Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2007-08 Subsistence Taking of Fish and Shellfish Regulations, 12676-12694 [07-1166]

Download as PDF 12676 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 RIN 1018–AU57 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2007–08 Subsistence Taking of Fish and Shellfish Regulations Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. 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 2007–08 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—2006–07 Subsistence Taking of Fish and Wildlife Regulations,’’ which expire on March 31, 2007. This rule also amends the Customary and Traditional Use Determinations of the Federal Subsistence Board (§ ll.24 of subpart C). DATES: Sections ll.24(a)(2) and (3) are effective April 1, 2007. Sections ll.27 and ll.28 are effective April 1, 2007, through March 31, 2008. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of Subsistence Management; (907) 786– 3888. 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: sroberts on PROD1PC70 with RULES 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 VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 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. PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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 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 76010, December 22, 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 9–11, 2007. 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 March 29, 2006 (71 FR 15569). During its January 9–11, 2007, 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 E:\FR\FM\16MRR2.SGM 16MRR2 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations sroberts on PROD1PC70 with RULES 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 2007–08 seasons, harvest limits, and methods and means on December 22, 2005, in the Federal Register (70 FR 76010). 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 26 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. Nine of the proposals were not considered, being deferred for Board consideration in a future cycle. One proposal was withdrawn by the originator. 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 11 proposals. All of the actions to reject or take no action were based on recommendations from at least one Regional Council. The Board rejected one proposal requesting opening the Lower Copper River to a dip net and rod and reel subsistence salmon fishery. The Board rejected this proposal at the request of the Southcentral Regional Advisory Council because although there is not a biological concern, all public testimony from rural subsistence users opposes this proposal as unnecessary to the satisfaction of subsistence needs. The Board rejected one proposal that requested storage restrictions for fish wheels on the Copper River. The Board rejected this proposal as unnecessarily restrictive for subsistence users. VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 The Board rejected one proposal that requested placement restrictions for fish wheels on the Copper River. The Board rejected this proposal as unnecessarily restrictive for subsistence users because it would cause them unnecessary hardship. The Board deferred for 1 year a proposal that would have closed the herring fishery in the Makhnati Island area in order to allow the formation of a working group to further review the implications and issues related to this very complex fishery. The Board rejected one proposal that requested more stringent reporting requirements for steelhead in the Sitka area. The Board rejected this proposal as unnecessarily restrictive for subsistence users. The Board rejected four other proposals that would have placed additional harvest restrictions on steelhead in the Sitka area. 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 five 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. 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. When questions of jurisdiction are brought to our attention, we immediately review the issue and make any appropriate modifications to our regulations. In addition, we revised the regulations pertaining to specific management areas as follows: PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 12677 Bristol Bay Fishery Management Area The Board adopted three proposals affecting residents of the Bristol Bay Alaska Fishery Management Area, resulting in the following changes to the regulations found in § ll.27. • Provided for the take of salmon by drift gillnet in the lower 2 miles of the Togiak River. Marking of salmon taken by drift gillnet is required. • Allowed the take of salmon without a permit in Lake Clark and its tributaries by snagging (by handline or rod and reel), spear, bow and arrow, or capturing by bare hand. • Allowed the take of salmon by beach seines not exceeding 25 fathoms in Lake Clark, excluding its tributaries. Cook Inlet Fishery Management Area During a public work session on November 17, 2006, the Board made changes to the customary and traditional use determination for the community of Ninilchik, recognizing its historical use of the Kenai River drainage and northern portion of the Kenai Peninsula. This action resulted from a request for reconsideration of a Board action on a proposal acted on during the Board’s January 10–13, 2006, meeting and was effective November 17, 2006. Southeastern Alaska Fishery Management Area 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 .24 and ll .27. • Revised the customary and traditional use determination for Districts 12, 13, and 14 in the Southeast Alaska Fishery Management Area. • Aligned Federal harvest limits for sockeye salmon in most of southeast Alaska with the existing State subsistence or personal use fishery. During a public work session on November 17, 2006, the Board made changes to the customary and traditional use determination for the community of Gustavus, recognizing its historical use of District 14, Sections 14B and 14C. This action resulted from a request for reconsideration of a Board action on a proposal acted on during the Board’s January 10–13, 2006, meeting. Board action on another proposal at its January 9–10, 2007, meeting has since superseded the November 17, 2006 action. Administrative Procedure Act Compliance The Board finds that additional public notice under the Administrative E:\FR\FM\16MRR2.SGM 16MRR2 12678 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 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. sroberts on PROD1PC70 with RULES 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 VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 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 October 31, 2009. We may not conduct or sponsor, and you are not required to respond to, a collection of PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 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 E:\FR\FM\16MRR2.SGM 16MRR2 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 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 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 significant direct 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 Peter J. Probasco, of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Chuck Ardizzone, Alaska State Office, Bureau of Land Management; Jerry Berg, 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 12679 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. I 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 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 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. 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 ....................................................... sroberts on PROD1PC70 with RULES Yukon River drainage ........................................ Salmon ................................................ VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\16MRR2.SGM 16MRR2 12680 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations Area Species Determination 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. Residents of the communities of Chevak, Newtok, Tununak, Toksook Bay, Nightmute, Chefornak, Kipnuk, Mekoryuk, Kwigillingok, Kongiganak, Eek, and Tuntutuliak. 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. Pacific cod .......................................... 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/Iliamna-Lake Clark drainage. Togiak District, including drainages flowing into the district. Herring and herring roe ...................... Salmon and freshwater fish ................ Salmon and freshwater fish ................ Salmon and freshwater fish ................ Salmon and freshwater fish ................ Egegik District, including drainages flowing into the district. Salmon and freshwater fish ................ Ugashik District, including drainages flowing into the district. Togiak District .................................................... Salmon and freshwater fish ................ Aleutian Islands Area ............................................... All 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) mid-stream 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 ....................................................... sroberts on PROD1PC70 with RULES Cook Inlet Area: Kenai Peninsula District—Waters north of and includng the Kenai River drainage within the Kenai National Wildlife Refuge an 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—Remainder ............................ Prince William Sound Area: Southwestern District and Green Island ........... VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 PO 00000 Herring spawn on kelp ........................ 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. Residents of the Ugashik District and freshwater drainages flowing into the district. Residents of the Togiak District and freshwater drainages flowing into the district. 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, Cooper Landing, and Ninilchik. 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. Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\16MRR2.SGM 16MRR2 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations Area Species 12681 Determination Salmon ................................................ Residents of the villages of Tatitlek and Ellamar. 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. Chitina 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, 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, except those living in the Copper River drainage upstream of Haley Creek. Residents of Cantwell, Chickaloon, Chisana, Christochina, 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 and residents of Cantwell, Chickaloon, Chisana, Dot Lake, Healy Lake, Northway, Tanacross, Tetlin, Tok, and those individuals living along the Alaska Highway from the Alaskan/Canadian border to Dot Lake, along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Residents of Mentasta Lake and Dot Lake. Salmon ................................................ Eulachon ............................................. Residents of the Prince William Sound Area. 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 ........................ sroberts on PROD1PC70 with RULES North of a line from Porcupine Point to Granite Point, and south of a line from Point Lowe to Tongue Point. Copper River drainage upstream from Haley Creek. Dolly Varden, 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. Districts 2, 3, and 5 and waters draining into those Districts. VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 PO 00000 Salmon ................................................ trout, smelt, and Salmon, Dolly Varden, trout, smelt, and eulachon. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents of the City of Saxman. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents living south of Sumner Strait and west of Clarence Strait and Kashevaroff Passage. Frm 00007 Fmt 4701 Sfmt 4700 Residents of the City of Saxman. E:\FR\FM\16MRR2.SGM 16MRR2 12682 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations Species Determination 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 12—Section 12A, excluding the area south of a line from Fishery Point to South Passage Point Section 12B. District 13—Section 13A, south of the latitude of Cape Edward. All fish ................................................. 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 living south of Sumner Strait and west of Clarence Strait and Kashevaroff Passage; residents of drainages flowing into District 6 north of the latitude of Point Alexander (Mitkof Island); residents of drainages flowing into Districts 7 & 8, including the communities of Petersburg & Wrangell; and residents of the communities of Meyers Chuck and Kake. 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 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 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 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 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 drainages flowing into Districts 12 and 14. District 13—Section 13A, excluding the area south of the latitude of Cape Edward. District 13—Section 13B north of the latitude of Redfish Cape. All fish ................................................. 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 .......................................................... All fish ................................................. Remainder of the Southeastern Alaska Area ... sroberts on PROD1PC70 with RULES Area Dolly Varden, eulachon. (3) Shellfish determinations. The following communities and areas have been found to have a positive customary Salmon, Dolly Varden, trout, smelt, and eulachon. Salmon, Dolly Varden, trout, smelt, and eulachon. trout, smelt, and Residents of the City and Borough of Sitka in drainages that empty into Section 13B north of the latitude of Dorothy Narrows. Residents of drainages flowing into Sections 13A, 13B, and District 14. 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 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 drainages flowing into Sections 12A, 13A, and District 14. Residents of Southeastern Alaska and Yakutat Areas. and traditional use determination in the listed area for the indicated species: Area Species Bering Sea Area ....................................................... All shellfish .......................................... VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 Determination Residents of the Bering Sea Area. E:\FR\FM\16MRR2.SGM 16MRR2 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 12683 Area Species Determination Alaska Peninsula-Aleutian Islands Area .................. Shrimp Dungeness, and Tanner crab 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 ...................................... Shrimp, Dungeness, and Tanner crab King crab ............................................ Residents of the Alaska Peninsula-Aleutian Islands Area. Residents of the Kodiak Area. Residents of the Kodiak Island Borough, except those residents on the Kodiak Coast Guard base. 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 .......................................................... * * * * * Subpart D—Subsistance Taking of Fish and Wildlife 3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, §§ ll.27 and ll.28 are added effective April 1, 2007, through March 31, 2008, to read as follows: I sroberts on PROD1PC70 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; VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 Shellfish .............................................. Shrimp, clams, Dungeness, king, and Tanner crab. Residents of Tuxedni Bay, Chisik Island, and Tyonek. 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. Residents of the Southeast Area. Residents of the Southeast Area. (vi) Troll gear; (vii) A fish wheel; (viii) A trawl; (ix) A pot; (x) A longline; (xi) A fyke net; (xii) A lead; (xiii) A herring pound; (xiv) A dip net; (xv) Jigging gear; (xvi) A mechanical jigging machine; (xvii) A handline; (xviii) A cast net; (xix) A rod and reel; and (xx) A spear. (2) You must include an escape mechanism on all pots used to take fish or shellfish. The escape mechanisms are as follows: (i) A sidewall, which may include the tunnel, of all shellfish and bottomfish pots must contain an opening equal to or exceeding 18 inches in length, except that in shrimp pots the opening must be a minimum of 6 inches in length. The opening must be laced, sewn, or secured together by a single length of untreated, 100 percent cotton twine, no larger than 30 thread. The cotton twine may be knotted at each end only. The opening must be within 6 inches of the bottom of the pot and must be parallel with it. The cotton twine may not be tied or looped around the web bars. Dungeness crab pots may have the pot lid tie-down straps secured to the pot at one end by a single loop of untreated, 100 percent cotton twine no larger than 60 thread, or the pot lid must be secured so that, when the twine degrades, the lid will no longer be securely closed; (ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish and bottomfish pots may, instead of complying with paragraph (c)(2)(i) of PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 this section, satisfy the following: a sidewall, which may include the tunnel, must contain an opening at least 18 inches in length, except that shrimp pots must contain an opening at least 6 inches in length. The opening must be laced, sewn, or secured together by a single length of treated or untreated twine, no larger than 36 thread. A galvanic timed-release device, designed to release in no more than 30 days in saltwater, must be integral to the length of twine so that, when the device releases, the twine will no longer secure or obstruct the opening of the pot. The twine may be knotted only at each end and at the attachment points on the galvanic timed-release device. The opening must be within 6 inches of the bottom of the pot and must be parallel with it. The twine may not be tied or looped around the web bars. (3) For subsistence fishing for salmon, you may not use a gillnet exceeding 50 fathoms in length, unless otherwise specified in this section. The gillnet web must contain at least 30 filaments of equal diameter or at least 6 filaments, each of which must be at least 0.20 millimeter in diameter. (4) Except as otherwise provided for in this section, you may not obstruct more than one-half the width of any stream with any gear used to take fish for subsistence uses. (5) You may not use live nonindigenous fish as bait. (6) You must have your first initial, last name, and address plainly and legibly inscribed on the side of your fish wheel facing midstream of the river. (7) You may use kegs or buoys of any color but red on any permitted gear, except in the following areas where kegs E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES 12684 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 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 VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 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 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 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 E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 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; VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 (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 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 12685 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- E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES 12686 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 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. VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 (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 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 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. E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations (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 VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 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 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: PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 12687 (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 set gillnets only. E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES 12688 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations (vii) Outside the boundaries of any district, unless otherwise specified, you may take salmon by set gillnet only. (A) You may also take salmon by spear in the Togiak River, excluding its tributaries. (B) You may also use drift gillnets not greater than 10 fathoms in length to take salmon in the Togiak River in the first two river miles upstream from the mouth of the Togiak River to the ADF&G regulatory markers. (C) You may also take salmon without a permit in Lake Clark and its tributaries by snagging (by handline or rod and reel), using a spear, bow and arrow, or capturing by bare hand. (D) You may also take salmon by beach seines not exceeding 25 fathoms in length in Lake Clark, excluding its tributaries. (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: (A) You may not possess coho salmon taken under the authority of a subsistence fishing permit unless both lobes of the caudal fin (tail) or the dorsal fin have been removed. (B) You may not possess salmon taken with a drift gillnet under the authority VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 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. (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, PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 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 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; E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations (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. (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 VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 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 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 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 12689 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 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°51.1′ North latitude) E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES 12690 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations and a line extending south from Cape Fairfield (148°50.25′ 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 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 make 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 VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 subsistence purposes, unless restricted in this section. (iv) In the Copper River drainage, you may take salmon only in the waters of the Upper Copper River District, or in the vicinity of the Native Village of Batzulnetas. (v) In the Upper Copper River District, you may take salmon only by fish wheels, rod and reel, or dip nets. (vi) Rainbow/steelhead trout and other freshwater fish caught incidentally to salmon by fish wheel in the Upper Copper River District may be retained. (vii) Freshwater fish other than rainbow/steelhead trout caught incidentally to salmon by dip net in the Upper Copper River District may be retained. Rainbow/steelhead trout caught incidentally to salmon by dip net in the Upper Copper River District must be released unharmed to the water. (viii) You may not possess salmon taken under the authority of an Upper Copper River District subsistence fishing permit, or rainbow/steelhead trout caught incidentally to salmon by fish wheel, unless the anal (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 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 salmon taken by dip net and no more than 5 Chinook taken by rod and reel. (xi) The following apply to Upper Copper River District subsistence salmon fishing permits: (A) Only one subsistence fishing permit per subdistrict will be issued to each household per year. If a household has been issued permits for both subdistricts in the same year, both permits must be in your possession and readily available for inspection while fishing or transporting subsistence-taken fish in either subdistrict. A qualified household may also be issued a Batzulnetas salmon fishery permit in the same year; (B) Multiple types of gear may be specified on a permit, although only one unit of gear may be operated at any one time; (C) You must return your permit no later than October 31 of the year in which the permit is issued, or you may be denied a permit for the following year; (D) A fish wheel may be operated only by one permit holder at one time; that permit holder must have the fish wheel marked as required by 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. E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations (xiii) If you are operating a fish wheel: (A) You may operate only one fish wheel at any one time; (B) You may not set or operate a fish wheel within 75 feet of another fish wheel; (C) No fish wheel may have more than two baskets; (D) If you are a permittee other than the owner, you must attach an additional wood, metal, or plastic plate at least 12 inches high by 12 inches wide, bearing your name and address in letters and numerals at least 1 inch high, to the fish wheel so that the name and address are plainly visible. (xiv) A subsistence fishing permit may be issued to a village council, or other similarly qualified organization whose members operate fish wheels for subsistence purposes in the Upper Copper River District, to operate fish wheels on behalf of members of its village or organization. The following additional provisions apply to subsistence fishing permits issued under this paragraph (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 VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 regulatory markers located near the mouth of Tanada Creek and approximately one-half mile downstream from that mouth and in Tanada Creek between National Park Service regulatory markers identifying the open waters of the creek; (B) You may use only fish wheels, dip nets, and rod and reel on the Copper River and only dip nets, spears, fyke nets, and rod and reel in Tanada Creek. One fyke net and associated lead may be used in Tanada Creek upstream of the National Park Service weir; (C) You may take salmon only from May 15 through September 30 or until the season is closed by special action; (D) You may retain Chinook salmon taken in a fish wheel in the Copper River. You must return to the water unharmed any Chinook salmon caught in Tanada Creek; (E) You must return the permit to the National Park Service no later than October 15; (F) You may only use a fyke net after consultation with the in-season manager. You must be present when the fyke net is actively fishing. You may take no more than 1,000 sockeye salmon in Tanada Creek with a fyke net; (xvi) You may take pink salmon for subsistence purposes from fresh water with a dip net from May 15 through September 30, 7 days per week, with no harvest or possession limits in the following areas: (A) Green Island, Knight Island, Chenega Island, Bainbridge Island, Evans Island, Elrington Island, Latouche Island, and adjacent islands, and the mainland waters from the outer point of Granite Bay located in Knight Island Passage to Cape Fairfield; (B) Waters north of a line from Porcupine Point to Granite Point, and south of a line from Point Lowe to Tongue Point. (12) Yakutat Area. The Yakutat Area includes all waters and drainages of Alaska between the longitude of Cape Suckling and the longitude of Cape Fairweather. (i) Unless restricted in this section or unless restricted under the terms of a subsistence fishing permit, you may take fish at any time in the Yakutat Area. (ii) You may 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 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 12691 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 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 E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES 12692 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 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. (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 in adjacent State subsistence or personal use fisheries. If a harvest limit is not established for the State subsistence or personal use fisheries, the possession limit is 10 sockeye and the annual harvest limit is 20 sockeye per household for that stream. (xiii) [Reserved]. (xiv) [Reserved]. (xv) [Reserved]. VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 (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. (xviii) From July 7 through July 31, you may take sockeye salmon in the 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 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 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 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; E:\FR\FM\16MRR2.SGM 16MRR2 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations (F) The permit conditions and systems to receive special protection will be determined by the local Federal fisheries manager in consultation with ADF&G. sroberts on PROD1PC70 with RULES § ll.28 Subsistence taking of shellfish. (a) Regulations in this section apply to subsistence taking of Dungeness crab, 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; VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 (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). (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 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 12693 harvested, time and area of fishing, the type and amount of fishing gear and other conditions necessary for management or conservation purposes; (5) If specified on the permit, you must keep accurate daily records of the catch involved, showing the number of shellfish taken by species, location and date of the catch, and such other information as may be required for management or conservation purposes; (6) You must complete and submit subsistence fishing reports at the time specified for each particular area and fishery; (7) If the return of catch information necessary for management and conservation purposes is required by a subsistence fishing permit and you fail to comply with such reporting requirements, you are ineligible to receive a subsistence permit for that activity during the following calendar year, unless you demonstrate that failure to report was due to loss in the mail, accident, sickness, or other unavoidable circumstances. (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 E:\FR\FM\16MRR2.SGM 16MRR2 sroberts on PROD1PC70 with RULES 12694 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 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 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. VerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 (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 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 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 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. (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: January 30, 2007. Peter J. Probasco, Acting Chair, Federal Subsistence Board. Dated: January 30, 2007. Steve Kessler, Subsistence Program Leader, USDA-Forest Service. [FR Doc. 07–1166 Filed 3–15–07; 8:45 am] BILLING CODE 3410–11–P; 4310–55–P E:\FR\FM\16MRR2.SGM 16MRR2

Agencies

[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12676-12694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1166]



[[Page 12675]]

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Part II





Department of Agriculture





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Forest Service



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36 CFR Part 242





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 100



Subsistence Management Regulations for Public Lands in Alaska, Subpart 
C and Subpart D--2007-08 Subsistence Taking of Fish and Shellfish 
Regulations; Final Rule

Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules 
and Regulations

[[Page 12676]]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AU57


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C and Subpart D--2007-08 Subsistence Taking of Fish and 
Shellfish Regulations

AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Final rule.

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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 2007-08 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--2006-07 Subsistence 
Taking of Fish and Wildlife Regulations,'' which expire on March 31, 
2007. This rule also amends the Customary and Traditional Use 
Determinations of the Federal Subsistence Board (Sec.  ----.24 of 
subpart C).

DATES: Sections ----.24(a)(2) and (3) are effective April 1, 2007. 
Sections ----.27 and ----.28 are effective April 1, 2007, through March 
31, 2008.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of 
Subsistence Management; (907) 786-3888. 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 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 76010, December 22, 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 9-11, 2007. 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 March 29, 2006 (71 FR 
15569). During its January 9-11, 2007, 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

[[Page 12677]]

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 2007-08 seasons, harvest limits, and methods and 
means on December 22, 2005, in the Federal Register (70 FR 76010). 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 26 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. Nine of the proposals 
were not considered, being deferred for Board consideration in a future 
cycle. One proposal was withdrawn by the originator. 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 11 proposals. All 
of the actions to reject or take no action were based on 
recommendations from at least one Regional Council.
    The Board rejected one proposal requesting opening the Lower Copper 
River to a dip net and rod and reel subsistence salmon fishery. The 
Board rejected this proposal at the request of the Southcentral 
Regional Advisory Council because although there is not a biological 
concern, all public testimony from rural subsistence users opposes this 
proposal as unnecessary to the satisfaction of subsistence needs.
    The Board rejected one proposal that requested storage restrictions 
for fish wheels on the Copper River. The Board rejected this proposal 
as unnecessarily restrictive for subsistence users.
    The Board rejected one proposal that requested placement 
restrictions for fish wheels on the Copper River. The Board rejected 
this proposal as unnecessarily restrictive for subsistence users 
because it would cause them unnecessary hardship.
    The Board deferred for 1 year a proposal that would have closed the 
herring fishery in the Makhnati Island area in order to allow the 
formation of a working group to further review the implications and 
issues related to this very complex fishery.
    The Board rejected one proposal that requested more stringent 
reporting requirements for steelhead in the Sitka area. The Board 
rejected this proposal as unnecessarily restrictive for subsistence 
users.
    The Board rejected four other proposals that would have placed 
additional harvest restrictions on steelhead in the Sitka area. 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 five 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.
    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.
    When questions of jurisdiction are brought to our attention, we 
immediately review the issue and make any appropriate modifications to 
our regulations. In addition, we revised the regulations pertaining to 
specific management areas as follows:

Bristol Bay Fishery Management Area

    The Board adopted three proposals affecting residents of the 
Bristol Bay Alaska Fishery Management Area, resulting in the following 
changes to the regulations found in Sec.  ----.27.
     Provided for the take of salmon by drift gillnet in the 
lower 2 miles of the Togiak River. Marking of salmon taken by drift 
gillnet is required.
     Allowed the take of salmon without a permit in Lake Clark 
and its tributaries by snagging (by handline or rod and reel), spear, 
bow and arrow, or capturing by bare hand.
     Allowed the take of salmon by beach seines not exceeding 
25 fathoms in Lake Clark, excluding its tributaries.

Cook Inlet Fishery Management Area

    During a public work session on November 17, 2006, the Board made 
changes to the customary and traditional use determination for the 
community of Ninilchik, recognizing its historical use of the Kenai 
River drainage and northern portion of the Kenai Peninsula. This action 
resulted from a request for reconsideration of a Board action on a 
proposal acted on during the Board's January 10-13, 2006, meeting and 
was effective November 17, 2006.

Southeastern Alaska Fishery Management Area

    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. Sec.  ---- .24 and ---- .27.
     Revised the customary and traditional use determination 
for Districts 12, 13, and 14 in the Southeast Alaska Fishery Management 
Area.
     Aligned Federal harvest limits for sockeye salmon in most 
of southeast Alaska with the existing State subsistence or personal use 
fishery.
    During a public work session on November 17, 2006, the Board made 
changes to the customary and traditional use determination for the 
community of Gustavus, recognizing its historical use of District 14, 
Sections 14B and 14C. This action resulted from a request for 
reconsideration of a Board action on a proposal acted on during the 
Board's January 10-13, 2006, meeting. Board action on another proposal 
at its January 9-10, 2007, meeting has since superseded the November 
17, 2006 action.

Administrative Procedure Act Compliance

    The Board finds that additional public notice under the 
Administrative

[[Page 12678]]

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.

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 October 31, 2009. 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

[[Page 12679]]

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 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 significant direct 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 
Peter J. Probasco, of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Chuck Ardizzone, Alaska State Office, Bureau of Land Management; Jerry 
Berg, 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          All fish.........  Residents of
     Clarence Area, waters                          Stebbins, St.
     draining into Norton                           Michael, and Kotlik.
     Sound between Point
     Romanof and Canal Point.
    Norton Sound--Port          All fish.........  Residents of the
     Clarence Area, remainder.                      Norton Sound--Port
                                                    Clarence Area.
Yukon--Northern Area:
    Yukon River drainage......  Salmon, other      Residents of the
                                 than fall chum     Yukon River drainage
                                 salmon.            and the community of
                                                    Stebbins.
    Yukon River drainage......  Fall chum salmon.  Residents of the
                                                    Yukon River drainage
                                                    and the communities
                                                    of Stebbins, Scammon
                                                    Bay, Hooper Bay, and
                                                    Chevak.
    Yukon River drainage......  Freshwater fish    Residents of the
                                 (other than        Yukon--Northern
                                 salmon).           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        Yukon--Northern Area
     Tetlin NWR and the          salmon).           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.

[[Page 12680]]

 
                                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.
                                All other fish     Residents of the
                                 other than         Kuskokwim Area,
                                 herring.           except those persons
                                                    residing on the
                                                    United States
                                                    military
                                                    installation located
                                                    on Cape Newenham,
                                                    Sparrevohn USAFB,
                                                    and Tatalina USAFB.
    Waters around Nunivak       Herring and        Residents within 20
     Island.                     herring roe.       miles of the coast
                                                    between the
                                                    westernmost tip of
                                                    the Naskonat
                                                    Peninsula and the
                                                    terminus of the
                                                    Ishowik River and on
                                                    Nunivak Island.
Bristol Bay Area:
    Nushagak District,          Salmon and         Residents of the
     including drainages         freshwater fish.   Nushagak District
     flowing into the district.                     and freshwater
                                                    drainages flowing
                                                    into the district.
    Naknek-Kvichak District--   Salmon and         Residents of the
     Naknek River drainage.      freshwater fish.   Naknek and Kvichak
                                                    River drainages.
    Naknek-Kvichak District--   Salmon and         Residents of the
     Kvichak/Iliamna-Lake        freshwater fish.   Kvichak/Iliamna-Lake
     Clark drainage.                                Clark drainage.
    Togiak District, including  Salmon and         Residents of the
     drainages flowing into      freshwater fish.   Togiak District,
     the district.                                  freshwater drainages
                                                    flowing into the
                                                    district, and the
                                                    community of
                                                    Manokotak.
    Egegik District, including  Salmon and         Residents of South
     drainages flowing into      freshwater fish.   Naknek, the Egegik
     the district.                                  District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
    Ugashik District,           Salmon and         Residents of the
     including drainages         freshwater fish.   Ugashik District and
     flowing into the district.                     freshwater drainages
                                                    flowing into the
                                                    district.
    Togiak District...........  Herring spawn on   Residents of the
                                 kelp.              Togiak District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
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    Residents of the
                                 and fish other     Chignik Area.
                                 than rainbow/
                                 steelhead trout.
Kodiak Area--except the         Salmon...........  Residents of the
 Mainland District, all waters                      Kodiak Island
 along the south side of the                        Borough, except
 Alaska Peninsula bounded by                        those residing on
 the latitude of Cape Douglas                       the Kodiak Coast
 (58[deg]51.10' North                               Guard Base.
 latitude) mid-stream Shelikof
 Strait, north and east of the
 longitude of the southern
 entrance of Imuya Bay near
 Kilokak Rocks (57[deg]10.34'
 North latitude,
 156[deg]20.22' West
 longitude).
    Kodiak Area...............  Fish other than    Residents of the
                                 rainbow/           Kodiak Area.
                                 steelhead trout
                                 and salmon.
Cook Inlet Area:
    Kenai Peninsula District--  All fish.........  Residents of the
     Waters north of and                            communities of Hope,
     includng the Kenai River                       Cooper Landing, and
     drainage within the Kenai                      Ninilchik.
     National Wildlife Refuge
     an the Chugach National
     Forest.
    Waters within the Kasilof   All fish.........  Residents of the
     River drainage within the                      community of
     Kenai NWR.                                     Ninilchik.
    Waters within Lake Clark    Salmon...........  Residents of the
     National Park draining                         Tuxedni Bay area.
     into and including that
     portion of Tuxedni Bay
     within the park.
    Cook Inlet Area--Remainder  Fish other than    Residents of the Cook
                                 salmon, Dolly      Inlet Area.
                                 Varden, trout,
                                 char, grayling,
                                 and burbot.
Prince William Sound Area:
    Southwestern District and   Salmon...........  Residents of the
     Green Island.                                  Southwestern
                                                    District, which is
                                                    mainland waters from
                                                    the outer point on
                                                    the north shore of
                                                    Granite Bay to Cape
                                                    Fairfield, and
                                                    Knight Island,
                                                    Chenega Island,
                                                    Bainbridge Island,
                                                    Evans Island,
                                                    Elrington Island,
                                                    Latouche Island and
                                                    adjacent islands.

[[Page 12681]]

 
    North of a line from        Salmon...........  Residents of the
     Porcupine Point to                             villages of Tatitlek
     Granite Point, and south                       and Ellamar.
     of a line from Point Lowe
     to Tongue Point.
    Copper River drainage       Freshwater fish..  Residents of
     upstream from Haley Creek.                     Cantwell, Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Slana,
                                                    Tanacross, Tazlina,
                                                    Tetlin, Tok,
                                                    Tonsina, and those
                                                    individuals that
                                                    live along the Tok
                                                    Cutoff from Tok to
                                                    Mentasta Pass, and
                                                    along the Nabesna
                                                    Road.
    Gulkana National Wild and   Freshwater fish..  Residents of
     Scenic River.                                  Cantwell, Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Paxson-
                                                    Sourdough, Slana,
                                                    Tanacross, Tazlina,
                                                    Tetlin, Tok,
                                                    Tonsina, and those
                                                    individuals that
                                                    live along the Tok
                                                    Cutoff from Tok to
                                                    Mentasta Pass, and
                                                    along the Nabesna
                                                    Road.
    Waters of the Prince        Freshwater fish    Residents of the
     William Sound Area,         (trout, char,      Prince William Sound
     except for the Copper       whitefish,         Area, except those
     River drainage upstream     suckers,           living in the Copper
     of Haley Creek.             grayling, and      River drainage
                                 burbot).           upstream of Haley
                                                    Creek.
    Chitina Subdistrict of the  Salmon...........  Residents of
     Upper Copper River                             Cantwell,
     District.                                      Chickaloon, Chisana,
                                                    Christochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Paxson-
                                                    Sourdough, Slana,
                                                    Tanacross, Tazlina,
                                                    Tetlin, Tok,
                                                    Tonsina, and those
                                                    individuals that
                                                    live along the Tok
                                                    Cutoff from Tok to
                                                    Mentasta Pass, and
                                                    along the Nabesna
                                                    Road.
    Glennallen Subdistrict of   Salmon...........  Residents of the
     the Upper Copper River                         Prince William Sound
     District.                                      Area and residents
                                                    of Cantwell,
                                                    Chickaloon, Chisana,
                                                    Dot Lake, Healy
                                                    Lake, Northway,
                                                    Tanacross, Tetlin,
                                                    Tok, and those
                                                    individuals living
                                                    along the Alaska
                                                    Highway from the
                                                    Alaskan/Canadian
                                                    border to Dot Lake,
                                                    along the Tok Cutoff
                                                    from Tok to Mentasta
                                                    Pass, and along the
                                                    Nabesna Road.
    Waters of the Copper River  Salmon...........  Residents of Mentasta
     between National Park                          Lake and Dot Lake.
     Service regulatory
     markers located near the
     mouth of Tanada Creek,
     and in Tanada Creek
     between National Park
     Service regulatory
     markers identifying the
     open waters of the creek.
    Remainder of the Prince     Salmon...........  Residents of the
     William Sound Area.                            Prince William Sound
                                                    Area.
    Waters of the Bering River  Eulachon.........  Residents of Cordova.
     area from Point Martin to
     Cape Suckling.
    Waters of the Copper River  Eulachon.........  Residents of Cordova,
     Delta from the Eyak River                      Chenega Bay, and
     to Point Martin.                               Tatitlek.
Yakutat Area:
    Fresh water upstream from   Salmon...........  Residents of the area
     the terminus of streams                        east of Yakutat Bay,
     and rivers of the Yakutat                      including the
     Area from the Doame River                      islands within
     to the Tsiu River.                             Yakutat Bay, west of
                                                    the Situk River
                                                    drainage, and south
                                                    of and including
                                                    Knight Island.
    Fresh water upstream from   Dolly Varden,      Residents of the area
     the terminus of streams     steelhead trout,   east of Yakutat Bay,
     and rivers of the Yakutat   and smelt.         including the
     Area from the Doame River                      islands within
     to Point Manby.                                Yakutat Bay, west of
                                                    the Situk River
                                                    drainage, and south
                                                    of and including
                                                    Knight Island.
    Remainder of the Yakutat    Dolly Varden,      Residents of
     Area.                       trout, smelt,      Southeastern Alaska
                                 and eulachon.      and Yakutat Areas.
Southeastern Alaska Area:
    District 1--Section 1E in   Salmon, Dolly      Residents of the City
     waters of the Naha River    Varden, trout,     of Saxman.
     and Roosevelt Lagoon.       smelt, and
                                 eulachon.
    District 1--Section 1F in   Salmon, Dolly      Residents of the City
     Boca de Quadra in waters    Varden, trout,     of Saxman.
     of Sockeye Creek and Hugh   smelt, and
     Smith Lake within 500       eulachon.
     yards of the terminus of
     Sockeye Creek.
    Districts 2, 3, and 5 and   Salmon, Dolly      Residents living
     waters draining into        Varden, trout,     south of Sumner
     those Districts.            smelt, and         Strait and west of
                                 eulachon.          Clarence Strait and
                                                    Kashevaroff Passage.

[[Page 12682]]

 
    District 5--North of a      Salmon, Dolly      Residents of the City
     line from Point Barrie to   Varden, trout,     of Kake and in
     Boulder Point.              smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 6 and waters       Salmon, Dolly      Residents of the
     draining into that          Varden, trout,     living south of
     District.                   smelt, and         Sumner Strait and
                                 eulachon.          west of Clarence
                                                    Strait and
                                                    Kashevaroff Passage;
                                                    residents of
                                                    drainages flowing
                                                    into District 6
                                                    north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island); residents
                                                    of drainages flowing
                                                    into Districts 7 &
                                                    8, including the
                                                    communities of
                                                    Petersburg &
                                                    Wrangell; and
                                                    residents of the
                                                    communities of
                                                    Meyers Chuck and
                                                    Kake.
    District 7 and waters       Salmon, Dolly      Residents of
     draining into that          Varden, trout,     drainages flowing
     District.                   smelt, and         into District 6
                                 eulachon.          north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island); residents
                                                    of drainages flowing
                                                    into Districts 7 &
                                                    8, including the
                                                    communities of
                                                    Petersburg &
                                                    Wrangell; and
                                                    residents of the
                                                    communities of
                                                    Meyers Chuck and
                                                    Kake.
    District 8 and waters       Salmon, Dolly      Residents of
     draining into that          Varden, trout,     drainages flowing
     District.                   smelt, and         into Districts 7 &
                                 eulachon.          8, residents of
                                                    drainages flowing
                                                    into District 6
                                                    north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island), and
                                                    residents of Meyers
                                                    Chuck.
    District 9--Section 9A....  Salmon, Dolly      Residents of the City
                                 Varden, trout,     of Kake and in
                                 smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of Portage
                                                    Bay boat harbor.
    District 9--Section 9B      Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     of Kake and in
     Swain Point.                smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 10--West of a      Salmon, Dolly      Residents of the City
     line from Pinta Point to    Varden, trout,     of Kake and in
     False Point Pybus.          smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 12--South of a     Salmon, Dolly      Residents of the City
     line from Fishery Point     Varden, trout,     of Angoon and along
     to south Passage Point      smelt, and         the western shore of
     and north of the latitude   eulachon.          Admiralty Island
     of Point Caution.                              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 12--Section 12A,   All fish.........  Residents of
     excluding the area south                       drainages flowing
     of a line from Fishery                         into Districts 12
     Point to South Passage                         and 14.
     Point Section 12B.
    District 13--Section 13A,   Salmon, Dolly      Residents of the City
     south of the latitude of    Varden, trout,     and Borough of Sitka
     Cape Edward.                smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13A,   All fish.........  Residents of
     excluding the area south                       drainages flowing
     of the latitude of Cape                        into Sections 13A,
     Edward.                                        13B, and District
                                                    14.
    District 13--Section 13B    Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     and Borough of Sitka
     Redfish Cape.               smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13C..  Salmon, Dolly      Residents of the City
                                 Varden, trout,     and Borough of Sitka
                                 smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13C    Salmon, Dolly      Residents of the City
     east of the longitude of    Varden, trout,     of Angoon and along
     Point Elizabeth.            smelt, and         the western shore of
                                 eulachon.          Admiralty Island
                                                    north of the
                                                    latitude of Sand
                                                    Island, south of the
                                                    latitude of Thayer
                                                    Creek, and west of
                                                    134[deg]30' West
                                                    longitude, including
                                                    Killisnoo Island.
    District 14...............  All fish.........  Residents of
                                                    drainages flowing
                                                    into Sections 12A,
                                                    13A, and District
                                                    14.
    Remainder of the            Dolly Varden,      Residents of
     Southeastern Alaska Area.   trout, smelt,      Southeastern Alaska
                                 and eulachon.      and Yakutat Areas.
------------------------------------------------------------------------

    (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:

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
Bering Sea Area...............  All shellfish....  Residents of the
                                                    Bering Sea Area.

[[Page 12683]]

 
Alaska Peninsula-Aleutian       Shrimp Dungeness,  Residents of the
 Islands Area.                   and Tanner crab.   Alaska Peninsula-
                                                    Aleutian Islands
                                                    Area.
Kodiak Area...................  Shrimp,            Residents of the
                                 Dungeness, and     Kodiak Area.
                                 Tanner crab.
    Kodiak Area, except for     King crab........  Residents of the
     the Semidi Island, the                         Kodiak Island
     North Mainland, and the                        Borough, except
     South Mainland Sections.                       those residents on
                                                    the Kodiak Coast
                                                    Guard base.
Cook Inlet Area:
    Federal waters in the       Shellfish........  Residents of Tuxedni
     Tuxedni Bay Area within                        Bay, Chisik Island,
     the boundaries of Lake                         and Tyonek.
     Clark National Park.
Prince William Sound Area.....  Shrimp, clams,     Residents of the
                                 Dungeness, king,   Prince William Sound
                                 and Tanner crab.   Area.
Southeastern Alaska--Yakutat
 Area:
    Section 1E south of the     Shellfish, except  Residents of the
     latitude of Grant Island    shrimp, king       Southeast Area.
     light.                      crab, and Tanner
                                 crab..
    Section 1F north of the     Shellfish, except  Residents of the
     latitude of the             shrimp, king       Southeast Area.
     northernmost tip of Mary    crab, and Tanner
     Island, except waters of    crab.
     Boca de Quadra.
    Section 3A and 3B.........  Shellfish, except  Residents of the
                                 shrimp, king       Southeast Area.
                                 crab, and Tanner
                                 crab.
    District 13...............  Dungeness crab,    Residents of the
                                 shrimp, abalone,   Southeast Area.
                                 sea cucumbers,
                                 gum boots,
                                 cockles, and
                                 clams, except
                                 geoducks.
------------------------------------------------------------------------

* * * * *

Subpart D--Subsistance Taking of Fish and Wildlife

0
3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. Sec.  --
--.27 and ----.28 are added effective April 1, 2007, through March 31, 
2008, to read as follows:


Sec.  ----.27  Subsistence taking of fish.

    (a) Applicability. (1) Regulations in this section apply to the 
taking of fish or their parts for subsistence uses.
    (2) You may take fish for subsistence uses at any time by any 
method unless you are restricted by the subsistence fishing regulations 
found in this section. The harvest limit specified in this section for 
a subsistence season for a species and the State harvest limit set for 
a State season for the same species are not cumulative, except as 
modified by regulations in Sec.  ----.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;
    (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

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