for subsistence uses.
(5) You may not use live
nonindigenous fish as bait.
(6) You must have your first initial,
last name, and address plainly and
legibly inscribed on the side of your fish
wheel facing midstream of the river.
(7) You may use kegs or buoys of any
color but red on any permitted gear,
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except in the following areas where kegs
or buoys of any color, including red,
may be used:
(i) Yukon-Northern Area; and
(ii) Kuskokwim Area.
(8) You must have your first initial,
last name, and address plainly and
legibly inscribed on each keg, buoy,
stakes attached to gillnets, stakes
identifying gear fished under the ice,
and any other unattended fishing gear
which you use to take fish for
subsistence uses.
(9) You may not use explosives or
chemicals to take fish for subsistence
uses.
(10) You may not take fish for
subsistence uses within 300 feet of any
dam, fish ladder, weir, culvert or other
artificial obstruction, unless otherwise
indicated.
(11) Transactions between rural
residents. Rural residents may exchange
in customary trade subsistenceharvested fish, their parts, or their eggs,
legally taken under the regulations in
this part, for cash from other rural
residents. The Board may recognize
regional differences and define
customary trade differently for separate
regions of the State.
(i) Bristol Bay Fishery Management
Area—The total cash value per
household of salmon taken within
Federal jurisdiction in the Bristol Bay
Fishery Management Area and
exchanged in customary trade to rural
residents may not exceed $500.00
annually.
(ii) Upper Copper River District—The
total number of salmon per household
taken within the Upper Copper River
District and exchanged in customary
trade to rural residents may not exceed
50% of the annual harvest of salmon by
the household. No more than 50% of the
annual household limit may be sold
under paragraphs ll.27(c)(11) and
(12) when taken together. These
customary trade sales must be
immediately recorded on a customary
trade recordkeeping form. The recording
requirement and the responsibility to
ensure the household limit is not
exceeded rests with the seller.
(12) Transactions between a rural
resident and others. In customary trade,
a rural resident may trade fish, their
parts, or their eggs, legally taken under
the regulations in this part, for cash
from individuals other than rural
residents if the individual who
purchases the fish, their parts, or their
eggs uses them for personal or family
consumption. If you are not a rural
resident, you may not sell fish, their
parts, or their eggs taken under the
regulations in this part. The Board may
recognize regional differences and
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define customary trade differently for
separate regions of the State.
(i) Bristol Bay Fishery Management
Area—The total cash value per
household of salmon taken within
Federal jurisdiction in the Bristol Bay
Fishery Management Area and
exchanged in customary trade between
rural residents and individuals other
than rural residents may not exceed
$400.00 annually. These customary
trade sales must be immediately
recorded on a customary trade
recordkeeping form. The recording
requirement and the responsibility to
ensure the household limit is not
exceeded rest with the seller.
(ii) Upper Copper River District—The
total cash value of salmon per
household taken within the Upper
Copper River District and exchanged in
customary trade between rural residents
and individuals other than rural
residents may not exceed $500.00
annually. No more than 50% of the
annual household limit may be sold
under paragraphs ll.27(c)(11) and
(12) when taken together. These
customary trade sales must be
immediately recorded on a customary
trade recordkeeping form. The recording
requirement and the responsibility to
ensure the household limit is not
exceeded rest with the seller.
(13) No sale to, nor purchase by,
fisheries businesses.
(i) You may not sell fish, their parts,
or their eggs taken under the regulations
in this part to any individual, business,
or organization required to be licensed
as a fisheries business under Alaska
Statute AS 43.75.011 (commercial
limited-entry permit or crew license
holders excluded) or to any other
business as defined under Alaska
Statute 43.70.110(1) as part of its
business transactions.
(ii) If you are required to be licensed
as a fisheries business under Alaska
Statute AS 43.75.011 (commercial
limited-entry permit or crew license
holders excluded) or are a business as
defined under Alaska Statute
43.70.110(1), you may not purchase,
receive, or sell fish, their parts, or their
eggs taken under the regulations in this
part as part of your business
transactions.
(14) Except as provided elsewhere in
this section, you may not take rainbow/
steelhead trout.
(15) You may not use fish taken for
subsistence use or under subsistence
regulations in this part as bait for
commercial or sport fishing purposes.
(16) [Reserved]
(17) Unless specified otherwise in this
section, you may use a rod and reel to
take fish without a subsistence fishing
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permit. Harvest limits applicable to the
use of a rod and reel to take fish for
subsistence uses shall be as follows:
(i) If you are required to obtain a
subsistence fishing permit for an area,
that permit is required to take fish for
subsistence uses with rod and reel in
that area. The harvest and possession
limits for taking fish with a rod and reel
in those areas are the same as indicated
on the permit issued for subsistence
fishing with other gear types;
(ii) Except as otherwise provided for
in this section, if you are not required
to obtain a subsistence fishing permit
for an area, the harvest and possession
limits for taking fish for subsistence
uses with a rod and reel are the same
as for taking fish under State of Alaska
subsistence fishing regulations in those
same areas. If the State does not have a
specific subsistence season and/or
harvest limit for that particular species,
the limit shall be the same as for taking
fish under State of Alaska sport fishing
regulations.
(18) Unless restricted in this section,
or unless restricted under the terms of
a subsistence fishing permit, you may
take fish for subsistence uses at any
time.
(19) Provisions on ADF&G subsistence
fishing permits that are more restrictive
or in conflict with the provisions
contained in this section do not apply
to Federal subsistence users.
(20) You may not intentionally waste
or destroy any subsistence-caught fish
or shellfish; however, you may use for
bait or other purposes, whitefish,
herring, and species for which harvest
limits, seasons, or other regulatory
methods and means are not provided in
this section, as well as the head, tail,
fins, and viscera of legally taken
subsistence fish.
(21) The taking of fish from waters
within Federal jurisdiction is authorized
outside of published open seasons or
harvest limits if the harvested fish will
be used for food in traditional or
religious ceremonies that are part of
funerary or mortuary cycles, including
memorial potlatches, provided that:
(i) Prior to attempting to take fish, the
person (or designee) or Tribal
Government organizing the ceremony
contacts the appropriate Federal
fisheries manager to provide the nature
of the ceremony, the parties and/or
clans involved, the species and the
number of fish to be taken, and the
Federal waters from which the harvest
will occur;
(ii) The taking does not violate
recognized principles of fisheries
conservation, and uses the methods and
means allowable for the particular
species published in the applicable
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Federal regulations (the Federal
fisheries manager will establish the
number, species, or place of taking if
necessary for conservation purposes);
(iii) Each person who takes fish under
this section must, as soon as practical,
and not more than 15 days after the
harvest, submit a written report to the
appropriate Federal fisheries manager,
specifying the harvester’s name and
address, the number and species of fish
taken, and the date and locations of the
taking; and
(iv) No permit is required for taking
under this section; however, the
harvester must be eligible to harvest the
resource under Federal regulations.
(d) [Reserved]
(e) Fishing permits and reports. (1)
You may take salmon only under the
authority of a subsistence fishing
permit, unless a permit is specifically
not required in a particular area by the
subsistence regulations in this part, or
unless you are retaining salmon from
your commercial catch consistent with
paragraph (f) of this section.
(2) The U.S. Fish and Wildlife Service
Office of Subsistence Management may
issue a permit to harvest fish for a
qualifying cultural/educational program
to an organization that has been granted
a Federal subsistence permit for a
similar event within the previous 5
years. A qualifying program must have
instructors, enrolled students, minimum
attendance requirements, and standards
for successful completion of the course.
Applications must be submitted to the
Office of Subsistence Management 60
days prior to the earliest desired date of
harvest. Permits will be issued for no
more than 25 fish per culture/education
camp. Appeal of a rejected request can
be made to the Federal Subsistence
Board. Application for an initial permit
for a qualifying cultural/educational
program, for a permit when the
circumstances have changed
significantly, when no permit has been
issued within the previous 5 years, or
when there is a request for harvest in
excess of that provided in this
paragraph (e)(2), will be considered by
the Federal Subsistence Board.
(3) If a subsistence fishing permit is
required by this section, the following
permit conditions apply unless
otherwise specified in this section:
(i) You may not take more fish for
subsistence use than the limits set out
in the permit;
(ii) You must obtain the permit prior
to fishing;
(iii) You must have the permit in your
possession and readily available for
inspection while fishing or transporting
subsistence-taken fish;
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(iv) If specified on the permit, you
must record, prior to leaving the harvest
site, daily records of the catch, showing
the number of fish taken by species,
location and date of catch, and other
such information as may be required for
management or conservation purposes;
and
(v) If the return of catch information
necessary for management and
conservation purposes is required by a
fishing permit and you fail to comply
with such reporting requirements, you
are ineligible to receive a subsistence
permit for that activity during the
following calendar year, unless you
demonstrate that failure to report was
due to loss in the mail, accident,
sickness, or other unavoidable
circumstances. You must also return
any tags or transmitters that have been
attached to fish for management and
conservation purposes.
(f) Relation to commercial fishing
activities. (1) If you are a Federallyqualified subsistence user who also
commercial fishes, you may retain fish
for subsistence purposes from your
lawfully-taken commercial catch.
(2) When participating in a
commercial and subsistence fishery at
the same time, you may not use an
amount of combined fishing gear in
excess of that allowed under the
appropriate commercial fishing
regulations.
(g) You may not possess, transport,
give, receive, or barter subsistence-taken
fish or their parts which have been
taken contrary to Federal law or
regulation or State law or regulation
(unless superseded by regulations in
this part).
(h) [Reserved]
(i) Fishery management area
restrictions. (1) Kotzebue Area. The
Kotzebue Area includes all waters of
Alaska between the latitude of the
westernmost tip of Point Hope and the
latitude of the westernmost tip of Cape
Prince of Wales, including those waters
draining into the Chukchi Sea.
(i) You may take fish for subsistence
purposes without a permit.
(ii) You may take salmon only by
gillnets, beach seines, or a rod and reel.
(iii) In the Kotzebue District, you may
take sheefish with gillnets that are not
more than 50 fathoms in length, nor
more than 12 meshes in depth, nor have
a stretched-mesh size larger than 7
inches.
(iv) You may not obstruct more than
one-half the width of a stream, creek, or
slough with any gear used to take fish
for subsistence uses, except from May
15 to July 15 and August 15 to October
31 when taking whitefish or pike in
streams, creeks, or sloughs within the
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15579
Kobuk River drainage and from May 15
to October 31 in the Selawik River
drainage. Only one gillnet 100 feet or
less in length with a stretched-mesh size
from 21⁄2 to 41⁄2 inches may be used per
site. You must check your net at least
once in every 24-hour period.
(2) Norton Sound-Port Clarence Area.
The Norton Sound-Port Clarence Area
includes all waters of Alaska between
the latitude of the westernmost tip of
Cape Prince of Wales and the latitude of
Point Romanof, including those waters
of Alaska surrounding St. Lawrence
Island and those waters draining into
the Bering Sea.
(i) Unless otherwise restricted in this
section, you may take fish at any time
in the Port Clarence District.
(ii) In the Norton Sound District, you
may take fish at any time except as
follows:
(A) In Subdistricts 2 through 6, if you
are a commercial fishermen, you may
not fish for subsistence purposes during
the weekly closures of the State
commercial salmon fishing season,
except that from July 15 through August
1, you may take salmon for subsistence
purposes 7 days per week in the
Unalakleet and Shaktoolik River
drainages with gillnets which have a
stretched-mesh size that does not
exceed 41⁄2 inches, and with beach
seines;
(B) In the Unalakleet River from June
1 through July 15, you may take salmon
only from 8 a.m. Monday until 8 p.m.
Saturday.
(iii) You may take salmon only by
gillnets, beach seines, fish wheel, or a
rod and reel.
(iv) You may take fish other than
salmon by set gillnet, drift gillnet, beach
seine, fish wheel, pot, long line, fyke
net, jigging gear, spear, lead, or a rod
and reel.
(v) In the Unalakleet River from June
1 through July 15, you may not operate
more than 25 fathoms of gillnet in the
aggregate nor may you operate an
unanchored gillnet.
(vi) Only one subsistence fishing
permit will be issued to each household
per year.
(3) Yukon-Northern Area. The YukonNorthern 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° 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-
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Northern Area at any time. 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 § ll.27(i)(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 five 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.
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(viii) In Subdistrict 4A after the
opening of the State commercial salmon
fishing season, you may not take salmon
for subsistence for 12 hours
immediately before, during, and for 12
hours after each State commercial
salmon fishing period; however, you
may take Chinook salmon during the
State commercial fishing season, with
drift gillnet gear only, from 6 p.m.
Sunday until 6 p.m. Tuesday and from
6 p.m. Wednesday until 6 p.m. Friday.
(ix) You may not subsistence fish in
the following drainages located north of
the main Yukon River:
(A) Kanuti River upstream from a
point 5 miles downstream of the State
highway crossing;
(B) Bonanza Creek;
(C) Jim River including Prospect and
Douglas Creeks.
(x) You may not subsistence fish in
the Delta River.
(xi) In Beaver Creek downstream from
the confluence of Moose Creek, a gillnet
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 nonsalmon directed fisheries is allowed).
From the mouth of Nome Creek
downstream to the confluence of Moose
Creek, only rod and reel may be used.
From the mouth of Nome Creek
downstream to the confluence of
O’Brien Creek, the daily harvest and
possession limit is 5 grayling; from the
mouth of O’Brien Creek downstream to
the confluence of Moose Creek, the
daily harvest and possession limit is 10
grayling. The Nome Creek drainage of
Beaver Creek is closed to subsistence
fishing for grayling.
(xii) You may not subsistence fish in
the Toklat River drainage from August
15 through May 15.
(xiii) You may take salmon only by
gillnet, beach seine, fish wheel, or rod
and reel, subject to the restrictions set
forth in this section.
(xiv) In District 4, if you are a
commercial fisherman, you may not
take salmon for subsistence purposes
during the State commercial salmon
fishing season using gillnets with
stretched-mesh larger than 6-inches
after a date specified by ADF&G
emergency order issued between July 10
and July 31.
(xv) In Districts 4, 5, and 6, you may
not take salmon for subsistence
purposes by drift gillnets, except as
follows:
(A) In Subdistrict 4A upstream from
the mouth of Stink Creek, you may take
Chinook salmon by drift gillnets less
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than 150 feet in length from June 10
through July 14, and chum salmon by
drift gillnets after August 2;
(B) In Subdistrict 4A downstream
from the mouth of Stink Creek, you may
take Chinook salmon by drift gillnets
less than 150 feet in length from June 10
through July 14;
(C) In the Yukon River mainstem,
Subdistricts 4B and 4C with a Federal
subsistence fishing permit, you may
take Chinook salmon during the last 18hour period of the weekly regulatory
opening(s) by drift gillnets no more than
150 feet long and no more than 35
meshes deep, from June 10 through July
14.
(xvi) Unless otherwise specified in
this section, you may take fish other
than salmon and halibut by set gillnet,
drift gillnet, beach seine, fish wheel,
long line, fyke net, dip net, jigging gear,
spear, lead, or rod and reel, subject to
the following restrictions, which also
apply to subsistence salmon fishing:
(A) During the open weekly fishing
periods of the State commercial salmon
fishing season, if you are a commercial
fisherman, you may not operate more
than one type of gear at a time, for
commercial, personal use, and
subsistence purposes;
(B) You may not use an aggregate
length of set gillnet in excess of 150
fathoms and each drift gillnet may not
exceed 50 fathoms in length;
(C) In Districts 4, 5, and 6, you may
not set subsistence fishing gear within
200 feet of other operating commercial
use, personal use, or subsistence fishing
gear except that, at the site
approximately 1 mile upstream from
Ruby on the south bank of the Yukon
River between ADF&G regulatory
markers containing the area known
locally as the ‘‘Slide,’’ you may set
subsistence fishing gear within 200 feet
of other operating commercial or
subsistence fishing gear, and in District
4, from Old Paradise Village upstream to
a point 4 miles upstream from Anvik,
there is no minimum distance
requirement between fish wheels;
(D) During the State commercial
salmon fishing season, within the
Yukon River and the Tanana River
below the confluence of the Wood
River, you may use drift gillnets and
fish wheels only during open
subsistence salmon fishing periods;
(E) In Birch Creek, gillnet mesh size
may not exceed 3-inches stretchmeasure from June 15 through
September 15.
(xvii) In District 4, from September 21
through May 15, you may use jigging
gear from shore ice.
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(xviii) You must possess a subsistence
fishing permit for the following
locations:
(A) For the Yukon River drainage
from the mouth of Hess Creek to the
mouth of the Dall River;
(B) For the Yukon River drainage from
the upstream mouth of 22 Mile Slough
to the U.S.-Canada border;
(C) Only for salmon in the Tanana
River drainage above the mouth of the
Wood River.
(xix) Only one subsistence fishing
permit will be issued to each household
per year.
(xx) In Districts 1, 2, and 3, you may
not possess Chinook salmon taken for
subsistence purposes unless the dorsal
fin has been removed immediately after
landing.
(xxi) In the Yukon River drainage,
Chinook salmon must be used primarily
for human consumption and may not be
targeted for dog food. Dried Chinook
salmon may not be used for dog food
anywhere in the Yukon River drainage.
Whole fish unfit for human
consumption (due to disease,
deterioration, deformities), scraps, and
small fish (16 inches or less) may be fed
to dogs. Also, whole Chinook salmon
caught incidentally during a subsistence
chum salmon fishery in the following
time periods and locations may be fed
to dogs:
(A) After July 10 in the Koyukuk River
drainage;
(B) After August 10, in Subdistrict 5D,
upstream of Circle City.
(4) Kuskokwim Area. The Kuskokwim
Area consists of all waters of Alaska
between the latitude of the westernmost
point of Naskonat Peninsula and the
latitude of the southernmost tip of Cape
Newenham, including the waters of
Alaska surrounding Nunivak and St.
Matthew Islands and those waters
draining into the Bering Sea.
(i) Unless otherwise restricted in this
section, you may take fish in the
Kuskokwim Area at any time without a
subsistence fishing permit.
(ii) For the Kuskokwim area, Federal
subsistence fishing schedules, openings,
closings, and fishing methods are the
same as those issued for the subsistence
taking of fish under Alaska Statutes (AS
16.05.060), unless superseded by a
Federal Special Action.
(iii) In District 1, Kuskokuak Slough,
from June 1 through July 31 only, you
may not take salmon for 16 hours before
and during each State open commercial
salmon fishing period in the district.
(iv) In Districts 4 and 5, from June 1
through September 8, you may not take
salmon for 16 hours before or during,
and for 6 hours after each State open
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commercial salmon fishing period in
each district.
(v) In District 2, and anywhere in
tributaries that flow into the
Kuskokwim River within that district,
from June 1 through September 8 you
may not take salmon by net gear or fish
wheel for 16 hours before or during, and
for 6 hours after each open commercial
salmon fishing period in the district.
You may subsistence fish for salmon
with rod and reel 24 hours per day, 7
days per week, unless rod and reel are
specifically restricted by paragraph (i)(4)
of this section.
(vi) You may not take subsistence fish
by nets in the Goodnews River east of
a line between ADF&G regulatory
markers placed near the mouth of the
Ufigag River and an ADF&G regulatory
marker placed near the mouth of the
Tunulik River 16 hours before or during,
and for 6 hours after each State open
commercial salmon fishing period.
(vii) You may not take subsistence
fish by nets in the Kanektok River
upstream of ADF&G regulatory markers
placed near the mouth 16 hours before
or during, and for 6 hours after each
State open commercial salmon fishing
period.
(viii) You may not take subsistence
fish by nets in the Arolik River
upstream of ADF&G regulatory markers
placed near the mouth 16 hours before
or during, and for 6 hours after each
State open commercial salmon fishing
period.
(ix) You may only take salmon by
gillnet, beach seine, fish wheel, or rod
and reel subject to the restrictions set
out in this section, except that you may
also take salmon by spear in the Holitna,
Kanektok, and Arolik River drainages,
and in the drainage of Goodnews Bay.
(x) You may not use an aggregate
length of set gillnets or drift gillnets in
excess of 50 fathoms for taking salmon.
(xi) You may take fish other than
salmon by set gillnet, drift gillnet, beach
seine, fish wheel, pot, long line, fyke
net, dip net, jigging gear, spear, lead,
handline, or rod and reel.
(xii) You must attach to the bank each
subsistence gillnet operated in
tributaries of the Kuskokwim River and
fish it substantially perpendicular to the
bank and in a substantially straight line.
(xiii) Within a tributary to the
Kuskokwim River in that portion of the
Kuskokwim River drainage from the
north end of Eek Island upstream to the
mouth of the Kolmakoff River, you may
not set or operate any part of a set
gillnet within 150 feet of any part of
another set gillnet.
(xiv) The maximum depth of gillnets
is as follows:
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15581
(A) Gillnets with 6-inch or smaller
stretched-mesh may not be more than 45
meshes in depth;
(B) Gillnets with greater than 6-inch
stretched-mesh may not be more than 35
meshes in depth.
(xv) You may take halibut only by a
single handheld line with no more than
two hooks attached to it.
(xvi) 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.
(xvii) You may take rainbow trout
only in accordance with the following
restrictions:
(A) You may take rainbow trout only
by the use of gillnets, dip nets, fyke
nets, handline, spear, rod and reel, or
jigging through the ice;
(B) You may not use gillnets, dip nets,
or fyke nets for targeting rainbow trout
from March 15 through June 15;
(C) If you take rainbow trout
incidentally in other subsistence net
fisheries and through the ice, you may
retain them for subsistence purposes;
(D) There are no harvest limits with
handline, spear, rod and reel, or jigging.
(5) Bristol Bay Area. The Bristol Bay
Area includes all waters of Bristol Bay,
including drainages enclosed by a line
from Cape Newenham to Cape
Menshikof.
(i) Unless restricted in this section, or
unless under the terms of a subsistence
fishing permit, you may take fish at any
time in the Bristol Bay area.
(ii) In all State commercial salmon
districts, from May 1 through May 31
and October 1 through October 31, you
may subsistence fish for salmon only
from 9 a.m. Monday until 9 a.m. Friday.
From June 1 through September 30,
within the waters of a commercial
salmon district, you may take salmon
only during State open commercial
salmon fishing periods.
(iii) In the Egegik River from 9 a.m.
June 23 through 9 a.m. July 17, you may
take salmon only during the following
times: from 9 a.m. Tuesday to 9 a.m.
Wednesday and from 9 a.m. Saturday to
9 a.m. Sunday.
(iv) You may not take fish from waters
within 300 feet of a stream mouth used
by salmon.
(v) You may not subsistence fish with
nets in the Tazimina River and within
one-fourth mile of the terminus of those
waters during the period from
September 1 through June 14.
(vi) Within any district, you may take
salmon, herring, and capelin by drift
and set gillnets only.
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(vii) Outside the boundaries of any
district, you may take salmon by set
gillnet only, except that you may also
take salmon by spear in the Togiak
River, excluding its tributaries.
(viii) The maximum lengths for set
gillnets used to take salmon are as
follows:
(A) You may not use set gillnets
exceeding 10 fathoms in length in the
Egegik River;
(B) In the remaining waters of the
area, you may not use set gillnets
exceeding 25 fathoms in length.
(ix) You may not operate any part of
a set gillnet within 300 feet of any part
of another set gillnet.
(x) You must stake and buoy each set
gillnet. Instead of having the identifying
information on a keg or buoy attached
to the gillnet, you may plainly and
legibly inscribe your first initial, last
name, and subsistence permit number
on a sign at or near the set gillnet.
(xi) You may not operate or assist in
operating subsistence salmon net gear
while simultaneously operating or
assisting in operating commercial
salmon net gear.
(xii) During State closed commercial
herring fishing periods, you may not use
gillnets exceeding 25 fathoms in length
for the subsistence taking of herring or
capelin.
(xiii) You may take fish other than
salmon, herring, capelin, and halibut by
gear listed in this part unless restricted
under the terms of a subsistence fishing
permit.
(xiv) You may take salmon only under
authority of a subsistence fishing
permit.
(xv) Only one subsistence fishing
permit for salmon may be issued to each
household per year.
(xvi) In the Togiak River section and
the Togiak River drainage, 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.
(xvii) You may take rainbow trout
only by rod and reel or jigging gear.
Rainbow trout daily harvest and
possession limits are 2 per day/2 in
possession with no size limit from April
10 through October 31 and 5 per day/5 in
possession with no size limit from
November 1 through April 9.
(xviii) If you take rainbow trout
incidentally in other subsistence net
fisheries, or through the ice, you may
retain them for subsistence purposes.
(6) Aleutian Islands Area. The
Aleutian Islands Area includes all
waters of Alaska west of the longitude
of the tip of Cape Sarichef, east of 172°
East longitude, and south of 54°36′
North latitude.
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(i) You may take fish other than
salmon, rainbow/steelhead trout, or char
at any time unless restricted under the
terms of a subsistence fishing permit. If
you take rainbow/steelhead trout
incidentally in other subsistence net
fisheries, you may retain them for
subsistence purposes.
(ii) In the Unalaska District, you may
take salmon for subsistence purposes
from 6 a.m. until 9 p.m. from January 1
through December 31, except as may be
specified on a subsistence fishing
permit.
(iii) In the Adak, Akutan, Atka-Amlia,
and Umnak Districts, you may take
salmon at any time.
(iv) You may not subsistence fish for
salmon in the following waters:
(A) The waters of Unalaska Lake, its
tributaries and outlet stream;
(B) The waters of Summers and
Morris Lakes and their tributaries and
outlet streams;
(C) All streams supporting
anadromous fish runs that flow into
Unalaska Bay south of a line from the
northern tip of Cape Cheerful to the
northern tip of Kalekta Point;
(D) Waters of McLees Lake and its
tributaries and outlet stream;
(E) All fresh water on Adak Island and
Kagalaska Island in the Adak District.
(v) You may take salmon by seine and
gillnet, or with gear specified on a
subsistence fishing permit.
(vi) In the Unalaska District, if you
fish with a net, you must be physically
present at the net at all times when the
net is being used.
(vii) You may take fish other than
salmon by gear listed in this part unless
restricted under the terms of a
subsistence fishing permit.
(viii) You may take salmon, trout, and
char only under the terms of a
subsistence fishing permit, except that
you do not need a permit in the Akutan,
Umnak, and Atka-Amlia Islands
Districts.
(ix) You may take no more than 250
salmon for subsistence purposes unless
otherwise specified on the subsistence
fishing permit, except that in the
Unalaska and Adak Districts, you may
take no more than 25 salmon plus an
additional 25 salmon for each member
of your household listed on the permit.
You may obtain an additional permit.
(x) You must keep a record on the
reverse side of the permit of
subsistence-caught fish. You must
complete the record immediately upon
taking subsistence-caught fish and must
return it no later than October 31.
(xi) The daily harvest limit for halibut
is two fish, and the possession limit is
two daily harvest limits. You may not
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possess sport-taken and subsistencetaken halibut on the same day.
(7) Alaska Peninsula Area. The
Alaska Peninsula Area includes all
waters of Alaska on the north side of the
Alaska peninsula southwest of a line
from Cape Menshikof (57°28.34′ North
latitude, 157°55.84′ West longitude) to
Cape Newenham (58°39.00′ North
latitude, 162° West longitude) and east
of the longitude of Cape Sarichef Light
(164°55.70′ West longitude) and on the
south side of the Alaska Peninsula from
a line extending from Scotch Cape
through the easternmost tip of Ugamak
Island to a line extending 135° southeast
from Kupreanof Point (55°33.98′ North
latitude, 159°35.88′ West longitude).
(i) You may take fish, other than
salmon, rainbow/steelhead trout, or
char, at any time unless restricted under
the terms of a subsistence fishing
permit. If you take rainbow/steelhead
trout incidentally in other subsistence
net fisheries or through the ice, you may
retain them for subsistence purposes.
(ii) You may take salmon, trout, and
char only under the authority of a
subsistence fishing permit.
(iii) You must keep a record on the
reverse side of the permit of
subsistence-caught fish. You must
complete the record immediately upon
taking subsistence-caught fish and must
return it no later than October 31.
(iv) You may take salmon at any time,
except in those districts and sections
open to commercial salmon fishing
where salmon may not be taken during
the 24 hours before and 12 hours
following each State open weekly
commercial salmon fishing period, or as
may be specified on a subsistence
fishing permit.
(v) You may not subsistence fish for
salmon in the following waters:
(A) Russell Creek and Nurse Lagoon
and within 500 yards outside the mouth
of Nurse Lagoon;
(B) Trout Creek and within 500 yards
outside its mouth.
(vi) You may take salmon by seine,
gillnet, rod and reel, or with gear
specified on a subsistence fishing
permit.
(vii) You may take fish other than
salmon by gear listed in this part unless
restricted under the terms of a
subsistence fishing permit.
(viii) You may not use a set gillnet
exceeding 100 fathoms in length.
(ix) You may take halibut for
subsistence purposes only by a single
handheld line with no more than two
hooks attached.
(x) You may take no more than 250
salmon for subsistence purposes unless
otherwise specified on your subsistence
fishing permit.
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(xi) The daily harvest limit for halibut
is two fish and the possession limit is
two daily harvest limits. You may not
possess sport-taken and subsistencetaken halibut on the same day.
(8) Chignik Area. The Chignik Area
includes all waters of Alaska on the
south side of the Alaska Peninsula
bounded by a line extending 135°
southeast for 3 miles from a point near
Kilokak Rocks at 57°10.34′ North
latitude, 156°20.22′ West longitude (the
longitude of the southern entrance to
Imuya Bay) then due south, and a line
extending 135° southeast from
Kupreanof Point at 55°33.98′ North
latitude, 159°35.88′ West longitude.
(i) You may take fish other than
salmon, rainbow/steelhead trout, or char
at any time, except as may be specified
by a subsistence fishing permit. For
salmon, Federal subsistence fishing
openings, closings and fishing methods
are the same as those issued for the
subsistence taking of fish under Alaska
Statutes (AS 16.05.060), unless
superseded by a Federal Special Action.
If you take rainbow/steelhead trout
incidentally in other subsistence net
fisheries, you may retain them for
subsistence purposes.
(ii) You may not take salmon in the
Chignik River, from a point 300 feet
upstream of the ADF&G weir to Chignik
Lake from July 1 through August 31.
You may not take salmon in Black Lake
or any tributary to Black or Chignik
Lakes.
(iii) You may take salmon, trout, and
char only under the authority of a
subsistence fishing permit.
(iv) You must keep a record on your
permit of subsistence-caught fish. You
must complete the record immediately
upon taking subsistence-caught fish and
must return it no later than October 31.
(v) If you hold a commercial fishing
license, you may only subsistence fish
for salmon as specified on a State
subsistence salmon fishing permit.
(vi) You may take salmon by seines,
gillnets, rod and reel, or with gear
specified on a subsistence fishing
permit, except that in Chignik Lake, you
may not use purse seines.
(vii) You may take fish other than
salmon by gear listed in this part unless
restricted under the terms of a
subsistence fishing permit.
(viii) You may take halibut for
subsistence purposes only by a single
handheld line with no more than two
hooks attached.
(ix) You may take no more than 250
salmon for subsistence purposes unless
otherwise specified on the subsistence
fishing permit.
(x) The daily harvest limit for halibut
is two fish, and the possession limit is
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two daily harvest limits. You may not
possess sport-taken and subsistencetaken halibut on the same day.
(9) Kodiak Area. The Kodiak Area
includes all waters of Alaska south of a
line extending east from Cape Douglas
(58°51.10′ North latitude), west of 150°
West longitude, north of 55°30.00′ North
latitude, and north and east of a line
extending 135° southeast for three miles
from a point near Kilokak Rocks at
57°10.34′ North latitude, 156°20.22′
West longitude (the longitude of the
southern entrance of Imuya Bay), then
due south.
(i) You may take fish other than
salmon, rainbow/steelhead trout, char,
bottomfish, or herring at any time unless
restricted by the terms of a subsistence
fishing permit. If you take rainbow/
steelhead trout incidentally in other
subsistence net fisheries, you may retain
them for subsistence purposes.
(ii) You may take salmon for
subsistence purposes 24 hours a day
from January 1 through December 31,
with the following exceptions:
(A) From June 1 through September
15, you may not use salmon seine
vessels to take subsistence salmon for 24
hours before or during, and for 24 hours
after any State open commercial salmon
fishing period. The use of skiffs from
any type of vessel is allowed;
(B) From June 1 through September
15, you may use purse seine vessels to
take salmon only with gillnets, and you
may have no other type of salmon gear
on board the vessel.
(iii) You may not subsistence fish for
salmon in the following locations:
(A) Womens Bay closed waters—all
waters inside a line from the tip of the
Nyman Peninsula (57°43.23′ North
latitude, 152°31.51′ West longitude), to
the northeastern tip of Mary’s Island
(57°42.40′ North latitude, 152°32.00′
West longitude), to the southeastern
shore of Womens Bay at 57°41.95′ North
latitude, 152°31.50′ West longitude;
(B) Buskin River closed waters—all
waters inside of a line running from a
marker on the bluff north of the mouth
of the Buskin River at approximately
57°45.80′ North latitude, 152°28.38′
West longitude, to a point offshore at
57°45.35′ North latitude, 152°28.15′
West longitude, to a marker located
onshore south of the river mouth at
approximately 57°45.15′ North latitude,
152°28.65′ West longitude;
(C) All waters closed to commercial
salmon fishing within 100 yards of the
terminus of Selief Bay Creek;
(D) In Afognak Bay north and west of
a line from the tip of Last Point to the
tip of River Mouth Point;
(E) From August 15 through
September 30, all waters 500 yards
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15583
seaward of the terminus of Little Kitoi
Creek;
(F) All fresh water systems of Afognak
Island.
(iv) You must have a subsistence
fishing permit for taking salmon, trout,
and char for subsistence purposes. You
must have a subsistence fishing permit
for taking herring and bottomfish for
subsistence purposes during the State
commercial herring sac roe season from
April 15 through June 30.
(v) With a subsistence salmon fishing
permit you may take 25 salmon plus an
additional 25 salmon for each member
of your household whose names are
listed on the permit. You may obtain an
additional permit if you can show that
more fish are needed.
(vi) You must record on your
subsistence permit the number of
subsistence fish taken. You must
complete the record immediately upon
landing subsistence-caught fish, and
must return it by February 1 of the year
following the year the permit was
issued.
(vii) You may take fish other than
salmon and halibut by gear listed in this
part unless restricted under the terms of
a subsistence fishing permit.
(viii) You may take salmon only by
gillnet, rod and reel, or seine.
(ix) You must be physically present at
the net when the net is being fished.
(x) You may take halibut only by a
single handheld line with not more than
two hooks attached to it.
(xi) The daily harvest limit for halibut
is two fish, and the possession limit is
two daily harvest limits. You may not
possess sport-taken and subsistencetaken halibut on the same day.
(10) Cook Inlet Area. The Cook Inlet
Area includes all waters of Alaska
enclosed by a line extending east from
Cape Douglas (58°51′06″ North latitude)
and a line extending south from Cape
Fairfield (148°50′15″ West longitude).
(i) Unless restricted in this section, or
unless restricted under the terms of a
subsistence fishing permit, you may
take fish at any time in the Cook Inlet
Area. If you take rainbow/steelhead
trout incidentally in other subsistence
net fisheries, you may retain them for
subsistence purposes.
(ii) You may not take grayling or
burbot for subsistence purposes.
(iii) You may take fish by gear listed
in this part unless restricted in this
section or under the terms of a
subsistence fishing permit (as may be
modified by this section).
(iv) You may only take salmon, trout,
Dolly Varden, and other char under
authority of a Federal subsistence
fishing permit. Seasons, harvest and
possession limits, and methods and
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means for take are the same as for the
taking of those species under Alaska
sport fishing regulations (5 AAC 56).
(v) You may only take smelt with dip
nets in fresh water from April 1 through
June 15. There are no harvest or
possession limits for smelt.
(vi) Gillnets may not be used in fresh
water, except for the taking of whitefish
in the Tyone River drainage.
(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 may not
take rainbow/steelhead trout, except as
otherwise provided for in this
§ll.27(i)(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 (c)(1) of this part 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.
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(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 (ventral) fin
has been immediately removed from the
fish. You must immediately record all
retained fish on the subsistence permit.
Immediately means prior to concealing
the fish from plain view or transporting
the fish more than 50 feet from where
the fish was removed from the water.
(ix) You may take salmon in the
Upper Copper River District from May
15 through September 30 only.
(x) The total annual harvest limit for
subsistence salmon fishing permits in
combination for the Glennallen
Subdistrict and the Chitina Subdistrict
is as follows:
(A) For a household with 1 person, 30
salmon, of which no more than 5 may
be Chinook salmon taken by dip net and
no more than 5 Chinook taken by rod
and reel;
(B) For a household with 2 persons,
60 salmon, of which no more than 5
may be Chinook salmon taken by dip
net and no more than 5 Chinook taken
by rod and reel, plus 10 salmon for each
additional person in a household over 2
persons, except that the household’s
limit for Chinook salmon taken by dip
net or rod and reel does not increase;
(C) Upon request, permits for
additional salmon will be issued for no
more than a total of 200 salmon for a
permit issued to a household with 1
person, of which no more than 5 may
be Chinook salmon taken by dip net and
no more than 5 Chinook taken by rod
and reel, or no more than a total of 500
salmon for a permit issued to a
household with 2 or more persons, of
which no more than 5 may be Chinook
salmon taken by dip net and no more
than 5 Chinook taken by rod and reel.
(xi) The following apply to Upper
Copper River District subsistence
salmon fishing permits:
(A) Only one subsistence fishing
permit per subdistrict will be issued to
each household per year. If a household
has been issued permits for both
subdistricts in the same year, both
permits must be in your possession and
readily available for inspection while
fishing or transporting subsistence-taken
fish in either subdistrict. A qualified
household may also be issued a
Batzulnetas salmon fishery permit in the
same year;
(B) Multiple types of gear may be
specified on a permit, although only one
unit of gear may be operated at any one
time;
(C) You must return your permit no
later than October 31 of the year in
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Fmt 4700
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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 Section
ll.27(i)(11) and during fishing
operations;
(E) Only the permit holder and the
authorized member of the household
listed on the subsistence permit may
take salmon;
(F) You must personally operate your
fish wheel or dip net;
(G) You may not loan or transfer a
subsistence fish wheel or dip net permit
except as permitted.
(xii) If you are a fish wheel owner:
(A) You must register your fish wheel
with ADF&G or the Federal Subsistence
Board;
(B) Your registration number and a
wood, metal, or plastic plate at least 12
inches high by 12 inches wide bearing
either your name and address, or your
Alaska driver’s license number, or your
Alaska State identification card number
in letters and numerals at least 1 inch
high, must be permanently affixed and
plainly visible on the fish wheel when
the fish wheel is in the water;
(C) Only the current year’s registration
number may be affixed to the fish
wheel; you must remove any other
registration number from the fish wheel;
(D) You must check your fish wheel
at least once every 10 hours and remove
all fish;
(E) You are responsible for the fish
wheel; you must remove the fish wheel
from the water at the end of the permit
period;
(F) You may not rent, lease, or
otherwise use your fish wheel used for
subsistence fishing for personal gain.
(xiii) If you are operating a fish wheel:
(A) You may operate only one fish
wheel at any one time;
(B) You may not set or operate a fish
wheel within 75 feet of another fish
wheel;
(C) No fish wheel may have more than
two baskets;
(D) If you are a permittee other than
the owner, you must attach an
additional wood, metal, or plastic plate
at least 12 inches high by 12 inches
wide, bearing your name and address in
letters and numerals at least 1 inch high,
to the fish wheel so that the name and
address are plainly visible.
(xiv) A subsistence fishing permit
may be issued to a village council, or
other similarly qualified organization
whose members operate fish wheels for
subsistence purposes in the Upper
Copper River District, to operate fish
wheels on behalf of members of its
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village or organization. The following
additional provisions apply to
subsistence fishing permits issued
under this paragraph (i)(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 each fish wheel in a
similar manner to a fish wheel owner as
described in paragraph (i)(11)(xii) of this
section;
(B) The allowable harvest may not
exceed the combined seasonal limits for
the households listed on the permit; the
permittee will notify the ADF&G or
Federal Subsistence Board when
households are added to the list, and the
seasonal limit may be adjusted
accordingly;
(C) Members of households listed on
a permit issued to a village council or
other similarly qualified organization
are not eligible for a separate household
subsistence fishing permit for the Upper
Copper River District;
(D) The permit will include
provisions for recording daily catches
for each fish wheel; location and
number of fish wheels; full legal name
of the individual responsible for the
lawful operation of each fish wheel as
described in paragraph (i)(11)(xii) of this
section; and other information
determined to be necessary for effective
resource management.
(xv) You may take salmon in the
vicinity of the former Native village of
Batzulnetas only under the authority of
a Batzulnetas subsistence salmon
fishing permit available from the
National Park Service under the
following conditions:
(A) You may take salmon only in
those waters of the Copper River
between National Park Service
regulatory markers located near the
mouth of Tanada Creek and
approximately one-half mile
downstream from that mouth and in
Tanada Creek between National Park
Service regulatory markers identifying
the open waters of the creek;
(B) You may use only fish wheels, dip
nets, and rod and reel on the Copper
River and only dip nets, spears, fyke
nets, and rod and reel in Tanada Creek.
One fyke net and associated lead may be
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;
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(E) You must return the permit to the
National Park Service no later than
October 15;
(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 until
September 30, 7 days per week, with no
harvest or possession limits in the
following areas:
(A) Green Island, Knight Island,
Chenega Island, Bainbridge Island,
Evans Island, Elrington Island, Latouche
Island, and adjacent islands, and the
mainland waters from the outer point of
Granite Bay located in Knight Island
Passage to Cape Fairfield;
(B) Waters north of a line from
Porcupine Point to Granite Point, and
south of a line from Point Lowe to
Tongue Point.
(12) Yakutat Area. The Yakutat Area
includes all waters and drainages of
Alaska between the longitude of Cape
Suckling and the longitude of Cape
Fairweather.
(i) Unless restricted in this section or
unless restricted under the terms of a
subsistence fishing permit, you may
take fish at any time in the Yakutat
Area.
(ii) You may not take salmon during
the period commencing 48 hours before
a State opening of commercial salmon
net fishing season and ending 48 hours
after the closure. This applies to each
river or bay fishery individually.
(iii) When the length of the weekly
State commercial salmon net fishing
period exceeds two days in any Yakutat
Area salmon net fishery, the subsistence
fishing period is from 6 a.m. to 6 p.m.
on Saturday in that location.
(iv) You may take salmon, trout (other
than steelhead), and char only under
authority of a subsistence fishing
permit. You may take steelhead trout
only in the Situk and Ahrnklin Rivers
and only under authority of a Federal
subsistence fishing permit.
(v) If you take salmon, trout, or char
incidentally by gear operated under the
terms of a subsistence permit for
salmon, you may retain them for
subsistence purposes. You must report
any salmon, trout, or char taken in this
manner on your permit calendar.
(vi) You may take fish by gear listed
in this part unless restricted in this
section or under the terms of a
subsistence fishing permit. In areas
where use of rod and reel is allowed,
you may use artificial fly, lure, or bait
when fishing with rod and reel, unless
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15585
restricted by Federal permit. If you use
bait, you must retain all Federallyregulated fish species caught, and they
apply to your applicable daily and
annual harvest limits for that species.
For streams with steelhead, once your
daily or annual limit of steelhead is
harvested, you may no longer fish with
bait for any species.
(vii) In the Situk River, each
subsistence salmon fishing permit
holder shall attend his or her gillnet at
all times when it is being used to take
salmon.
(viii) You may block up to two-thirds
of a stream with a gillnet or seine used
for subsistence fishing.
(ix) You must immediately remove
both lobes of the caudal (tail) fin from
subsistence-caught salmon when taken.
(x) You may not possess subsistencetaken and sport-taken salmon on the
same day.
(xi) You must possess a subsistence
fishing permit to take Dolly Varden. The
daily harvest and possession limit is 10
Dolly Varden of any size.
(13) Southeastern Alaska Area. The
Southeastern Alaska Area includes all
waters between a line projecting
southwest from the westernmost tip of
Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or
under the terms of a subsistence fishing
permit, you may take fish other than
salmon, trout, grayling, and char in the
Southeastern Alaska Area at any time.
(ii) You must possess a subsistence
fishing permit to take salmon, trout,
grayling, or char. You must possess a
subsistence fishing permit to take
eulachon from any freshwater stream
flowing into fishing Sections 1C or 1D.
(iii) In the Southeastern Alaska Area,
a rainbow trout is defined as a fish of
the species Oncorhyncus mykiss less
than 22 inches in overall length. A
steelhead is defined as a rainbow trout
with an overall length of 22 inches or
larger.
(iv)(A) In areas where use of rod and
reel is allowed, you may use artificial
fly, lure, or bait when fishing with rod
and reel, unless restricted by Federal
permit. If you use bait, you must retain
all Federally-regulated fish species
caught, and they apply to your
applicable daily, seasonal, and annual
harvest limits for that species. For
streams with steelhead, once your daily,
seasonal, or annual limit of steelhead is
harvested, you may no longer fish with
bait for any species.
(B) Unless otherwise specified in this
§ ll.27(i)(13), allowable gear for
salmon or steelhead is restricted to gaffs,
spears, gillnets, seines, dip nets, cast
nets, handlines, or rod and reel.
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(v) Unless otherwise specified in this
§ ll.27(i)(13), you may use a handline
for snagging salmon or steelhead.
(vi) You may fish with a rod and reel
within 300 feet of a fish ladder unless
the site is otherwise posted by the
USDA Forest Service. You may not fish
from, on, or in a fish ladder.
(vii) You may accumulate annual
Federal subsistence harvest limits
authorized for the Southeastern Alaska
Area with harvest limits authorized
under State of Alaska sport fishing
regulations.
(viii) If you take salmon, trout, or char
incidentally with gear operated under
terms of a subsistence permit for other
salmon, they may be kept for
subsistence purposes. You must report
any salmon, trout, or char taken in this
manner on your subsistence fishing
permit.
(ix) No permits for the use of nets will
be issued for the salmon streams
flowing across or adjacent to the road
systems within the city limits of
Petersburg, Wrangell, and Sitka.
(x) You must immediately remove
both lobes of the caudal (tail) fin of
subsistence-caught salmon when taken.
(xi) You may not possess subsistencetaken and sport-taken salmon on the
same day.
(xii) If a harvest limit is not otherwise
listed for sockeye in this § ll.27(i)(13),
the harvest limit for sockeye salmon is
the same as provided for State
subsistence or personal use fisheries. If
a harvest limit is not established for the
State subsistence or personal use
fisheries, the possession limit is 10
sockeye and the annual harvest limit is
20 sockeye per household for that
stream.
(xiii) For the Salmon Bay Lake
system, the daily harvest and season
limit per household is 30 sockeye
salmon.
(xiv) For Virginia Lake (Mill Creek),
the daily harvest limit per household is
20 sockeye salmon, and the season limit
per household is 40 sockeye salmon.
(xv) For Thoms Creek, the daily
harvest limit per household is 20
sockeye salmon, and the season limit
per household is 40 sockeye salmon.
(xvi) The Sarkar River system above
the bridge is closed to the use of all nets
by both Federally-qualified and nonFederally qualified users.
(xvii) Only Federally-qualified
subsistence users may harvest sockeye
salmon in streams draining into Falls
Lake Bay, Gut Bay, or Bay of Pillars. In
the Falls Lake Bay and Gut Bay
drainages, the possession limit is 10
sockeye salmon per household.
(xviii) From July 7 through July 31,
you may take sockeye salmon in the
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waters of the Klawock River and
Klawock Lake only from 8 a.m. Monday
until 5 p.m. Friday.
(xix) You may take Chinook, sockeye,
and coho salmon in the mainstem of the
Stikine River only under the authority
of a Federal subsistence fishing permit.
Each Stikine River permit will be issued
to a household and will be valid for 15
days. Permits may be revalidated for
additional 15-day periods. Only dip
nets, spears, gaffs, rod and reel, beach
seine, or gillnets not exceeding 15
fathoms in length may be used. The
maximum gillnet mesh size is 51⁄2inches, except during the Chinook
season when the maximum gillnet mesh
size is 8 inches.
(A) You may take Chinook salmon
from May 15 through June 20. The
annual limit is 5 Chinook salmon per
household.
(B) You may take sockeye salmon
from June 21 through July 31. The
annual limit is 40 sockeye salmon per
household.
(C) You may take coho salmon from
August 15 through October 1. The
annual limit is 20 coho salmon per
household.
(D) You may retain other salmon
taken incidentally by gear operated
under terms of this permit. The
incidentally taken salmon must be
reported on your permit calendar.
(E) The total annual guideline harvest
level for the Stikine River fishery is 125
Chinook, 600 sockeye, and 400 coho
salmon. All salmon harvested, including
incidentally taken salmon, will count
against the guideline for that species.
(xx) You may take coho salmon under
the terms of a subsistence fishing
permit, except in the Stikine and Taku
Rivers. There is no closed season. The
daily harvest limit is 20 coho salmon
per household. Only dip nets, spears,
gaffs, handlines, and rod and reel may
be used.
(xxi) Unless noted on a Federal
subsistence harvest permit, there are no
harvest limits for pink or chum salmon.
(xxii) Unless otherwise specified in
this § ll.27(i)(13), you may take
steelhead under the terms of a
subsistence fishing permit. The open
season is January 1 through May 31. The
daily household harvest and possession
limit is one with an annual household
limit of two. You may only use a dip
net, gaff, handline, spear, or rod and
reel. The permit conditions and systems
to receive special protection will be
determined by the local Federal
fisheries manager in consultation with
ADF&G.
(xxiii) You may take steelhead trout
on Prince of Wales and Kosciusko
Islands under the terms of Federal
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subsistence fishing permits. You must
obtain a separate permit for the winter
and spring seasons.
(A) The winter season is December 1
through the last day of February, with
a harvest limit of 2 fish per household.
You may use only a dip net, handline,
spear, or rod and reel. The winter
season may be closed when the harvest
level cap of 100 steelhead for Prince of
Wales/Kosciusko Islands has been
reached. You must return your winter
season permit within 15 days of the
close of the season and before receiving
another permit for a Prince of Wales/
Kosciusko steelhead subsistence fishery.
The permit conditions and systems to
receive special protection will be
determined by the local Federal
fisheries manager in consultation with
ADF&G.
(B) The spring season is March 1
through May 31, with a harvest limit of
5 fish per household. You may use only
a dip net, handline, spear, or rod and
reel. The spring season may be closed
prior to May 31 if the harvest quota of
600 fish minus the number of steelhead
harvested in the winter subsistence
steelhead fishery is reached. You must
return your spring season permit within
15 days of the close of the season and
before receiving another permit for a
Prince of Wales/Kosciusko steelhead
subsistence fishery. The permit
conditions and systems to receive
special protection will be determined by
the local Federal fisheries manager in
consultation with ADF&G.
(xxiv) In addition to the requirement
for a Federal subsistence fishing permit,
the following restrictions for the harvest
of Dolly Varden, brook trout, grayling,
cutthroat, and rainbow trout apply:
(A) The daily household harvest and
possession limit is 20 Dolly Varden;
there is no closed season or size limit;
(B) The daily household harvest and
possession limit is 20 brook trout; there
is no closed season or size limit;
(C) The daily household harvest and
possession limit is 20 grayling; there is
no closed season or size limit;
(D) The daily household harvest limit
is 6 and the household possession limit
is 12 cutthroat or rainbow trout in
combination; there is no closed season
or size limit;
(E) You may only use a rod and reel;
(F) The permit conditions and
systems to receive special protection
will be determined by the local Federal
fisheries manager in consultation with
ADF&G.
§ ll.28
Subsistence taking of shellfish.
(a) Regulations in this section apply to
subsistence taking of Dungeness crab,
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king crab, Tanner crab, shrimp, clams,
abalone, and other shellfish or their
parts.
(b) [Reserved]
(c) You may take shellfish for
subsistence uses at any time in any area
of the public lands by any method
unless restricted by this section.
(d) Methods, means, and general
restrictions. (1) The harvest limit
specified in this section for a
subsistence season for a species and the
State harvest limit set for a State season
for the same species are not cumulative.
This means that if you have taken the
harvest limit for a particular species
under a subsistence season specified in
this section, you may not, after that, take
any additional shellfish of that species
under any other harvest limit specified
for a State season.
(2) Unless otherwise provided in this
section or under terms of a required
subsistence fishing permit (as may be
modified by this section), you may use
the following legal types of gear to take
shellfish:
(i) Abalone iron;
(ii) Diving gear;
(iii) A grappling hook;
(iv) A handline;
(v) A hydraulic clam digger;
(vi) A mechanical clam digger;
(vii) A pot;
(viii) A ring net;
(ix) A scallop dredge;
(x) A sea urchin rake;
(xi) A shovel; and
(xii) A trawl.
(3) You are prohibited from buying or
selling subsistence-taken shellfish, their
parts, or their eggs, unless otherwise
specified.
(4) You may not use explosives and
chemicals, except that you may use
chemical baits or lures to attract
shellfish.
(5) Marking requirements for
subsistence shellfish gear are as follows:
(i) You must plainly and legibly
inscribe your first initial, last name, and
address on a keg or buoy attached to
unattended subsistence fishing gear,
except when fishing through the ice,
when you may substitute for the keg or
buoy a stake inscribed with your first
initial, last name, and address inserted
in the ice near the hole; subsistence
fishing gear may not display a
permanent ADF&G vessel license
number;
(ii) Kegs or buoys attached to
subsistence crab pots also must be
inscribed with the name or United
States Coast Guard number of the vessel
used to operate the pots.
(6) Pots used for subsistence fishing
must comply with the escape
mechanism requirements found in
§ ll.27(c)(2).
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(7) You may not mutilate or otherwise
disfigure a crab in any manner which
would prevent determination of the
minimum size restrictions until the crab
has been processed or prepared for
consumption.
(e) Taking shellfish by designated
harvest permit. (1) Any species of
shellfish that may be taken by
subsistence fishing under this part may
be taken under a designated harvest
permit.
(2) If you are a Federally-qualified
subsistence user (beneficiary), you may
designate another Federally-qualified
subsistence user to take shellfish on
your behalf. The designated fisherman
must obtain a designated harvest permit
prior to attempting to harvest shellfish
and must return a completed harvest
report. The designated fisherman may
harvest for any number of beneficiaries
but may have no more than two harvest
limits in his/her possession at any one
time.
(3) The designated fisherman must
have in possession a valid designated
harvest permit when taking, attempting
to take, or transporting shellfish taken
under this section, on behalf of a
beneficiary.
(4) You may not fish with more than
one legal limit of gear as established by
this section.
(5) You may not designate more than
one person to take or attempt to take
shellfish on your behalf at one time.
You may not personally take or attempt
to take shellfish at the same time that a
designated fisherman is taking or
attempting to take shellfish on your
behalf.
(f) If a subsistence shellfishing permit
is required by this section, the following
conditions apply unless otherwise
specified by the subsistence regulations
in this section:
(1) You may not take shellfish for
subsistence in excess of the limits set
out in the permit unless a different limit
is specified in this section;
(2) You must obtain a permit prior to
subsistence fishing;
(3) You must have the permit in your
possession and readily available for
inspection while taking or transporting
the species for which the permit is
issued;
(4) The permit may designate the
species and numbers of shellfish to be
harvested, time and area of fishing, the
type and amount of fishing gear and
other conditions necessary for
management or conservation purposes;
(5) If specified on the permit, you
must keep accurate daily records of the
catch involved, showing the number of
shellfish taken by species, location and
date of the catch, and such other
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15587
information as may be required for
management or conservation purposes;
(6) You must complete and submit
subsistence fishing reports at the time
specified for each particular area and
fishery;
(7) If the return of catch information
necessary for management and
conservation purposes is required by a
subsistence fishing permit and you fail
to comply with such reporting
requirements, you are ineligible to
receive a subsistence permit for that
activity during the following calendar
year, unless you demonstrate that
failure to report was due to loss in the
mail, accident, sickness, or other
unavoidable circumstances.
(g) Subsistence take by commercial
vessels. No fishing vessel which is
commercially licensed and registered
for shrimp pot, shrimp trawl, king crab,
Tanner crab, or Dungeness crab fishing
may be used for subsistence take during
the period starting 14 days before an
opening and ending 14 days after the
closure of a respective open season in
the area or areas for which the vessel is
registered. However, if you are a
commercial fisherman, you may retain
shellfish for your own use from your
lawfully taken commercial catch.
(h) You may not take or possess
shellfish smaller than the minimum
legal size limits.
(i) Unlawful possession of subsistence
shellfish. You may not possess,
transport, give, receive, or barter
shellfish or their parts taken in violation
of Federal or State regulations.
(j)(1) An owner, operator, or employee
of a lodge, charter vessel, or other
enterprise that furnishes food, lodging,
or guide services may not furnish to a
client or guest of that enterprise,
shellfish that has been taken under this
section, unless:
(i) The shellfish has been taken with
gear deployed and retrieved by the
client or guest who is a Federallyqualified subsistence user;
(ii) The gear has been marked with the
client’s or guest’s name and address;
and
(iii) The shellfish is to be consumed
by the client or guest or is consumed in
the presence of the client or guest.
(2) The captain and crewmembers of
a charter vessel may not deploy, set, or
retrieve their own gear in a subsistence
shellfish fishery when that vessel is
being chartered.
(k) Subsistence shellfish areas and
pertinent restrictions. (1) Southeastern
Alaska-Yakutat Area. No marine waters
are currently identified under Federal
subsistence management jurisdiction.
(2) Prince William Sound Area. No
marine waters are currently identified
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under Federal subsistence management
jurisdiction.
(3) Cook Inlet Area. (i) You may take
shellfish for subsistence purposes only
as allowed in this section (k)(3).
(ii) You may not take king crab,
Dungeness crab, or shrimp for
subsistence purposes.
(iii) In the subsistence taking of
Tanner crab:
(A) Male Tanner crab may be taken
only from July 15 through March 15;
(B) The daily harvest and possession
limit is 5 male Tanner crabs;
(C) Only male Tanner crabs 51⁄2
inches or greater in width of shell may
be taken or possessed;
(D) No more than 2 pots per person,
regardless of type, with a maximum of
2 pots per vessel, regardless of type,
may be used to take Tanner crab.
(iv) In the subsistence taking of clams:
(A) The daily harvest and possession
limit for littleneck clams is 1,000 and
the minimum size is 1.5 inches in
length;
(B) The daily harvest and possession
limit for butter clams is 700 and the
minimum size is 2.5 inches in length.
(v) Other than as specified in this
section, there are no harvest, possession,
or size limits for other shellfish, and the
season is open all year.
(4) Kodiak Area. (i) You may take crab
for subsistence purposes only under the
authority of a subsistence crab fishing
permit issued by the ADF&G.
(ii) The operator of a commercially
licensed and registered shrimp fishing
vessel must obtain a subsistence fishing
permit from the ADF&G before
subsistence shrimp fishing during a
State closed commercial shrimp fishing
season or within a closed commercial
shrimp fishing district, section, or
subsection. The permit must specify the
area and the date the vessel operator
intends to fish. No more than 500
pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(iii) The daily harvest and possession
limit is 12 male Dungeness crabs per
person; only male Dungeness crabs with
a shell width of 61⁄2 inches or greater
may be taken or possessed. Taking of
Dungeness crab is prohibited in water
25 fathoms or more in depth during the
14 days immediately before the State
opening of a commercial king or Tanner
crab fishing season in the location.
(iv) In the subsistence taking of king
crab:
(A) The annual limit is six crabs per
household; only male king crab with
shell width of 7 inches or greater may
be taken or possessed;
(B) All crab pots used for subsistence
fishing and left in saltwater unattended
longer than a 2-week period must have
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all bait and bait containers removed and
all doors secured fully open;
(C) You may only use one crab pot,
which may be of any size, to take king
crab;
(D) You may take king crab only from
June 1 through January 31, except that
the subsistence taking of king crab is
prohibited in waters 25 fathoms or
greater in depth during the period 14
days before and 14 days after State open
commercial fishing seasons for red king
crab, blue king crab, or Tanner crab in
the location;
(E) The waters of the Pacific Ocean
enclosed by the boundaries of Womens
Bay, Gibson Cove, and an area defined
by a line 1⁄2 mile on either side of the
mouth of the Karluk River, and
extending seaward 3,000 feet, and all
waters within 1,500 feet seaward of the
shoreline of Afognak Island are closed
to the harvest of king crab except by
Federally-qualified subsistence users.
(v) In the subsistence taking of Tanner
crab:
(A) You may not use more than five
crab pots to take Tanner crab;
(B) You may not take Tanner crab in
waters 25 fathoms or greater in depth
during the 14 days immediately before
the opening of a State commercial king
or Tanner crab fishing season in the
location;
(C) The daily harvest and possession
limit per person is 12 male crabs with
a shell width 51⁄2 inches or greater.
(5) Alaska Peninsula-Aleutian Islands
Area. (i) The operator of a commercially
licensed and registered shrimp fishing
vessel must obtain a subsistence fishing
permit from the ADF&G prior to
subsistence shrimp fishing during a
closed State commercial shrimp fishing
season or within a closed commercial
shrimp fishing district, section, or
subsection; the permit must specify the
area and the date the vessel operator
intends to fish; no more than 500
pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(ii) The daily harvest and possession
limit is 12 male Dungeness crabs per
person; only crabs with a shell width of
51⁄2 inches or greater may be taken or
possessed.
(iii) In the subsistence taking of king
crab:
(A) The daily harvest and possession
limit is six male crabs per person; only
crabs with a shell width of 61⁄2 inches
or greater may be taken or possessed;
(B) All crab pots used for subsistence
fishing and left in saltwater unattended
longer than a 2-week period must have
all bait and bait containers removed and
all doors secured fully open;
(C) You may take crabs only from June
1 through January 31.
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(iv) The daily harvest and possession
limit is 12 male Tanner crabs per
person; only crabs with a shell width of
51⁄2 inches or greater may be taken or
possessed.
(6) Bering Sea Area. (i) In that portion
of the area north of the latitude of Cape
Newenham, shellfish may only be taken
by shovel, jigging gear, pots, and ring
net.
(ii) The operator of a commercially
licensed and registered shrimp fishing
vessel must obtain a subsistence fishing
permit from the ADF&G prior to
subsistence shrimp fishing during a
closed commercial shrimp fishing
season or within a closed commercial
shrimp fishing district, section, or
subsection; the permit must specify the
area and the date the vessel operator
intends to fish; no more than 500
pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(iii) In waters south of 60° North
latitude, the daily harvest and
possession limit is 12 male Dungeness
crabs per person.
(iv) In the subsistence taking of king
crab:
(A) In waters south of 60° North
latitude, the daily harvest and
possession limit is six male crabs per
person;
(B) All crab pots used for subsistence
fishing and left in saltwater unattended
longer than a 2-week period must have
all bait and bait containers removed and
all doors secured fully open;
(C) In waters south of 60° North
latitude, you may take crab only from
June 1 through January 31;
(D) In the Norton Sound Section of
the Northern District, you must have a
subsistence permit.
(v) In waters south of 60° North
latitude, the daily harvest and
possession limit is 12 male Tanner
crabs.
Dated: February 6, 2006.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: February 9, 2006.
Steve Kessler,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. 06–2847 Filed 3–28–06; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
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]]>Agencies
[Federal Register Volume 71, Number 60 (Wednesday, March 29, 2006)]
[Rules and Regulations]
[Pages 15569-15588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2847]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AU05
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--2006-07 Subsistence Taking of Fish and
Shellfish Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes regulations for seasons, harvest
limits, methods, and means related to taking of fish and shellfish for
subsistence uses during the 2006-07 regulatory year. The rulemaking is
necessary because Subpart D is subject to an annual public review
cycle. This rulemaking replaces the fish and shellfish taking
regulations included in the ``Subsistence Management Regulations for
Public Lands in Alaska, Subpart C and Subpart D--2005-06 Subsistence
Taking of Fish and Wildlife Regulations,'' which expire on March 31,
2006. This rule also amends the Customary and Traditional Use
Determinations of the Federal Subsistence Board (Section ----.24 of
Subpart C).
DATES: Sections ----.24(a)(2) and (3) are effective April 1, 2006.
Sections ----.27 and ----.28 are effective April 1, 2006, through March
31, 2007.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Steve Kessler, Regional
Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907)
786-3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands, unless the State of Alaska enacts
and implements laws of general applicability that are consistent with
ANILCA and that provide for the subsistence definition, preference, and
participation specified in Sections 803, 804, and 805 of ANILCA. In
1978, the State implemented a program that the Department of the
Interior found to be consistent with ANILCA. However, in December 1989,
the Alaska Supreme Court ruled in McDowell v. State of Alaska that the
rural preference in the State subsistence statute violated the Alaska
Constitution. The Court's ruling in McDowell required the State to
delete the rural preference from the subsistence statute and,
therefore, negated State compliance with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture (Departments) assumed, on
July 1, 1990, responsibility for implementation of Title VIII of ANILCA
on public lands. On June 29, 1990, the Temporary Subsistence Management
Regulations for Public Lands in Alaska were published in the Federal
Register (55 FR 27114). On January 8, 1999 (64 FR 1276), the
Departments extended jurisdiction to include waters in which there
exists a Federal reserved water right. This amended rule conformed the
Federal Subsistence Management Program to the Ninth Circuit's ruling in
Alaska v. Babbitt. Consistent with Subparts A, B, and C of these
regulations, as revised May 7, 2002 (67 FR 30559), the Departments
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board's composition includes a
Chair appointed by the Secretary of the Interior with concurrence of
the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish
and Wildlife Service; the Alaska Regional Director, U.S. National Park
Service; the Alaska State Director, U.S. Bureau of Land Management; the
Alaska Regional Director, U.S. Bureau of Indian Affairs; and the Alaska
Regional Forester, USDA Forest Service. Through the Board, these
agencies participated in the development of regulations for Subparts A,
B, and C, and the annual Subpart D regulations.
All Board members have reviewed this rule and agree with its
substance. Because this rule relates to public lands managed by
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.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless otherwise amended) of the Subsistence
Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to
100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this
rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR
242.4 apply to regulations found in this subpart.
Federal Subsistence Regional Advisory Councils
Pursuant to the Record of Decision, Subsistence Management
Regulations for Federal Public Lands in Alaska, April 6, 1992, and the
Subsistence Management Regulations for Federal Public Lands in Alaska,
36 CFR 242.11 and 242.22 (2002) and 50 CFR 100.11 and 100.22 (2002),
and for the purposes
[[Page 15570]]
identified therein, we divide Alaska into 10 subsistence resource
regions, each of which is represented by a Federal Subsistence Regional
Advisory Council (Regional Council). The Regional Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to exercise a meaningful role in the
subsistence management of fish and wildlife on Alaska public lands. The
Regional Council members represent varied geographical, cultural, and
user diversity within each region.
The Regional Councils had a substantial role in reviewing the
proposed rule (70 FR 1216, January 6, 2005) and making recommendations
for this final rule. Moreover, the Council Chairs, or their designated
representatives, presented their Council's recommendations at the Board
meeting of January 10-13, 2006. Transcripts from this series of
meetings are available at https://alaska.fws.gov/asm/index.cfm.
Summary of Changes
Section ----.24 (Customary and traditional use determinations) was
originally published in the Federal Register (57 FR 22940) on May 29,
1992. Since that time, the Board has made a number of Customary and
Traditional Use Determinations at the request of impacted subsistence
users. Those modifications, along with some administrative corrections,
were last published in the Federal Register on January 6, 2005 (70 FR
1216). During its January 10-13, 2006, meeting, the Board made new
determinations in addition to various annual season and harvest limit
changes. The public has had extensive opportunity to review and comment
on all changes. Additional details on the recent Board modifications
are contained below in Analysis of Proposals Adopted by the Board.
Subpart D regulations are subject to an annual cycle and require
development of an entire new rule each year. Customary and traditional
use determinations are also subject to an annual review process
providing for modification each year. We published proposed Subpart D
regulations for the 2006-07 seasons, harvest limits, and methods and
means on January 6, 2005, in the Federal Register (70 FR 1216). A 45-
day comment period providing for public review of the proposed rule and
calling for proposals was advertised by mail, radio, and newspaper.
During that period, the Regional Councils met and, in addition to other
Regional Council business, received suggestions for proposals from the
public. The Board received a total of 34 proposals for changes to
Customary and Traditional Use Determinations or to Subpart D.
Subsequent to the review period, the Board prepared a booklet
describing the proposals and distributed it to the public. The public
had an additional 30 days in which to comment on the proposals for
changes to the regulations. The 10 Regional Councils then met again,
received public comments, and formulated their recommendations to the
Board on proposals for their respective regions. Four of the proposals
were not considered, being deferred for Board consideration in a future
cycle. These final regulations reflect Board review and consideration
of Regional Council recommendations and public comments on the
remaining proposals.
Analysis of Proposals Rejected by the Board
The Board rejected, tabled, or took no action on 14 proposals. With
three exceptions, all of these actions were based on recommendations
from at least one Regional Council.
The Board rejected one proposal requesting revisions to the
subsistence fishing schedule for the Yukon River. The Board rejected
this proposal because the current fishing schedule is a result of a
coordinated effort by users and government bodies to distribute harvest
across the run so as to not overly impact a specific stock, to rebuild
depressed salmon stocks, and for the long-term benefit of all users.
Additionally, in-season managers already have the authority to modify
the schedule when run strength is adequate to allow additional harvest
or restrict it when run strength is very weak.
The Board rejected one proposal that requested restrictions to the
depth of gill nets used by all fishermen in the Yukon River. The Board
rejected this proposal but stated its commitment to work with other
interests to resolve issues raised in and during the discussion of this
proposal.
The Board took no action on one proposal that requested a revised
customary and traditional use determination in the Prince William Sound
Fishery Management Area, because a similar proposal adopted with
modification by the Board rendered this proposal moot.
The Board rejected one proposal that would have established a fly
fishing zone on the Eyak River. The Board rejected this proposal as
unnecessary and noted that the in-season manager has the authority to
institute restrictive permit conditions if deemed appropriate for
resource conservation.
Contrary to the recommendation of the Regional Council, the Board
rejected one proposal that requested restrictions on the harvest
methods used by subsistence fishermen in a portion of the Prince
William Sound Fishery Management Area. The Board rejected this proposal
as unnecessarily restrictive for subsistence users.
Contrary to the recommendation of the Regional Council, the Board
rejected a proposal that requested restrictions on the harvest limits
for subsistence fishermen in a portion of the Prince William Sound
Fishery Management Area. The Board rejected this proposal as an
unnecessary restriction on subsistence users.
The Board took no action on one proposal that requested a
restriction on the use of fish wheels in the Upper Copper River
District, because a similar proposal adopted by the Board rendered this
proposal moot.
The Board tabled one proposal that requested a revised customary
and traditional use determination in the Southeastern Alaska Fishery
Management Area, because the Regional Council will be presenting a more
comprehensive proposal for the area in the upcoming regulatory cycle.
The Board took no action on one proposal that requested revising
the season start date for harvesting sockeye salmon in the Stikine
River, because a similar proposal adopted by the Board rendered this
proposal moot.
Contrary to the recommendation of the Regional Council, the Board
rejected a proposal that requested allowing subsistence harvested pink
salmon to be used as bait in any fishery, including the commercial
fishery occurring off of Federal public waters. The Board rejected this
proposal as an unwarranted expansion of its authority into a State-
managed fishery.
The Board rejected four proposals that would have placed additional
harvest restrictions on steelhead in southeast Alaska. These proposals
were rejected because the Board believes that proper safeguards are
already in place to protect steelhead populations, and the proposals
would have placed unnecessary restrictions on subsistence users.
Analysis of Proposals Adopted by the Board
The Board adopted 16 proposals. A number of proposals dealing with
the same issue were dealt with as a package. Some proposals were
adopted as submitted and others were adopted with modifications
suggested by the respective Regional Council or developed during the
Board's public deliberations.
[[Page 15571]]
All of the adopted proposals were recommended for adoption by at
least one of the Regional Councils and were based on meeting customary
and traditional uses, conforming with harvest practices, or protecting
fish populations. Detailed information relating to justification for
the action on each proposal may be found in the Board meeting
transcripts, available for review at the Office of Subsistence
Management, 3601 C Street, Suite 1030, Anchorage, Alaska, or on the
Office of Subsistence Management Web site (https://alaska.fws.gov/asm/
index.cfm). Additional technical clarifications and removal of excess
or duplicative text have been made, which result in a more readable
document.
In the final rule, we deleted the reference to net fishing between
Cape Douglas and Rocky Point in Sec. ----.27(i)(2) because that area
is not within jurisdiction as identified in Sec. ----.3(b). When
questions of jurisdiction are brought to our attention, we immediately
review the issue and make any appropriate modifications to our
regulations as we have done here. In addition, we revised the
regulations pertaining to specific management areas as follows:
Statewide Proposal
The Board adopted one proposal affecting all rural residents and
areas of the State, which will result in a change to the regulations
found in Sec. ----.25 that will be published the next time (June 2006)
that section is published in the Federal Register.
Permitted the sale of handicrafts made by rural Alaskans
from the nonedible byproducts (including, but not limited to skin,
shell, fins, and bones) of subsistence-harvested fish or shellfish.
Yukon-Northern Fishery Management Area
The Board adopted one proposal affecting residents of the Yukon-
Northern Fishery Management Area, resulting in the following change to
the regulations found in Sec. ----.24.
Revised the customary and traditional use determination
for freshwater fish (other than salmon) in the Tanana River drainage.
Kuskokwim Fishery Management Area
The Board adopted one proposal affecting residents of the Kuskokwim
Fishery Management Area, resulting in the following change to the
regulations found in Sec. ----.27.
Removed in a portion of the Area the fishing time
restrictions before and after commercial salmon openings.
Alaska Peninsula Fishery Management Area
The Board adopted one proposal affecting residents of the Alaska
Peninsula Fishery Management Area, resulting in the following change to
the regulations found in Sec. ----.27.
Reduced the area closed to subsistence fishing when there
are commercial salmon openings nearby.
Chignik Fishery Management Area
The Board adopted two proposals affecting residents of the Chignik
Fishery Management Area, resulting in the following changes to the
regulations found in Sec. ----.27.
Reduced the restrictions to subsistence fishing when there
are commercial salmon openings nearby.
Opened additional areas in the Chignik River to
subsistence fishing.
Cook Inlet Fishery Management Area
The Board adopted one proposal, resulting in the following change
to the regulations found in Sec. ----.24.
Established a customary and traditional use determination
for all fish species for residents of specific rural communities on the
Kenai Peninsula and a determination for salmon on the west side of Cook
Inlet.
Prince William Sound Fishery Management Area
The Board adopted four proposals affecting residents of the Prince
William Sound Fishery Management Area, resulting in the following
changes to the regulations found in Sec. Sec. ----.24 or ----.27.
Revised the customary and traditional use determination
for freshwater fish in the southern portion of the Prince William Sound
Area.
Allowed for the accumulation of Federal harvest limits
with State sport fishing limits in a portion of the area.
Required that fish wheels in the Upper Copper River
District be checked and fish removed at least once every 10 hours.
Allowed the use of a fyke net in Tanada Creek upstream of
the National Park Service weir.
Yakutat Fishery Management Area
The Board adopted two proposals for the Southeastern Alaska Fishery
Management Area that also affected residents of the Yakutat Fishery
Management Area, resulting in the following change to the regulations
found in Sec. ----.27.
Allowed the use of bait in subsistence rod and reel
fisheries.
Revised the marking requirements for subsistence-taken
salmon.
Southeastern Alaska Fishery Management Area
The Board adopted three proposals affecting residents of the
Southeastern Alaska Fishery Management Area, resulting in the following
changes to the regulations found in Sec. ----.27.
Allowed the use of bait in subsistence rod and reel
fisheries.
Aligned harvest limits for sockeye salmon in the Bay of
Pillars drainage with State harvest limits.
Revised the marking requirements for subsistence-taken
salmon.
Additionally, the Board adopted two proposals affecting residents
of the Southeastern Alaska Fishery Management Area, resulting in the
following changes to the regulations found in Sec. ----.27, that will
be implemented following consultation with the Transboundary Panel and
the Pacific Salmon Commission.
Relaxed the gillnet mesh size restrictions during the
Chinook salmon season on the Stikine River.
Changed the start date of the sockeye salmon season on the
Stikine River.
Administrative Procedure Act Compliance
The Board finds that additional public notice under the
Administrative Procedure Act (APA) for this final rule is unnecessary
and contrary to the public interest. The Board has provided extensive
opportunity for public input and involvement in excess of standard APA
requirements, including participation in multiple Regional Council
meetings, additional public review and comment on all proposals for
regulatory change, and opportunity for additional public comment during
the Board meeting prior to deliberation. Additionally, an
administrative mechanism exists (and has been used by the public) to
request reconsideration of the Board's decision on any particular
proposal for regulatory change. Over the 15 years the Program has been
operating, no benefit to the public has been demonstrated by delaying
the effective date of regulations. A lapse in regulatory control could
seriously affect the continued viability of fish and shellfish
populations, adversely impact 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) to make this rule effective less than 30 days after publication.
[[Page 15572]]
Conformance with Statutory and Regulatory Authorities
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) for developing a
Federal Subsistence Management Program was distributed for public
comment on October 7, 1991. That document described the major issues
associated with Federal subsistence management as identified through
public meetings, written comments, and staff analysis and examined the
environmental consequences of four alternatives. Proposed regulations
(Subparts A, B, and C) that would implement the preferred alternative
were included in the DEIS as an appendix. The DEIS and the proposed
administrative regulations presented a framework for an annual
regulatory cycle regarding subsistence hunting and fishing regulations
(Subpart D). The Final Environmental Impact Statement (FEIS) was
published on February 28, 1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the Federal Subsistence Board and the
Department of the Interior's Subsistence Policy Group, the Secretary of
the Interior, with the concurrence of the Secretary of Agriculture,
through the U.S. Department of Agriculture-Forest Service, implemented
Alternative IV as identified in the DEIS and FEIS (Record of Decision
on Subsistence Management for Federal Public Lands in Alaska (ROD),
signed April 6, 1992). The DEIS and the selected alternative in the
FEIS defined the administrative framework of an annual regulatory cycle
for subsistence hunting and fishing regulations. The final rule for
Subsistence Management Regulations for Public Lands in Alaska, Subparts
A, B, and C (57 FR 22940, published May 29, 1992; amended January 8,
1999, 64 FR 1276; June 12, 2001, 66 FR 31533; May 7, 2002, 67 FR 30559;
April 30, 2003, 68 FR 23035; October 14, 2004, 68 FR 60957; and
December 27, 2005, 70 FR 76400) implemented the Federal Subsistence
Management Program and included a framework for an annual cycle for
subsistence hunting and fishing regulations.
An environmental assessment was prepared in 1997 on the expansion
of Federal jurisdiction over fisheries and is available from the office
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the
Interior, with the concurrence of the Secretary of Agriculture,
determined that the expansion of Federal jurisdiction did not
constitute a major Federal action significantly affecting the human
environment and has therefore signed a Finding of No Significant
Impact.
Compliance with Section 810 of ANILCA
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. A Section 810 analysis was completed as part of the FEIS
process. The final Section 810 analysis determination appeared in the
April 6, 1992, ROD, which concluded that the Federal Subsistence
Management Program may have some local impacts on subsistence uses, but
the program is not likely to significantly restrict subsistence uses.
Paperwork Reduction Act
The information collection requirements contained in this rule have
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and assigned
OMB control number 1018-0075, which expires August 31, 2006. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information request unless it displays a currently valid
OMB control number.
Other Requirements
Regulatory Planning and Review (Executive Order 12866)--In
accordance with the criteria in Executive Order 12866, this rule is not
a significant regulatory action subject to OMB review. OMB makes this
determination. This action will not have an annual economic effect of
$100 million or adversely affect any economic sector, productivity,
competition, jobs, the environment, or other units of government.
Therefore, a cost-benefit and economic analysis is not required. This
action will not create inconsistencies with other agencies' actions or
otherwise interfere with an action taken or planned by another agency.
This action will not materially affect entitlements, grants, user fees,
loan programs, or the rights and obligations of their recipients. This
action will not raise novel legal or policy issues.
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 economic effect on a substantial number of small entities,
which include small businesses, organizations, or governmental
jurisdictions. The Departments have determined 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.
This rulemaking will impose no significant costs on small entities;
the exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant positive economic effect on a number of
small entities, such as tackle, boat, and gasoline dealers. The number
of small entities affected is unknown; however, the fact that the
positive effects will be seasonal in nature and will, in most cases,
merely continue preexisting uses of public lands indicates that the
effects will not be significant.
In general, the resources harvested under this rule will be
consumed by the local harvester and do not result in a dollar benefit
to the economy. However, we estimate that about 26.2 million pounds of
fish (including about 9 million pounds of salmon) are harvested by the
local subsistence users annually and, if based on a replacement value
of $3.00 per pound, would equate to $78.6 million in food value
Statewide.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence preference 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.
The Service has determined and certifies 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 no cost is involved to any State or local
entities or Tribal governments.
The Service has determined that these final regulations meet the
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive
Order 12988 (Civil Justice Reform).
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. Title VIII of ANILCA precludes the State from
exercising management authority over wildlife resources on Federal
lands.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations
[[Page 15573]]
with Native American Tribal Governments'' (59 FR 22951), 512 DM 2, and
E.O. 13175, we have evaluated possible effects on Federally recognized
Indian tribes and have determined that there are no effects. The Bureau
of Indian Affairs is a participating agency in this rulemaking.
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As this rule is not a
significant regulatory action under Executive Order 13211, affecting
energy supply, distribution, or use, this action is not a significant
action and no Statement of Energy Effects is required.
Drafting Information
William Knauer drafted these regulations under the guidance of
Thomas H. Boyd, of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Dennis Tol, Alaska State Office, Bureau of Land Management; Rod
Simmons, Alaska Regional Office, U.S. Fish and Wildlife Service; Nancy
Swanton, Alaska Regional Office, National Park Service; Dr. Glenn Chen,
Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler,
USDA-Forest Service, provided additional guidance.
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.
0
For the reasons set out in the preamble, the Federal Subsistence Board
amends Title 36, part 242, and Title 50, part 100, of the Code of
Federal Regulations, as set forth below.
PART ------SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart C--Board Determinations
0
2. In Subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. Sec. --
--.24(a)(2) and (3) are revised to read as follows:
Sec. ----.24 Customary and traditional use determinations.
(a) * * *
(2) Fish determinations. The following communities and areas have
been found to have a positive customary and traditional use
determination in the listed area for the indicated species:
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
KOTZEBUE AREA............... All fish............ Residents of the
Kotzebue Area.
NORTON SOUND--PORT CLARENCE
AREA:
Norton Sound--Port Clarence All fish............ Residents of
Area, waters draining into Stebbins, St.
Norton Sound between Point Michael, and
Romanof and Canal Point. Kotlik.
Norton Sound--Port Clarence All fish............ Residents of the
Area, remainder. Norton Sound-Port
Clarence Area.
YUKON-NORTHERN AREA:
Yukon River drainage.... Salmon, other than Residents of the
fall chum salmon. Yukon River
drainage and the
community of
Stebbins.
Yukon River drainage.... Fall chum salmon.... Residents of the
Yukon River
drainage and the
communities of
Stebbins, Scammon
Bay, Hooper Bay,
and Chevak.
Yukon River drainage.... Freshwater fish Residents of the
(other than salmon). Yukon-Northern
Area.
Remainder of the Yukon- All fish............ Residents of the
Northern Area. Yukon-Northern
Area, excluding the
residents of the
Yukon River
drainage and
excluding those
domiciled in Unit
26B.
Tanana River drainage Freshwater fish Residents of the
contained within the (other than salmon). Yukon-Northern Area
Tetlin NWR and the and residents of
Wrangell-St. Elias NPP. Mentasta Lake,
Chistochina, Slana,
and all residents
living between
Mentasta Lake and
Chistochina.
KUSKOKWIM AREA.............. Salmon.............. Residents of the
Kuskokwim Area,
except those
persons residing on
the United States
military
installations
located on Cape
Newenham,
Sparrevohn USAFB,
and Tatalina USAFB.
Rainbow trout....... Residents of the
communities of
Akiachak, Akiak,
Aniak, Atmautluak,
Bethel,
Chuathbaluk,
Crooked Creek, Eek,
Goodnews Bay,
Kasigluk, Kwethluk,
Lower Kalskag,
Napakiak,
Napaskiak,
Nunapitchuk,
Oscarville,
Platinum,
Quinhagak,
Tuluksak,
Tuntutuliak, and
Upper Kalskag.
Pacific cod......... Residents of the
communities of
Chevak, Newtok,
Tununak, Toksook
Bay, Nightmute,
Chefornak, Kipnuk,
Mekoryuk,
Kwigillingok,
Kongiganak, Eek,
and Tuntutuliak.
[[Page 15574]]
All other fish other Residents of the
than herring. Kuskokwim Area,
except those
persons residing on
the United States
military
installation
located on Cape
Newenham,
Sparrevohn USAFB,
and Tatalina USAFB.
Waters around Nunivak Island Herring and herring Residents within 20
roe. miles of the coast
between the
westernmost tip of
the Naskonat
Peninsula and the
terminus of the
Ishowik River and
on Nunivak Island.
BRISTOL BAY AREA:
Nushagak District, Salmon and Residents of the
including drainages freshwater fish. Nushagak District
flowing into the and freshwater
district. drainages flowing
into the district.
Naknek-Kvichak District-- Salmon and Residents of the
Naknek River drainage. freshwater fish. Naknek and Kvichak
River drainages.
Naknek-Kvichak District-- Salmon and Residents of the
Kvichak/Iliamma Lake freshwater fish. Kvichak/Iliamna-
Clark drainage. Lake Clark
drainage.
Togiak District, Salmon and Residents of the
including drainages freshwater fish. Togiak District,
flowing into the freshwater
district. drainages flowing
into the district,
and the community
of Manokotak.
Egegik District, Salmon and Residents of South
including drainages freshwater fish. Naknek, the Egegik
flowing into the District and
district. freshwater
drainages flowing
into the district.
Ugashik District, Salmon and
including drainages freshwater fish.
flowing into the
district.
Togiak District......... Herring spawn on....
ALEUTIAN ISLANDS AREA....... All fish............ Residents of the
Aleutian Islands
Area and the
Pribilof Islands.
ALASKA PENINSULA AREA....... Halibut............. Residents of the
Alaska Peninsula
Area and the
communities of
Ivanof Bay and
Perryville.
All other fish in Residents of the
the Alaska Alaska Peninsula
Peninsula Area. Area.
CHIGNIK AREA................ Halibut, salmon and Residents of the
fish other than Chignik Area.
rainbow/steelhead
trout.
KODIAK AREA--except the Salmon.............. Residents of the
Mainland District, all Kodiak Island
waters along the south side Borough, except
of the Alaska Peninsula those residing on
bounded by the latitude of the Kodiak Coast
Cape Douglas (58[deg]51.10' Guard Base.
North latitude) mid-stream
Shelikof Strait, north and
east of the longitude of
the southern entrance of
Imuya Bay near Kilokak
Rocks (57[deg]10.34' North
latitude, 156[deg]20.22'
West longitude).
Kodiak Area................. Fish other than Residents of the
rainbow/steelhead Kodiak Area.
trout and salmon.
COOK INLET AREA:
Kenai Peninsula All fish............ Residents of the
District--Waters north communities of Hope
of and including the and Cooper Landing.
Kenai River drainage
within the Kenai
National Wildlife
Refuge and the Chugach
National Forest.
Waters within the All fish............ Residents of the
Kasilof River drainage community of
within the Kenai NWR. Ninilchik.
Waters within Lake Clark Salmon.............. Residents of the
National Park draining Tuxedni Bay area.
into and including that
portion of Tuxedni Bay
within the park.
Cook Inlet Area......... Fish other than Residents of the
salmon, Dolly Cook Inlet Area.
Varden, trout,
char, grayling and
burbot.
PRINCE WILLIAM SOUND AREA:
Southwestern District Salmon.............. Residents of the
and Green Island. Southwestern
District, which is
mainland waters
from the outer
point on the north
shore of Granite
Bay to Cape
Fairfield, and
Knight Island,
Chenega Island,
Bainbridge Island,
Evans Island,
Elrington Island,
Latouche Island and
adjacent islands.
North of a line from Salmon.............. Residents of the
Porcupine Point to villages of
Granite Point, and Tatitlek and
south of a line from Ellamar.
Point Lowe to Tongue
Point.
[[Page 15575]]
Copper River drainage Freshwater fish..... Residents of
upstream from Haley Cantwell, Chisana,
Creek. Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy, Mentasta
Lake, Nabesna,
Northway, Slana,
Tanacross, Tazlina,
Tetlin, Tok,
Tonsina, and those
individuals that
live along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nabesna
Road.
Gulkana National Wild Freshwater fish..... Residents of
and Scenic River. Cantwell, Chisana,
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy, Mentasta
Lake, Nabesna,
Northway, Paxson-
Sourdough, Slana,
Tanacross, Tazlina,
Tetlin, Tok,
Tonsina, and those
individuals that
live along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nabesna
Road.
Waters of the Prince Freshwater fish Residents of the
William Sound Area, (trout, char, Prince William
except for the Copper whitefish, suckers, Sound Area, except
River drainage upstream grayling, and those living in the
of Haley Creek. burbot). Copper River
drainage upstream
of Haley Creek.
Chitna Subdistrict of Salmon.............. Residents of
the Upper Copper River Cantwell,
District. Chickaloon,
Chisana,
Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction,
Glennallen,
Gulkana, Healy
Lake, Kenny Lake,
Lower Tonsina,
McCarthy, Mentasta
Lake, Nabesna,
Northway, Paxson-
Sourdough, Slana,
Tanacross, Tazlina,
Tetlin, Tok,
Tonsina, and those
individuals that
live along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nabesna
Road.
Glennallen Subdistrict Salmon.............. Residents of the
of the Upper Copper Prince William
River District. Sound Area and
residents of
Cantwell,
Chickaloon,
Chisana, Dot Lake,
Healy Lake,
Northway,
Tanacross, Tetlin,
Tok, and those
individuals living
along the Alaska
Highway from the
Alaskan/Canadian
border to Dot Lake,
along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nebesna
Road.
Waters of the Copper Salmon.............. Residents of
River between National Mentasta Lake and
Park Service regulatory Dot Lake.
markers located near
the mouth of Tanada
Creek, and in Tanada
Creek between National
Park Service regulatory
markers identifying the
open waters of the
creek.
Remainder of the Prince Salmon.............. Residents of the
William Sound Area. Prince William
Sound Area.
Waters of the Bering Eulachon............ Residents of
River area from Point Cordova.
Martin to Cape Suckling.
Waters of the Copper Eulachon............ Residents of
River Delta from the Cordova, Chenega
Eyak River to Point Bay, and Tatitlek.
Martin.
YAKUTAT AREA:
Fresh water upstream Salmon.............. Residents of the
from the terminus of area east of
streams and rivers of Yakutat Bay,
the Yakutat Area from including the
the Doame River to the islands within
Tsiu River. Yakutat Bay, west
of the Situk River
drainage, and south
of and including
Knight Island.
Fresh water upstream Dolly Varden, Residents of the
from the terminus of steelhead trout, area east of
streams and rivers of and smelt. Yakutat Bay,
the Yakutat Area from including the
the Doame River to islands within
Point Manby.. Yakutat Bay, west
of the Situk River
drainage, and south
of and including
Knight Island.
Remainder of the Yakutat Dolly Varden, trout, Residents of
Area. smelt, and eulachon. Southeastern Alaska
and Yakutat Areas.
SOUTHEASTERN ALASKA AREA:
District 1--Section 1E Salmon, Dolly Residents of the
in waters of the Naha Varden, trout, City of Saxman.
River and Roosevelt smelt, and eulachon.
Lagoon.
District 1--Section 1F Salmon, Dolly Residents of the
in Boca de Quadra in Varden, trout, and City of Saxman.
waters of Sockeye Creek smelt, and eulachon.
and Hugh Smith Lake
within 500 yards of the
terminus of Sockeye
Creek.
[[Page 15576]]
Districts 2, 3, and 5 Salmon, Dolly Residents living
and waters draining Varden, trout, south of Sumner
into those Districts. smelt, and eulachon. Strait and west of
Clarence Strait and
Kashevaroff
Passage.
District 5--North of a Salmon, Dolly Residents of the
line from Point Barrie Varden, trout, City of Kake and in
to Boulder Point. smelt, and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 6 and waters Salmon, Dolly Residents living
draining into that Varden, trout, south of Sumner
District. smelt, and eulachon. Strait and
Kashevaroff
Passage; residents
of drainages
flowing into
District 6 north of
the latitude of
Point Alexander
(Mitkof Island);
residents of
drainages flowing
into Districts 7 &
8, including the
communities of
Petersburg &
Wrangell; and
residents of the
communities of
Meyers Chuck and
Kake.
District 7 and waters Salmon, Dolly Residents of
draining into that Varden, trout, drainage flowing
District. smelt, and eulachon. into District 6
north of the
latitude of Point
Alexander (Mitkof
Island); residents
of drainages
flowing into
Districts 7 & 8,
including the
communities of
Petersburg &
Wrangell; and
residents of the
communities of
Meyers Chuck and
Kake.
District 8 and waters Salmon, Dolly Residents of
draining into that Varden, trout, drainages flowing
District. smelt, and eulachon. into Districts 7 &
8, residents of
drainages flowing
into District 6
north of the
latitude of Point
Alexander (Mitkof
Island), and
residents of Meyers
Chuck.
District 9--Section 9A.. Salmon, Dolly Residents of the
Varden, trout, City of Kake and in
smelt, and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 9--Section 9B Salmon, Dolly Residents of the
north of the latitude Varden, trout, City of Kake and in
of Swain Point. smelt, and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
harbor.
District 10--West of a Salmon, Dolly Residents of the
line from Pinta Point Varden, trout, City of Kake and in
to False Point Pybus. smelt, and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 12--South of a Salmon, Dolly Residents of the
line from Fishery Point Varden, trout, City of Angoon and
to south Passage Point smelt, and eulachon. along the western
and north of the shore of Admiralty
latitude of Point Island north of the
Caution. latitude of Sand
Island, south of
the latitude of
Thayer Creek, and
west of 134[deg]30'
West longitude,
including Killisnoo
Island.
District 13--Section 13A Salmon, Dolly Residents of the
south of the latitude Varden, trout, City and Borough of
of Cape Edward. smelt, and eulachon. Sitka in drainages
that empty into
Section 13B north
of the latitude of
Dorothy Narrows.
District 13--Section 13B Salmon, Dolly Residents of the
northof the latitude of Varden, trout, City and Borough of
Redfish Cape. smelt, and eulachon. Sitka in drainages
that empty into
Section 13B north
of the latitude of
Dorothy Narrows.
District 13--Section 13C Salmon, Dolly Residents of the
Varden, trout, City and Borough of
smelt, and eulachon. Sitka in drainages
that empty into
Section 13B north
of the latitude of
Dorothy Narrows.
District 13--Section 13C Salmon, Dolly Residents of the
east of the longitude Varden, trout, City of Angoon and
of Point Elizabeth. smelt, and eulachon. along the western
shore of of
Admiralty Island
north of the
latitude of Sand
Island, south of
the latitude of
Thayer Creek, and
west of 134[deg]30'
West longitude,
including Killisnoo
Island.
District 14--Section 14B Salmon, Dolly Residents of the
and 14C. Varden, trout, City of Hoonah and
smelt, and eulachon. in Chichagof Island
drainages on the
eastern shore of
Port Frederick from
Gartina Creek to
Point Sophia.
Remainder of the Salmon, Dolly Residents of
Southeastern Alaska Varden, trout, Southeastern Alaska
Area. smelt, and eulachon. and Yakutat Areas.
------------------------------------------------------------------------
(3) Shellfish determinations. The following communities and areas
have been found to have a positive customary and traditional use
determination in the listed area for the indicated species:
[[Page 15577]]
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
BERING SEA AREA............. All shellfish....... Residents of the
Bering Sea Area.
ALASKA PENINSULA--ALEUTIAN Shrimp, Dungeness, Residents of the
ISLANDS AREA. king, and Tanner Alaska Penninsula-
crab. Aleutian Island
Area.
KODIAK AREA................. Shrimp, Dungeness, Residents of Kodiak
and Tanner crab. Area.
Kodiak Area, except for the King crab........... Residents of the
Semidi Island, the North Kodiak Island
Mainland, and the South
