Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2008-09 Subsistence Taking of Fish and Shellfish Regulations, 13761-13780 [E8-5130]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service
• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 73, Number 51 (Friday, March 14, 2008)]
[Rules and Regulations]
[Pages 13761-13780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5130]


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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

[FWS-R7-SM-2008-0021; 70101-1335-0064L6]
 RIN 1018-AU71


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C and Subpart D--2008-09 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 2008-09 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 D--2007-08 Subsistence Taking of Fish 
and Wildlife Regulations,'' which expire on March 31, 2008.

DATES: This rule is effective April 1, 2008, through March 31, 2009.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 3601 C Street, Suite 1030, 
Anchorage, AK 99503, or on the Office of Subsistence Management Web 
site (https://alaska.fws.gov/asm/home.html).

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, Subsistence 
Program Leader, USDA, Forest Service, Alaska Region, (907) 786-3592.

SUPPLEMENTARY INFORMATION:

Background

    In Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that ``the situation 
in Alaska is unique in that, in most cases, no practical alternative 
means are available to replace the food supplies and other items 
gathered from fish and wildlife which supply rural residents dependent 
on subsistence uses * * *'' and that ``continuation of the opportunity 
for subsistence uses of resources on public and other lands in Alaska 
is threatened * * *.'' As a result, Title VIII requires, among other 
things, 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 
Federal public lands and waters in Alaska, 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.
    The State implemented a program that the Department of the Interior 
previously 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 its 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, on July 1, 1990, the 
Department of the Interior and the Department of Agriculture 
(Departments) assumed responsibility for implementation of Title VIII 
of ANILCA on public lands and waters. In anticipation of carrying out 
this responsibility, the Departments published temporary subsistence 
management regulations for public lands in Alaska in the Federal 
Register on June 29, 1990 (55 FR 27114). Because the State was unable 
to create a program in compliance with Title VIII, the Departments 
published final subsistence management regulations in the Federal 
Register in 1992 (57 FR 22940, May 29, 1992).
    As a result of this joint process between Interior and Agriculture, 
these regulations can be found in two titles of the Code of Federal 
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' 
and title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 
100.1-28, respectively. The regulations contain subparts as follows: 
Subpart A, General Provisions; subpart B, Program Structure; subpart C, 
Board Determinations; and subpart D, Subsistence Taking of Fish and 
Wildlife.
    Consistent with subparts A, B, and C of these regulations, as 
revised May 7,

[[Page 13762]]

2007 (72 FR 25688), 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, U.S. Forest Service.
    Through the Board, these agencies participate in the development of 
regulations for subparts A, B, and C, which set forth and guide the 
program, and the subpart D regulations, which are revised annually.

Federal Subsistence Regional Advisory Councils

    The Federal subsistence management regulations divide Alaska into 
10 subsistence resource regions, each of which is represented by a 
Federal Subsistence Regional Advisory Council (Regional Council) (36 
CFR 242.11 and 50 CFR 100.11). The Regional Councils provide a forum 
for rural residents, who have personal knowledge of local conditions 
and resource requirements, to have a meaningful role in the subsistence 
management of fish and wildlife on Alaska public lands and waters. The 
Regional Council members represent varied geographical, cultural, and 
user diversity within each region.
    Because the subpart D regulations, which establish seasons and 
harvest limits and methods and means, are subject to an annual cycle, 
they require development of an entire new rule each year. Customary and 
traditional use determinations (subpart C) are subject to an annual 
review process providing for modification each year. Section .24 
(customary and traditional use determinations) was originally published 
in the Federal Register on May 29, 1992 (57 FR 22940). The regulations 
at 36 CFR 242.4 and 50 CFR 100.4 define ``customary and traditional 
use'' as ``a long-established, consistent pattern of use, incorporating 
beliefs and customs which have been transmitted from generation to 
generation * * *.'' Since 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 published in the Federal Register as follows:

                                         Modifications to Sec.  ----.24
----------------------------------------------------------------------------------------------------------------
                                                                Rule made changes to the following provisions of
      Federal Register citation          Date of publication                        ----.24:
----------------------------------------------------------------------------------------------------------------
59 FR 27462..........................  May 27, 1994...........  Wildlife and Fish/Shellfish.
59 FR 51855..........................  October 13, 1994.......  Wildlife and Fish/Shellfish.
60 FR 10317..........................  February 24, 1995......  Wildlife and Fish/Shellfish.
61 FR 39698..........................  July 30, 1996..........  Wildlife and Fish/Shellfish.
62 FR 29016..........................  May 29, 1997...........  Wildlife and Fish/Shellfish.
63 FR 35332..........................  June 29, 1998..........  Wildlife and Fish/Shellfish.
63 FR 46148..........................  August 28, 1998........  Wildlife and Fish/Shellfish.
64 FR 1276...........................  January 8, 1999........  Fish/Shellfish.
64 FR 35776..........................  July 1, 1999...........  Wildlife.
65 FR 40730..........................  June 30, 2000..........  Wildlife.
66 FR 10142..........................  February 13, 2001......  Fish/Shellfish.
66 FR 33744..........................  June 25, 2001..........  Wildlife.
67 FR 5890...........................  February 7, 2002.......  Fish/Shellfish.
67 FR 43710..........................  June 28, 2002..........  Wildlife.
68 FR 7276...........................  February 12, 2003......  Fish/Shellfish.
----------------------------------------------------------------------------------------------------------------
Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use
 determinations.
----------------------------------------------------------------------------------------------------------------
69 FR 5018...........................  February 3, 2004.......  Fish/Shellfish.
69 FR 40174..........................  July 1, 2004...........  Wildlife.
70 FR 13377..........................  March 21, 2005.........  Fish/Shellfish.
70 FR 36268..........................  June 22, 2005..........  Wildlife.
71 FR 15569..........................  March 29, 2006.........  Fish/Shellfish.
71 FR 37642..........................  June 30, 2006..........  Wildlife.
72 FR 12676..........................  March 16, 2007.........  Fish/Shellfish.
72 FR 73426..........................  December 27, 2007......  Wildlife/Fish.
----------------------------------------------------------------------------------------------------------------

Current Rule

    The Departments published a proposed rule on December 19, 2006 (71 
FR 75899), to amend subparts C and D of 36 CFR 242 and 50 CFR 100. The 
proposed rule opened a comment period, which closed on March 23, 2007. 
The Departments advertised the proposed rule by mail, radio, and 
newspaper. During that period, the Regional Councils met and, in 
addition to other Regional Council business, received suggestions for 
proposals from the public. The Board received a total of 17 proposals 
for changes and 1 proposal deferred from the previous cycle to subparts 
C and D. After the proposal period closed, the Board prepared a booklet 
describing the proposals and distributed them to the public; this was 
also available online. The public then had an additional 30 days in 
which to comment on the proposals for changes to the regulations.
    The 10 Regional Councils met again, received public comments, and 
formulated their recommendations to the Board on proposals for their 
respective regions. The Regional Councils had a substantial role in 
reviewing the proposed rule and making recommendations for the final 
rule. Moreover, a Council Chair, or a designated representative, 
presented each Council's recommendations at the Board meeting of 
December 11-13, 2007. These final regulations reflect Board review and 
consideration of Regional Council recommendations and public comments. 
The public has had

[[Page 13763]]

extensive opportunity to review and comment on all changes.
    Of the 18 proposals, including one that had been deferred the 
previous cycle, the Board adopted 8, rejected 7, took no action on 2, 
and deferred 1. Of the eight adopted proposals, four were with 
modifications. The Board took no action on two proposals due to action 
that they had taken on other similar proposals and then deferred one 
proposal to allow collection of additional information.

Summary of Proposals Rejected by the Board

    The Board rejected, deferred, or took no action on 10 proposals. 
The rejected proposals were recommended for rejection by at least one 
of the Regional Councils, except for the two as noted in the summary. 
Detailed information relating to justification for the action on each 
proposal may be found in the Board meeting materials and transcripts, 
available for review at the Office of Subsistence Management, 3601 C 
Street, Suite 1030, Anchorage, Alaska 99503, or on the Office of 
Subsistence Management Web site (https://alaska.fws.gov/asm/home.html).
     The Board rejected one proposal to have ``no Federal 
subsistence priority'' for customary and traditional use determination 
for the Juneau road system area as unnecessarily restrictive for 
subsistence users.
     The Board rejected one proposal to close the subsistence 
steelhead fishery on the Admiralty, Baranof, and Chichagof Islands as 
unnecessarily restrictive for subsistence users.
     The Board rejected one proposal to close commercial 
herring fishing in Federal public waters in the Makhnati Island area, 
contrary to the recommendation of the Southeast Council, based on a 
lack of substantial evidence to support the closure.
     The Board rejected one proposal to allow dipnetting from 
the banks of the Kenai River at the Moose Range Meadows site, contrary 
to the recommendation of the Southcentral Council, based on 
conservation concerns.
     The Board rejected two proposals, one that would restrict 
gillnet mesh size and one to restrict gillnet depth on the Yukon River, 
at the request of two Councils and contrary to one Council's 
recommendation. The Board based its decisions on the need for 
additional evidence to support the proposals and a concern for 
unnecessary restrictions on subsistence users.
     The Board deferred one proposal concerning elders fishing 
on the Yukon River for a year to allow the proponent more time to 
address and further review the implications and issues related to who 
could or could not assist the elder while fishing.

Summary of Proposals Adopted by the Board

    The Board adopted eight proposals. Four of these proposals were 
adopted as submitted, and four were adopted with modifications 
suggested by the respective Regional Council, modifications developed 
during the analysis process, or modifications developed during the 
Board's public deliberations.
    All of the adopted proposals were recommended for adoption by at 
least one of the Regional Councils, although further modifications were 
made to some during Board deliberations, and were based on harvest 
practices or on protecting fish populations. Detailed information 
relating to justification for the action on each proposal may be found 
in the Board meeting materials and transcripts, available for review at 
the Office of Subsistence Management, 3601 C Street, Suite 1030, 
Anchorage, Alaska 99503, or on the Office of Subsistence Management Web 
site (https://alaska.fws.gov/asm/home.html).
    The Board adopted regulations pertaining to specific management 
areas as follows:

Yakutat Fishery Management Area

     Removed the prohibition against subsistence fishing 48 
hours before and after commercial fishing periods in the Yakutat area.

Southeast Alaska Fishery Management Area

     Rescinded the closure to non-Federally qualified 
subsistence users for the taking of sockeye salmon in the Falls Lake, 
Gut Bay Lake and Bay of Pillars drainages.
     Changed the starting date of the subsistence coho salmon 
fishery and changed the permit requirements to allow issuance of an 
annual permit for the Stikine River.

Alaska Peninsula Fishery Management Area

     Allowed the taking of salmon in the Alaska Peninsula and 
Chignik Areas without a permit by snagging, using a spear, bow and 
arrow, or by capturing by hand.

Bristol Bay Fishery Management Area

     Allowed the use of fyke nets and leads in the tributaries 
of Lake Clark and Sixmile Lake by Federal permit.

Cook Inlet Fishery Management Area

     Created a temporary 3-year salmon fish wheel fishery on 
the Kasilof River for residents of Ninilchik.

Yukon-Northern Fishery Management Area

     Expanded the fishing time for the Federal drift gillnet 
fishery in a portion of the Yukon River.
    A clarification of the regulations for the Southeast Alaska area 
was made to show that there is no subsistence salmon fishery in the 
Taku River. This is because no subsistence salmon fishery is authorized 
by the Pacific Salmon Treaty and its annexes.
    These final regulations reflect Board review and consideration of 
Regional Council recommendations and public comments. All Board members 
have reviewed this rule and agree with its substance. Because this rule 
concerns public lands managed by an agency or agencies in both the 
Departments of Agriculture and the Interior, identical text will be 
incorporated into 36 CFR part 242 and 50 CFR part 100.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

    The Board has provided extensive opportunity for public input and 
involvement in compliance with Administrative Procedure Act 
requirements, including 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. Therefore, we believe that sufficient 
public notice has been given to affected persons about the Board 
decisions.
    In the more than 17 years the Program has been operating, no 
benefit to the public has been demonstrated by delaying the effective 
date of the subsistence regulations. A lapse in regulatory control 
could affect the continued viability of fish or wildlife populations 
and future subsistence opportunities for rural Alaskans, and would 
generally fail to serve the overall public interest. Therefore, the 
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule 
effective upon the date set forth in DATES to ensure continued 
operation of the subsistence program.

[[Page 13764]]

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement (DEIS) for developing a 
Federal Subsistence Management Program was distributed for public 
comment on October 7, 1991. That document described the major issues 
associated with Federal subsistence management as identified through 
public meetings, written comments, and staff analyses and examined the 
environmental consequences of four alternatives. Proposed regulations 
(subparts A, B, and C) that would implement the preferred alternative 
were included in the DEIS as an appendix. The DEIS and the proposed 
administrative regulations presented a framework for 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 public comments received, analysis contained in the FEIS, 
and 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, implemented the Federal Subsistence Management Program and 
included a framework for an annual cycle for subsistence hunting and 
fishing regulations. The following Federal Register documents pertain 
to this rulemaking:

       Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents Pertaining to the Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Federal Register citation           Date of publication            Category                                     Details
--------------------------------------------------------------------------------------------------------------------------------------------------------
57 FR 22940..........................  May 29, 1992............  Final Rule.............  ``Subsistence Management Regulations for Public Lands in
                                                                                           Alaska; Final Rule'' was published in the Federal Register.
64 FR 1276...........................  January 8, 1999.........  Final Rule.............  Amended the regulations to include subsistence activities
                                                                                           occurring on inland navigable waters in which the United
                                                                                           States has a reserved water right and to identify specific
                                                                                           Federal land units where reserved water rights exist.
                                                                                           Extended the Federal Subsistence Board's management to all
                                                                                           Federal lands selected under the Alaska Native Claims
                                                                                           Settlement Act and the Alaska Statehood Act and situated
                                                                                           within the boundaries of a Conservation System Unit, National
                                                                                           Recreation Area, National Conservation Area, or any new
                                                                                           national forest or forest addition, until conveyed to the
                                                                                           State of Alaska or to an Alaska Native Corporation. Specified
                                                                                           and clarified the Secretaries' authority to determine when
                                                                                           hunting, fishing, or trapping activities taking place in
                                                                                           Alaska off the public lands interfere with the subsistence
                                                                                           priority.
66 FR 31533..........................  June 12, 2001...........  Interim Rule...........  Expanded the authority that the Board may delegate to agency
                                                                                           field officials and clarified the procedures for enacting
                                                                                           emergency or temporary restrictions, closures, or openings.
67 FR 30559..........................  May 7, 2002.............  Final Rule.............  Amended the operating regulations in response to comments on
                                                                                           the June 12, 2001, interim rule. Also corrected some
                                                                                           inadvertent errors and oversights of previous rules.
68 FR 7703...........................  February 18, 2003.......  Direct Final Rule......  Clarified how old a person must be to receive certain
                                                                                           subsistence use permits and removed the requirement that
                                                                                           Regional Councils must have an odd number of members.
68 FR 23035..........................  April 30, 2003..........  Affirmation of Direct    Because we received no adverse comments on the direct final
                                                                  Final Rule.              rule (67 FR 30559), we adopted the direct final rule.
69 FR 60957..........................  October 14, 2004........  Final Rule.............  Clarified the membership qualifications for Regional Advisory
                                                                                           Council membership and relocated the definition of
                                                                                           ``regulatory year'' from subpart A to subpart D of the
                                                                                           regulations.
70 FR 76400..........................  December 27, 2005.......  Final Rule.............  Revised jurisdiction in marine waters and clarified
                                                                                           jurisdiction relative to military lands.

[[Page 13765]]

 
71 FR 49997..........................  August 24, 2006.........  Final Rule.............  Revised the jurisdiction of the subsistence program by adding
                                                                                           submerged lands and waters in the area of Makhnati Island,
                                                                                           near Sitka, AK. This allowed subsistence users to harvest
                                                                                           marine resources in this area under seasons, harvest limits,
                                                                                           and methods specified in the regulations.
72 FR 25688..........................  May 7, 2007.............  Final Rule.............  Revised nonrural determinations.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    An environmental assessment was prepared in 1997 on the expansion 
of Federal jurisdiction over fisheries and is available from the office 
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the 
Interior with the concurrence of the Secretary of Agriculture 
determined that the expansion of Federal jurisdiction did not 
constitute a major Federal action significantly affecting the human 
environment and, therefore, signed a Finding of No Significant Impact.

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

    This rule does not contain any new information collection 
requirements that need Office of Management and Budget (OMB) approval 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
This rule applies to the use of public lands in Alaska. The information 
collection requirements described in this rule are already approved by 
OMB and have been assigned 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

    Economic Effects--This rule is not a significant rule subject to 
OMB review under Executive Order 12866. This rulemaking will impose no 
significant costs on small entities; this rule does not restrict any 
existing sport or commercial fishery or hunting and trapping on the 
public lands, and subsistence fisheries will continue at essentially 
the same levels as they presently occur. The number of businesses and 
the amount of trade that will result from this Federal land-related 
activity is unknown but expected to be insignificant.
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of regulatory 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 sporting goods, ammunition, 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.
    This rule benefits those participants who engage in the subsistence 
harvest of fish and wildlife in Alaska in two identifiable ways: first, 
participants get the consumptive value of the food harvested, and 
second, participants get the cultural benefit associated with the 
maintenance of a subsistence lifestyle. We can estimate the consumptive 
value for fish and wildlife harvested under this rule but can place no 
dollar value on the maintenance of a subsistence lifestyle. However, we 
estimate that 8.7 million pounds of fish and wildlife are harvested by 
the local subsistence users annually and, if based on a replacement 
value of $5.00 per pound, would equate to $43.5 million in food value 
Statewide. The cultural benefits of maintaining a subsistence lifestyle 
can also be of considerable value to the participants.
    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence preference on public lands. The scope of this program is 
limited by definition to certain public lands. Likewise, these 
regulations have no potential implications for takings of private 
property 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 regulations meet the 
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
Order 12988 on 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 subsistence management authority over fish and wildlife 
resources on Federal lands unless the State's program is compliant with 
the requirements of that Title.
    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,

[[Page 13766]]

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, no Statement of Energy Effects is 
required.

Drafting Information

    Theo Matuskowitz drafted these regulations under the guidance of 
Peter J. Probasco of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Charles Ardizzone, Alaska State Office, Bureau of Land Management; 
Sandy Rabinowitch and Nancy Swanton, Alaska Regional Office, National 
Park Service; Drs. Warren Eastland and Glenn Chen, Alaska Regional 
Office, Bureau of Indian Affairs; Jerry Berg and Carl Jack, Alaska 
Regional Office, U.S. Fish and Wildlife Service; and Steve Kessler, 
Alaska Regional Office, U.S. Forest Service, provided additional 
assistance.

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 D--Subsistence Taking of Fish and Wildlife

0
2. In subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. ----.27 is 
revised 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 
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 this section, satisfy the following: A sidewall, which may include 
the tunnel, must contain an opening at least 18 inches in length, 
except that shrimp pots must contain an opening at least 6 inches in 
length. The opening must be laced, sewn, or secured together by a 
single length of treated or untreated twine, no larger than 36 thread. 
A galvanic timed-release device, designed to release in no more than 30 
days in saltwater, must be integral to the length of twine so that, 
when the device releases, the twine will no longer secure or obstruct 
the opening of the pot. The twine may be knotted only at each end and 
at the attachment points on the galvanic timed-release device. The 
opening must be within 6 inches of the bottom of the pot and must be 
parallel with it. The twine may not be tied or looped around the web 
bars.
    (3) For subsistence fishing for salmon, you may not use a gillnet 
exceeding 50 fathoms in length, unless otherwise specified in this 
section. The gillnet web must contain at least 30 filaments of equal 
diameter or at least 6 filaments, each of which must be at least 0.20 
millimeter in diameter.
    (4) Except as otherwise provided for in this section, you may not 
obstruct more than one-half the width of any stream with any gear used 
to take fish for subsistence uses.
    (5) You may not use live nonindigenous fish as bait.
    (6) You must have your first initial, last name, and address 
plainly and legibly inscribed on the side of your fish wheel facing 
midstream of the river.
    (7) You may use kegs or buoys of any color but red on any permitted 
gear, except in the following areas where kegs or buoys of any color, 
including red, may be used:
    (i) Yukon-Northern Area; and
    (ii) Kuskokwim Area.
    (8) You must have your first initial, last name, and address 
plainly and legibly inscribed on each keg, buoy,

[[Page 13767]]

stakes attached to gillnets, stakes identifying gear fished under the 
ice, and any other unattended fishing gear which you use to take fish 
for subsistence uses.
    (9) You may not use explosives or chemicals to take fish for 
subsistence uses.
    (10) You may not take fish for subsistence uses within 300 feet of 
any dam, fish ladder, weir, culvert or other artificial obstruction, 
unless otherwise indicated.
    (11) Transactions between rural residents. Rural residents may 
exchange in customary trade subsistence-harvested fish, their parts, or 
their eggs, legally taken under the regulations in this part, for cash 
from other rural residents. The Board may recognize regional 
differences and 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 ----.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 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 --
--.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) Unless specified otherwise in this section, you may use a rod 
and reel to take fish without a subsistence fishing permit. Harvest 
limits applicable to the use of a rod and reel to take fish for 
subsistence uses shall be as follows:
    (i) If you are required to obtain a subsistence fishing permit for 
an area, that permit is required to take fish for subsistence uses with 
rod and reel in that area. The harvest and possession limits for taking 
fish with a rod and reel in those areas are the same as indicated on 
the permit issued for subsistence fishing with other gear types;
    (ii) Except as otherwise provided for in this section, if you are 
not required to obtain a subsistence fishing permit for an area, the 
harvest and possession limits for taking fish for subsistence uses with 
a rod and reel are the same as for taking fish under State of Alaska 
subsistence fishing regulations in those same areas. If the State does 
not have a specific subsistence season and/or harvest limit for that 
particular species, the limit shall be the same as for taking fish 
under State of Alaska sport fishing regulations.
    (17) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, you may take fish for 
subsistence uses at any time.
    (18) Provisions on ADF&G subsistence fishing permits that are more 
restrictive or in conflict with the provisions contained in this 
section do not apply to Federal subsistence users.
    (19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other 
purposes, whitefish, herring, and species for which harvest limits, 
seasons, or other regulatory methods and means are not provided in this 
section, as well as the head, tail, fins, and viscera of legally taken 
subsistence fish.
    (20) The taking of fish from waters within Federal jurisdiction is 
authorized outside of published open seasons or harvest limits if the 
harvested fish will be used for food in traditional or religious 
ceremonies that are part of funerary or mortuary cycles, including 
memorial potlatches, provided that:
    (i) Prior to attempting to take fish, the person (or designee) or 
Tribal Government organizing the ceremony contacts the appropriate 
Federal fisheries manager to provide the nature of the ceremony, the 
parties and/or clans involved, the species and the number of fish to be 
taken, and the Federal waters from which the harvest will occur;
    (ii) The taking does not violate recognized principles of fisheries 
conservation, and uses the methods and means allowable for the 
particular species published in the applicable Federal regulations (the 
Federal fisheries manager will establish the number, species, or place 
of taking if necessary for conservation purposes);
    (iii) Each person who takes fish under this section must, as soon 
as practical, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal fisheries manager,

[[Page 13768]]

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;
    (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 
Federally qualified 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 Kobuk River 
drainage and from May 15 to October 31 in the Selawik River drainage. 
Only one gillnet 100 feet or less in length with a stretched-mesh size 
from 2\1/2\ to 4\1/2\ inches may be used per site. You must check your 
net at least once in every 24-hour period.
    (2) Norton Sound--Port Clarence Area. The Norton Sound--Port 
Clarence Area includes all waters of Alaska between the latitude of the 
westernmost tip of Cape Prince of Wales and the latitude of Point 
Romanof, including those waters of Alaska surrounding St. Lawrence 
Island and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
at any time in the Port Clarence District.
    (ii) In the Norton Sound District, you may take fish at any time 
except as follows:
    (A) In Subdistricts 2 through 6, if you are a commercial fishermen, 
you may not fish for subsistence purposes during the weekly closures of 
the State commercial salmon fishing season, except that from July 15 
through August 1, you may take salmon for subsistence purposes 7 days 
per week in the Unalakleet and Shaktoolik River drainages with gillnets 
which have a stretched-mesh size that does not exceed 4\1/2\ inches, 
and with beach seines;
    (B) In the Unalakleet River from June 1 through July 15, you may 
take salmon only from 8 a.m. Monday until 8 p.m. Saturday.
    (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 Yukon--Northern Area includes all 
waters of Alaska between the latitude of Point Romanof and the latitude 
of the westernmost point of the Naskonat Peninsula, including those 
waters draining into the Bering Sea, and all waters of Alaska north of 
the latitude of the westernmost tip of Point Hope and west of 141[deg] 
West longitude, including those waters draining into the Arctic Ocean 
and the Chukchi Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
in the Yukon--Northern Area at any time. 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 Sec. ----.27(i)(3).
    (ii) For the Yukon River drainage, Federal subsistence fishing 
schedules, openings, closings, and fishing methods

[[Page 13769]]

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.
    (viii) In Subdistrict 4A after the opening of the State commercial 
salmon fishing season, you may not take salmon for subsistence for 12 
hours immediately before, during, and for 12 hours after each State 
commercial salmon fishing period; however, you may take Chinook salmon 
during the State commercial fishing season, with drift gillnet gear 
only, from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and from 6:00 p.m. 
Wednesday until 6:00 p.m. Friday.
    (ix) You may not subsistence fish in the following drainages 
located north of the main Yukon River:
    (A) Kanuti River upstream from a point 5 miles downstream of the 
State highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks.
    (x) You may not subsistence fish in the Delta River.
    (xi) In Beaver Creek downstream from the confluence of Moose Creek, 
a gillnet with mesh size not to exceed 3 inches stretch-measure may be 
used from June 15 through September 15. You may subsistence fish for 
all non-salmon species but may not target salmon during this time 
period (retention of salmon taken incidentally to non-salmon directed 
fisheries is allowed). From the mouth of Nome Creek downstream to the 
confluence of Moose Creek, only rod and reel may be used. From the 
mouth of Nome Creek downstream to the confluence of O'Brien Creek, the 
daily harvest and possession limit is 5 grayling; from the mouth of 
O'Brien Creek downstream to the confluence of Moose Creek, the daily 
harvest and possession limit is 10 grayling. The Nome Creek drainage of 
Beaver Creek is closed to subsistence fishing for grayling.
    (xii) You may not subsistence fish in the Toklat River drainage 
from August 15 through May 15.
    (xiii) You may take salmon only by gillnet, beach seine, fish 
wheel, or rod and reel, subject to the restrictions set forth in this 
section.
    (xiv) In District 4, if you are a commercial fisherman, you may not 
take salmon for subsistence purposes during the State commercial salmon 
fishing season using gillnets with stretched mesh larger than 6 inches 
after a date specified by ADF&G emergency order issued between July 10 
and July 31.
    (xv) In Districts 4, 5, and 6, you may not take salmon for 
subsistence purposes by drift gillnets, except as follows:
    (A) In Subdistrict 4A upstream from the mouth of Stink Creek, you 
may take Chinook salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14, and chum salmon by drift gillnets after 
August 2;
    (B) In Subdistrict 4A downstream from the mouth of Stink Creek, you 
may take Chinook salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14;
    (C) In the Yukon River mainstem, Subdistricts 4B and 4C with a 
Federal subsistence fishing permit, you may take Chinook salmon during 
the weekly subsistence fishing opening(s) by drift gillnets no more 
than 150 feet long and no more than 35 meshes deep, from June 10 
through July 14.
    (xvi) Unless otherwise specified in this section, you may take fish 
other than salmon 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 
stretch-measure from June 15 through September 15.
    (xvii) In District 4, from September 21 through May 15, you may use 
jigging gear from shore ice.
    (xviii) You must possess a subsistence fishing permit for the 
following locations:
    (A) For the Yukon River drainage from the mouth of Hess Creek to 
the mouth of the Dall River;
    (B) For the Yukon River drainage from the upstream mouth of 22 Mile 
Slough to the U.S.-Canada border;

[[Page 13770]]

    (C) Only for salmon in the Tanana River drainage above the mouth of 
the Wood River.
    (xix) Only one subsistence fishing permit will be issued to each 
household per year.
    (xx) In Districts 1, 2, and 3, you may not possess Chinook salmon 
taken for subsistence purposes unless the dorsal fin has been removed 
immediately after landing.
    (xxi) In the Yukon River drainage, Chinook salmon must be used 
primarily for human consumption and may not be targeted for dog food. 
Dried Chinook salmon may not be used for dog food anywhere in the Yukon 
River drainage. Whole fish unfit for human consumption (due to disease, 
deterioration, deformities), scraps, and small fish (16 inches or less) 
may be fed to dogs. Also, whole Chinook salmon caught incidentally 
during a subsistence chum salmon fishery in the following time periods 
and locations may be fed to dogs:
    (A) After July 10 in the Koyukuk River drainage;
    (B) After August 10, in Subdistrict 5D, upstream of Circle City.
    (4) Kuskokwim Area. The Kuskokwim Area consists of all waters of 
Alaska between the latitude of the westernmost point of Naskonat 
Peninsula and the latitude of the southernmost tip of Cape Newenham, 
including the waters of Alaska surrounding Nunivak and St. Matthew 
Islands and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
in the Kuskokwim Area at any time without a subsistence fishing permit.
    (ii) For the Kuskokwim area, Federal subsistence fishing schedules, 
openings, closings, and fishing methods are the same as those issued 
for the subsistence taking of fish under Alaska Statutes (AS 
16.05.060), unless superseded by a Federal Special Action.
    (iii) In District 1, Kuskokuak Slough, from June 1 through July 31 
only, you may not take salmon for 16 hours before and during each State 
open commercial salmon fishing period in the district.
    (iv) In Districts 4 and 5, from June 1 through September 8, you may 
not take salmon for 16 hours before or during, and for 6 hours after 
each State open commercial salmon fishing period in each district.
    (v) In District 2, and anywhere in tributaries that flow into the 
Kuskokwim River within that district, from June 1 through September 8 
you may not take salmon by net gear or fish wheel for 16 hours before 
or during, and for 6 hours after each open commercial salmon fishing 
period in the district. You may subsistence fish for salmon with rod 
and reel 24 hours per day, 7 days per week, unless rod and reel are 
specifically restricted by paragraph (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