Subsistence Management Regulations for Public Lands in Alaska-2011-12 and 2012-13 Subsistence Taking of Fish and Shellfish Regulations, 12564-12587 [2011-5174]
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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations
minimum dosage of 13.5 mg/pound (lb)
(30 mg/kilogram (kg)) of body weight
spinosad and 0.2 mg/lb (0.5 mg/kg) of
body weight milbemycin oxime.
(2) Indications for use. To kill fleas;
for the prevention and treatment of flea
infestations (Ctenocephalides felis); for
the prevention of heartworm disease
(Dirofilaria immitis); and for the
treatment and control of adult
hookworm (Ancylostoma caninum),
adult roundworm (Toxocara canis and
Toxascaris leonina), and adult
whipworm (Trichuris vulpis) infections
in dogs and puppies 8 weeks of age or
older and 5 lbs of body weight or
greater.
(3) Limitations. Federal law restricts
this drug to use by or on the order of
a licensed veterinarian.
Dated: March 2, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
50 CFR Part 100
[Docket No. FWS–R7–SM–2009–0061;
70101–1261–0000L6]
RIN 1018–AW71
Subsistence Management Regulations
for Public Lands in Alaska—2011–12
and 2012–13 Subsistence Taking of
Fish and Shellfish Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCIES:
This final rule establishes
regulations for seasons, harvest limits,
methods, and means related to taking of
fish and shellfish for subsistence uses in
Alaska during the 2011–12 and 2012–13
regulatory years. The Federal
Subsistence Board (Board) completes
the biennial process of revising
subsistence hunting and trapping
regulations in even-numbered years and
subsistence fishing and shellfish
regulations in odd-numbered years;
public proposal and review processes
take place during the preceding year.
SUMMARY:
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• A Chair appointed by the Secretary
of the Interior with concurrence of the
Secretary of Agriculture;
The Board meeting
transcripts are available for review at
the Office of Subsistence Management,
1011 East Tudor Road, Mail Stop 121,
Anchorage, Alaska 99503, or on the
Office of Subsistence Management Web
site (https://alaska.fws.gov/asm/
index.cfml).
• The Alaska Regional Director, U.S.
National Park Service;
ADDRESSES:
Background
Fish and Wildlife Service
Consistent with subpart B of these
regulations, the Secretaries established a
Federal Subsistence Board to administer
the Federal Subsistence Management
Program. The Board is currently made
up of:
• The Alaska Regional Director, U.S.
Fish and Wildlife Service;
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE INTERIOR
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This rule is effective April 1,
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
2011.
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Steve Kessler,
Subsistence Program Leader, USDA,
Forest Service, Alaska Region, (907)
743–9461 or skessler@fs.fed.us.
BILLING CODE 4160–01–P
18:59 Mar 07, 2011
DATES:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2011–5144 Filed 3–7–11; 8:45 am]
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The Board also addresses customary and
traditional use determinations during
the applicable biennial cycle. This
rulemaking replaces the fish and
shellfish taking regulations that expire
on March 31, 2011. This rule also
revises the address of the Office of
Subsistence Management; the new
address should be used to obtain maps
delineating the boundaries of the
subsistence resource regions.
Under Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111–3126),
the Secretary of the Interior and the
Secretary of Agriculture (Secretaries)
jointly implement the Federal
Subsistence Management Program. This
program provides a preference for take
of fish and wildlife resources for
subsistence uses on Federal public
lands and waters in Alaska. The
Secretaries published temporary
regulations to carry out this program in
the Federal Register on June 29, 1990
(55 FR 27114), and final regulations
were published in the Federal Register
on May 29, 1992 (57 FR 22940). The
Program has subsequently amended
these regulations a number of times.
Because this program is a joint effort
between Interior and Agriculture, these
regulations are located in two titles of
the Code of Federal Regulations (CFR):
Title 36, ‘‘Parks, Forests, and Public
Property,’’ and Title 50, ‘‘Wildlife and
Fisheries,’’ at 36 CFR 242.1–28 and 50
CFR 100.1–28, respectively. The
regulations contain subparts as follows:
Subpart A, General Provisions; Subpart
B, Program Structure; Subpart C, Board
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• 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 C and D, which,
among other things, set forth program
eligibility and specific harvest seasons
and limits.
In administering the program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Regional
Advisory Council. The Regional
Advisory Councils provide a forum for
rural residents with personal knowledge
of local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Federal public lands in
Alaska. The Regional Advisory Council
members represent varied geographical,
cultural, and user interests within each
region.
The Board addresses customary and
traditional use determinations during
the applicable biennial cycle. Section
___.24 (customary and traditional use
determinations) was originally
published in the Federal Register on
May 29, 1992 (57 FR 22940). The
regulations at 36 CFR 242.4 and 50 CFR
100.4 define ‘‘customary and traditional
use’’ as ‘‘a long-established, consistent
pattern of use, incorporating beliefs and
customs which have been transmitted
from generation to generation. * * *’’
Since 1992, the Board has made a
number of customary and traditional
use determinations at the request of
affected subsistence users. Those
modifications, along with some
administrative corrections, were
published in the Federal Register as
follows:
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MODIFICATIONS TO § ll.24
Federal Register citation
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Date of publication
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May 27, 1994 ..............................................................
October 13, 1994 ........................................................
February 24, 1995 ......................................................
July 30, 1996 ..............................................................
May 29, 1997 ..............................................................
June 29, 1998 .............................................................
August 28, 1998 .........................................................
January 8, 1999 ..........................................................
July 1, 1999 ................................................................
June 30, 2000 .............................................................
February 13, 2001 ......................................................
June 25, 2001 .............................................................
February 7, 2002 ........................................................
June 28, 2002 .............................................................
February 12, 2003 ......................................................
Wildlife and Fish/Shellfish.
Wildlife and Fish/Shellfish.
Wildlife and Fish/Shellfish.
Wildlife and Fish/Shellfish.
Wildlife and Fish/Shellfish.
Wildlife and Fish/Shellfish.
Wildlife and Fish/Shellfish.
Fish/Shellfish.
Wildlife.
Wildlife.
Fish/Shellfish.
Wildlife.
Fish/Shellfish.
Wildlife.
Fish/Shellfish.
Note: The Board met May 20–22, 2003, but did not make any additional customary and traditional use determinations.
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37642 ................................................................
12676 ................................................................
February 3, 2004 ........................................................
July 1, 2004 ................................................................
March 21, 2005 ...........................................................
June 22, 2005 .............................................................
March 29, 2006 ...........................................................
June 30, 2006 .............................................................
March 16, 2007 ...........................................................
Fish/Shellfish.
Wildlife.
Fish/Shellfish.
Wildlife.
Fish/Shellfish.
Wildlife.
Fish/Shellfish.
Note: The Board met December 11–13, 2007, but did not make any additional customary and traditional use determinations.
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Current Rule
The Departments published a
proposed rule on January 15, 2010 (75
FR 2448), to amend the fish and
shellfish sections of subparts C and D of
36 CFR 242 and 50 CFR 100. The
proposed rule opened a comment
period, which closed on March 24,
2010. 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
21 proposals for changes to subparts C
and D; this included 2 proposals that
the Board had deferred from the
previous regulatory cycle. Four
proposals were withdrawn by the
proponent prior to the start of the public
review process. After the comment
period closed, the Board prepared a
booklet describing the proposals and
distributed it to the public. The
proposals were also available online.
The public then had an additional 30
days in which to comment on the
proposals for changes to the regulations.
The 10 Regional Advisory Councils
met again, received public comments,
and formulated their recommendations
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December 27, 2007 ....................................................
June 26, 2008 .............................................................
March 30, 2009 ...........................................................
June 30, 2010 .............................................................
to the Board on proposals for their
respective regions. The Regional
Advisory 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 January 18–20, 2011.
These final regulations reflect Board
review and consideration of Regional
Advisory Council recommendations and
public comments. The public received
extensive opportunity to review and
comment on all changes. In section
ll.24(a)(2), corrections to the spelling
of certain village names and an updated
format have been made, resulting in a
more readable document.
Of the 17 proposals, 15 were on the
Board’s regular agenda and 2 were on
the consensus agenda. The consensus
agenda is made up of proposals for
which there is agreement among the
affected Subsistence Regional Advisory
Councils, a majority of the Interagency
Staff Committee members, and the
Alaska Department of Fish and Game
concerning a proposed regulatory
action. Anyone may request that the
Board remove a proposal from the
consensus agenda and place it on the
non-consensus (regular) agenda. The
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Wildlife/Fish.
Wildlife.
Fish/Shellfish.
Wildlife.
Board votes en masse on the consensus
agenda after deliberation and action on
all other proposals. Of the proposals on
the consensus agenda, the Board
withdrew both proposals based on the
request of the proponent. This action
was consistent with Board policy and
was supported by each of the Regional
Advisory Council Chairs in the
management area. Analysis and
justification for each action are available
for review at the Office of Subsistence
Management, 1011 East Tudor Road,
Mail Stop 121, Anchorage, Alaska
99503, or on the Office of Subsistence
Management Web site (https://
alaska.fws.gov/asm/index.cfml). Of the
proposals on the regular agenda, the
Board adopted one; adopted three with
modification; rejected three; deferred
four; took no action on two; and
withdrew two based on the request of
the proponent. In section ll.22(b) an
administrative change was made to
reflect the current address of the Office
of Subsistence Management.
Summary of Non-Consensus Proposals
Not Adopted by the Board
The Board rejected, deferred,
withdrew, or took no action on 11 nonconsensus proposals. The rejected
proposals were recommended for
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rejection by one or more of the Regional
Advisory Councils unless noted below.
The Board withdrew 2 proposals in
the Yukon-Northern Area based on the
request of the proponent. This action
was consistent with Board policy and
was supported by each of the Regional
Advisory Council Chairs in the
management area.
The Board deferred a proposal in the
Yukon-Northern Area to restrict
customary trade of Chinook salmon on
the Yukon River to allow time for a
subcommittee made up of members
from the three Yukon River Regional
Advisory Councils to try to reach
consensus on a recommendation to the
Councils. The Board also took no action
on a similar proposal based on the
action of this proposal.
The Board rejected a proposal in the
Yukon-Northern Area to restrict gillnet
depth in Federal public waters of the
Yukon River based on concerns that this
proposal was not supported by
substantial evidence and would be
detrimental to the satisfaction of
subsistence needs for some users.
The Board rejected a proposal in the
Yukon-Northern Area to close Federal
public waters of the Yukon River to the
taking of first pulse Chinook salmon
from the mouth to the Canadian border
for 12 years. The Board took this action
because Federal and State managers
already have the authority to take action
to close this fishery for conservation
concerns and this proposal would be
detrimental to the satisfaction of
subsistence needs for some users.
The Board deferred a proposal in the
Yukon-Northern Area to subdivide an
existing subdistrict on the Yukon River.
This action would allow for additional
public input and time for Federal and
State managers to consider possible
courses of actions.
The Board took no action on a
proposal to extend the sockeye salmon
season in the Klawock River drainage
and Klawock Lake in the Southeast
Alaska Area based on its action on a
similar proposal.
The Board deferred a proposal to
close the eulachon fishery in sections
1C and 1D of the Southeast Alaska Area
to allow time for additional public input
and to address conservation concerns.
This action was contrary to the Council
recommendation, which was to adopt
the proposal with modification.
The Board continued a previous
deferral on a proposal to close Federal
public waters in the Makhnati Island
area of Southeast Alaska to the harvest
of herring and herring spawn except by
Federally qualified users. This action
was requested by the Council to allow
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time for peer review of a study
conducted by the Sitka Tribe of Alaska.
The Board rejected a previously
deferred proposal in Southeast Alaska to
determine a ‘‘no Federal subsistence
priority’’ be made for all fish in the
Juneau road system area. This action
was based on concerns that the proposal
was not supported by substantial
evidence and would be detrimental to
the satisfaction of subsistence needs for
users.
Summary of Non-Consensus Proposals
Adopted by the Board
The Board adopted or adopted with
modification four non-consensus
proposals. Modifications were suggested
by the affected Regional Council(s),
developed during the analysis process,
or developed during the Board’s public
deliberations. All of the adopted
proposals were recommended for
adoption by at least one of the Regional
Councils unless noted below.
Southeast Alaska
The Board adopted a proposal with
modification to eliminate the defined
sockeye salmon season and fishing
schedule in the Klawock River drainage
and Klawock Lake to provide additional
opportunity for subsistence users.
Kodiak
The Board adopted a proposal to
reduce the harvest limit of king crab
from six to three per household. This
action was based on continuing
conservation concerns.
The Board adopted a proposal with
modification to eliminate harvest limits
associated with subsistence permits
issued to Federally qualified subsistence
users who fish for salmon in Federal
public waters of the Kodiak Area that
cannot be accessed from the Kodiak
road system, except the mainland
district, and changed the recording
requirements from immediately upon
landing a fish to prior to leaving the
fishing site. This action was taken to
allow additional opportunity and
reduce the burden of reporting for
subsistence users.
Chignik
The Board adopted a proposal with
modification to expand the areas for
subsistence fishing using existing gear
types, except gillnets. This action was
taken to provide additional opportunity
for subsistence users.
Southcentral Alaska—Request for
Reconsideration
The Departments published a
proposed rule on April 17, 2008 (73 FR
20884), to amend subparts C and D of
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36 CFR part 242 and 50 CFR part 100.
The proposed rule opened a comment
period, which closed on June 30, 2008.
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
15 proposals for changes 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 Advisory
Councils met again, received public
comments, and formulated their
recommendations to the Board on
proposals for their respective regions.
The Regional Advisory 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 January 13–15, 2009.
The public had extensive opportunity to
review and comment on all changes.
One of the proposals rejected by the
Board was FP09–07, which requested
the Board to recognize a customary and
traditional use determination for
residents of Ninilchik for resident fish
in the Kenai Peninsula District waters
north of and including the Kenai River
drainage. The Board based its decision
on a lack of substantial evidence; this
decision was contrary to the modified
proposal recommendation of the
Southcentral Regional Advisory
Council.
On May 29, 2009, as provided for in
36 CFR 242.20 and 50 CFR 100.20, the
Ninilchik Traditional Council submitted
a request for reconsideration on the
Board’s decision to reject FP09–07. The
Board accepted the request for
reconsideration and initiated additional
staff analysis and review; after public
notice, the Board met again on
November 9, 2010, and readdressed this
proposal. After recommendations from
the applicable Council Chair, comments
from the Alaska Department of Fish and
Game, and members of the public, the
Board rescinded its earlier decision and
recognized a customary and traditional
use determination for residents of
Ninilchik for all fish in the Kenai
Peninsula District waters north of and
including the Kenai River drainage. The
Board based its decision on the
available information on the residents of
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Ninilchik’s use of resident fish species
in the Kenai River area, the
opportunistic nature of subsistence
uses, and the demonstrated history of
fishing activities by Ninilchik residents,
and concluded that Ninilchik residents
have customarily and traditionally used
resident fish species in the river.
These final regulations reflect Board
review and consideration of Regional
Council recommendations and public
comments. Because this rule concerns
public lands managed by an agency or
agencies in both the Departments of
Agriculture and the Interior, identical
text will be incorporated into 36 CFR
part 242 and 50 CFR part 100.
Conformance With Statutory and
Regulatory Authorities
Administrative Procedure Act
Compliance
The Board has provided extensive
opportunity for public input and
involvement in compliance with
Administrative Procedure Act
requirements, including publishing a
proposed rule in the Federal Register,
participation in multiple 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 (36 CFR
242.20 and 50 CFR 100.20). Therefore,
the Board believes that sufficient public
notice and opportunity for involvement
have been given to affected persons
regarding Board decisions.
In the more than 20 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.
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
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implement the preferred alternative
were included in the DEIS as an
appendix. The DEIS and the proposed
administrative regulations presented a
framework for a 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 comments
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
a 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
a regulatory cycle for the subsistence
taking of wildlife and fish. 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
Date of publication
Category
Details
57 FR 22940 ...........
May 29, 1992 ............
Final Rule ..................
64 FR 1276 .............
January 8, 1999 ........
Final Rule ..................
66 FR 31533 ...........
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citation
June 12, 2001 ...........
Interim Rule ...............
67 FR 30559 ...........
May 7, 2002 ..............
Final Rule ..................
68 FR 7703 .............
February 18, 2003 .....
Direct Final Rule ........
68 FR 23035 ...........
April 30, 2003 ............
Affirmation of Direct
Final Rule.
‘‘Subsistence Management Regulations for Public Lands in Alaska; Final
Rule’’ was published in the Federal Register.
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.
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.
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.
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.
Because no adverse comments were received on the direct final rule
(67 FR 30559), the direct final rule was adopted.
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SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C:—Continued
FEDERAL REGISTER DOCUMENTS PERTAINING TO THE FINAL RULE
Federal Register
citation
Date of publication
Category
Details
69 FR 60957 ...........
October 14, 2004 ......
Final Rule ..................
70 FR 76400 ...........
December 27, 2005 ..
Final Rule ..................
71 FR 49997 ...........
August 24, 2006 ........
Final Rule ..................
72 FR 25688 ...........
75 FR 63088 ...........
May 7, 2007 ..............
October 14, 2010 ......
Final Rule ..................
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.
Revised jurisdiction in marine waters and clarified jurisdiction relative to
military lands.
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.
Revised nonrural determinations.
Amended the regulations for accepting and addressing special action requests and the role of the Regional Advisory Councils in the process.
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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.
Section 810 of ANILCA
An ANILCA § 810 analysis was
completed as part of the FEIS process on
the Federal Subsistence Management
Program. The intent of all Federal
subsistence regulations is to accord
subsistence uses of fish and wildlife on
public lands a priority over the taking
of fish and wildlife on such lands for
other purposes, unless restriction is
necessary to conserve healthy fish and
wildlife populations. The final § 810
analysis determination appeared in the
April 6, 1992, ROD and concluded that
the Program, under Alternative IV with
an annual process for setting
subsistence regulations, may have some
local impacts on subsistence uses, but
will not likely restrict subsistence uses
significantly.
During the subsequent environmental
assessment process for extending
fisheries jurisdiction, an evaluation of
the effects of this rule was conducted in
accordance with § 810. That evaluation
also supported the Secretaries’
determination that the rule will not
reach the ‘‘may significantly restrict’’
threshold that would require notice and
hearings under ANILCA § 810(a).
Paperwork Reduction Act
An agency may not conduct or
sponsor and you are not required to
respond to a collection of information
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unless it displays a currently valid
Office of Management and Budget
(OMB) control number. This rule does
not contain any new collections of
information that require OMB approval.
OMB has reviewed and approved the
following collections of information
associated with the subsistence
regulations at 36 CFR part 242 and 50
CFR part 100: Subsistence hunting and
fishing applications, permits, and
reports, Federal Subsistence Regional
Advisory Council Membership
Application/Nomination and Interview
Forms (OMB Control No. 1018–0075
expires January 31, 2013).
Regulatory Planning and Review
(Executive Order 12866)
The Office of Management and Budget
(OMB) has determined that this rule is
not significant and has not reviewed
this rule under Executive Order 12866.
OMB bases its determination upon the
following four criteria:
(a) Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of the
government.
(b) Whether the rule will create
inconsistencies with other agencies’
actions.
(c) Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
(d) Whether the rule raises novel legal
or policy issues.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
preparation of flexibility analyses for
rules that will have a significant effect
on a substantial number of small
entities, which include small
businesses, organizations, or
PO 00000
Frm 00020
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governmental jurisdictions. In general,
the resources to be harvested under this
rule are already being harvested and
consumed by the local harvester and do
not result in an additional dollar benefit
to the economy. However, we estimate
that two million pounds of meat are
harvested by subsistence users annually
and, if given an estimated dollar value
of $3.00 per pound, this amount would
equate to about $6 million in food value
statewide. Based upon the amounts and
values cited above, the Departments
certify that this rulemaking will not
have a significant economic effect on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement
Fairness Act
Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.), this rule is not a major rule. It
does not have an effect on the economy
of $100 million or more, will not cause
a major increase in costs or prices for
consumers, and does not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this Program is limited by definition to
certain public lands. Likewise, these
regulations have no potential takings of
private property implications as defined
by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this rulemaking will not
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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations
impose a cost of $100 million or more
in any given year on local or State
governments or private entities. The
implementation of this rule is by
Federal agencies and there is no cost
imposed on any State or local entities or
Tribal governments.
Executive Order 12988
The Secretaries have determined that
these regulations meet the applicable
standards provided in §§ 3(a) and 3(b)(2)
of Executive Order 12988, regarding
civil justice reform.
Executive Order 13132
In accordance with Executive Order
13132, the rule does not have sufficient
Federalism implications to warrant the
preparation of a Federalism Assessment.
Title VIII of ANILCA precludes the State
from exercising subsistence
management authority over fish and
wildlife resources on Federal lands
unless it meets certain requirements.
Executive Order 13175
The Alaska National Interest Lands
Conservation Act does not provide
rights to Tribes for the subsistence
taking of wildlife, fish, and shellfish.
However, the Board provided Federally
recognized Tribes and Alaska Native
Corporations an opportunity to consult
on this rule. Consultation with Alaska
Native Corporations is based on Public
Law 108–199, div. H, Sec. 161, Jan. 23,
2004, 118 Stat. 452, as amended by
Public Law 108–447, div. H, title V, Sec.
518, Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native Corporations
on the same basis as Indian Tribes
under Executive Order No. 13175.’’
The Secretaries, through the Board,
provided a variety of opportunities for
Tribal consultation: Submitting
proposals to change the existing rule,
commenting on proposed changes to the
existing rule; engaging in dialogue at the
Regional Council meetings; engaging in
dialogue at the Board’s meetings; and
providing input in person, by mail, email, or phone at any time during this
rulemaking process.
On January 18, 2011, the Board
provided Federally recognized Tribes
and Alaska Native Corporations a
specific opportunity to consult on this
rule prior to the start of its public
regulatory meeting. Federally
recognized Tribes and Alaska Native
Corporations were notified by mail and
telephone and were given the
opportunity to attend in person or via
teleconference.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this rule is not a
significant regulatory action under E.O.
13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
Drafting Information
12569
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
Regulation Promulgation
For the reasons set out in the
preamble, the Federal Subsistence
Board amends title 36, part 242, and
title 50, part 100, of the Code of Federal
Regulations, as set forth below.
PART ll—SUBSISTENCE
MANAGEMENT REGULATIONS FOR
PUBLIC LANDS IN ALASKA
1. The authority citation for both 36
CFR part 242 and 50 CFR part 100
continues to read as follows:
■
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
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. Additional
assistance was provided by
• Daniel Sharp, Alaska State Office,
Bureau of Land Management;
• Sandy Rabinowitch and Nancy
Swanton, Alaska Regional Office,
National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Jerry Berg, Alaska Regional Office,
U.S. Fish and Wildlife Service; and
• Steve Kessler, Alaska Regional
Office, U.S. Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and
procedure, Alaska, Fish, National
2. In subpart C of 36 CFR part 242 and
50 CFR part 100, § ll.22(b) is revised
to read as follows:
■
§ ll.22
Subsistence resource regions.
*
*
*
*
*
(b) You may obtain maps delineating
the boundaries of subsistence resource
regions from the U.S. Fish and Wildlife
Service, 1011 East Tudor Road, MS 121,
Anchorage, Alaska 99503.
■ 3. In subpart C of 36 CFR part 242 and
50 CFR part 100, § ll.24(a)(2) is
revised to read as follows:
§ 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:
emcdonald on DSK2BSOYB1PROD with RULES
Area
Species
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 ........
YUKON-NORTHERN AREA:
Yukon River drainage ................................................
All fish .................................
Residents of the Kotzebue Area.
All fish .................................
Residents of Kotlik, St. Michael and Stebbins.
All fish .................................
Residents of the Norton Sound—Port Clarence Area.
Salmon, other than fall
chum salmon.
Fall chum salmon ...............
Residents of the Yukon River drainage and the community of Stebbins.
Residents of the Yukon River drainage and the communities of Chevak, Hooper Bay, Scammon Bay, and
Stebbins.
Residents of the Yukon-Northern Area.
Yukon River drainage ................................................
Yukon River drainage ................................................
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Determination
Freshwater fish (other than
salmon).
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Area
Species
Determination
Remainder of the Yukon-Northern Area ....................
All fish .................................
Tanana River drainage contained within the Tetlin
NWR and the Wrangell-St. Elias NPP.
Freshwater fish (other than
salmon).
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
Chistochina, Mentasta Lake, Slana, and all residents
living between Mentasta Lake and Chistochina.
KUSKOKWIM AREA:
Salmon ...............................
Rainbow trout .....................
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.
Ugashik District, including drainages flowing into the
district.
Togiak District ............................................................
Herring spawn on kelp .......
Remainder of the Bristol Bay Area ............................
ALEUTIAN ISLANDS AREA .............................................
All fish .................................
All fish .................................
ALASKA PENINSULA AREA ...........................................
CHIGNIK AREA ................................................................
All fish .................................
Salmon and fish other than
rainbow/steelhead trout.
emcdonald on DSK2BSOYB1PROD with RULES
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 ...............................................................
COOK INLET AREA:
Kenai Peninsula District—Waters north of and including the Kenai River drainage within the Kenai
National Wildlife Refuge and the Chugach National Forest.
Waters within the Kasilof River drainage within the
Kenai NWR.
Waters within Lake Clark National Park draining into
and including that portion of Tuxedni Bay within
the park.
Cook Inlet Area ..........................................................
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Salmon and freshwater fish
Salmon and freshwater fish
Residents of the Kuskokwim Area, except those persons residing on the United States military installations located on Cape Newenham, Sparrevohn
USAFB, and Tatalina USAFB.
Residents of the communities of Akiachak, Akiak,
Aniak, Atmautluak, Bethel, Chuathbaluk, Crooked
Creek, Eek, Goodnews Bay, Kasigluk, Kwethluk,
Lower Kalskag, Napakiak, Napaskiak, Nunapitchuk,
Oscarville,
Platinum,
Quinhagak,
Tuluksak,
Tuntutuliak, and Upper Kalskag.
Residents of the communities of Chefornak, Chevak,
Eek, Kipnuk, Kongiganak, Kwigillingok, Mekoryuk,
Newtok, Nightmute, Tununak, Toksook Bay, 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.
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 Bristol Bay Area.
Residents of the Aleutian Islands Area and the Pribilof
Islands.
Residents of the Alaska Peninsula Area.
Residents of the Chignik Area.
Salmon ...............................
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 Cooper Landing, Hope
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.
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Area
Species
Remainder of the Cook Inlet Area ............................
PRINCE WILLIAM SOUND AREA:
Southwestern District and Green Island ....................
12571
Determination
Salmon, Dolly Varden,
trout, char, grayling, and
burbot.
All rural residents.
Salmon ...............................
Residents of the Southwestern District, which is mainland waters from the outer point on the north shore
of Granite Bay to Cape Fairfield, and Knight Island,
Chenega Island, Bainbridge Island, Evans Island,
Elrington Island, Latouche Island and adjacent islands.
Residents of the villages of Tatitlek and Ellamar.
Salmon ...............................
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).
Salmon ...............................
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.
emcdonald on DSK2BSOYB1PROD 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
Salmon ...............................
Residents of Cantwell, Chisana, Chistochina, Chitina,
Copper Center, Dot Lake, Gakona, Gakona Junction,
Glennallen, Gulkana, Healy Lake, Kenny Lake, Lower
Tonsina, McCarthy, Mentasta Lake, Nabesna,
Northway, Slana, Tanacross, Tazlina, Tetlin, Tok,
Tonsina, and those individuals that live along the Tok
Cutoff from Tok to Mentasta Pass, and along the
Nabesna Road.
Residents of Cantwell, Chisana, Chistochina, Chitina,
Copper Center, Dot Lake, Gakona, Gakona Junction,
Glennallen, Gulkana, Healy Lake, Kenny Lake, Lower
Tonsina, McCarthy, Mentasta Lake, Nabesna,
Northway, Paxson-Sourdough, Slana, Tanacross,
Tazlina, Tetlin, Tok, Tonsina, and those individuals
that live along the Tok Cutoff from Tok to Mentasta
Pass, and along the Nabesna Road.
Residents of the Prince William Sound Area, except
those living in the Copper River drainage upstream of
Haley Creek.
Residents
of
Cantwell,
Chickaloon,
Chisana,
Chistochina, Chitina, Copper Center, Dot Lake,
Gakona, Gakona Junction, Glennallen, Gulkana,
Healy Lake, Kenny Lake, Lower Tonsina, McCarthy,
Mentasta Lake, Nabesna, Northway, PaxsonSourdough, Slana, Tanacross, Tazlina, Tetlin, Tok,
Tonsina, and those individuals that live along the Tok
Cutoff from Tok to Mentasta Pass, and along the
Nabesna Road.
Residents of the Prince William Sound Area and residents of Cantwell, Chickaloon, Chisana, Dot Lake,
Healy Lake, Northway, Tanacross, Tetlin, Tok, and
those individuals living along the Alaska Highway
from the Alaskan/Canadian border to Dot Lake, along
the Tok Cutoff from Tok to Mentasta Pass, and along
the 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 ...............................
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.
Freshwater fish ...................
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 .................................
Dolly Varden, trout, smelt,
and eulachon.
Salmon ...............................
All rural residents.
SOUTHEASTERN ALASKA AREA:
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Area
Species
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.
District 5—North of a line from Point Barrie to Boulder Point.
District 6 and waters draining into that District .........
Determination
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Residents of the City of Saxman.
Residents of the City of Saxman.
Residents living south of Sumner Strait and west of
Clarence Strait and Kashevaroff Passage.
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.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
All fish .................................
District 9—Section 9B north of the latitude of Swain
Point.
District 10—West of a line from Pinta Point to False
Point Pybus.
District 12—Section 12A, excluding the area south
of a line from Fishery Point to South Passage
point.
District 12—Section 12B ...........................................
District 12—Section 12A, the area south of a line
from Fishery Point to South Passage Point.
District 13—Section 13A, excluding the area south
of the latitude of Cape Edward.
District 13—Section 13A, south of the latitude of
Cape Edward.
District 13—Section 13B north of the latitude of
Redfish Cape.
District 13—Section 13C ...........................................
emcdonald on DSK2BSOYB1PROD with RULES
District 13—Section 13C east of the longitude of
Point Elizabeth.
District 13—Section 13C ...........................................
District 14 ...................................................................
Remainder of the Southeastern Alaska Area ...........
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All fish .................................
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
All fish .................................
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
Salmon, Dolly Varden,
trout, smelt, and
eulachon.
All fish .................................
Dolly Varden, trout, smelt,
and eulachon.
Salmon ...............................
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Residents of the City of Kake and in Kupreanof Island
drainages emptying into Keku Strait south of Point
White and north of the Portage Bay boat harbor.
Residents living south of Sumner Strait and 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 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 Kake and in Kupreanof Island
drainages emptying into Keku Strait south of Point
White and north of the Portage Bay boat harbor.
Residents of drainages flowing into Districts 12 and 14.
Residents of drainages flowing into Districts 12 and 14.
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 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 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 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 12A, 13A,
and District 14.
Residents of Southeastern Alaska and Yakutat Areas.
All rural residents.
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*
*
*
*
*
Subpart D—Subsistence Taking of
Fish and Wildlife
4. In subpart D of 36 CFR part 242 and
50 CFR part 100, § ___.27 is added to
read as follows:
■
emcdonald on DSK2BSOYB1PROD 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 paragraph (e) of this
section. 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.
(3) You may not possess, transport,
give, receive, or barter subsistence-taken
fish or their parts that have been taken
contrary to Federal law or regulation or
State law or regulation (unless
superseded by regulations in this part).
(b) 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 regulations in 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:
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(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 (b)(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,
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12573
except in the following areas where kegs
or buoys of any color, including red,
may be used:
(i) Yukon–Northern Area; and
(ii) Kuskokwim Area.
(8) You must have your first initial,
last name, and address plainly and
legibly inscribed on each keg, buoy,
stakes attached to gillnets, stakes
identifying gear fished under the ice,
and any other unattended fishing gear
which you use to take fish for
subsistence uses.
(9) You may not use explosives or
chemicals to take fish for subsistence
uses.
(10) You may not take fish for
subsistence uses within 300 feet of any
dam, fish ladder, weir, culvert or other
artificial obstruction, unless otherwise
indicated.
(11) Transactions between rural
residents. Rural residents may exchange
in customary trade subsistenceharvested fish, their parts, or their eggs,
legally taken under the regulations in
this part, for cash from other rural
residents. The Board may recognize
regional differences and regulates
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 percent of the annual harvest of
salmon by the household. No more than
50 percent of the annual household
limit may be sold under paragraphs
(b)(11) and (12) of this section 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
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recognize regional differences and
regulates 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 percent of
the annual household limit may be sold
under paragraphs (b)(11) and (12) of this
section 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
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permit. Harvest limits applicable to the
use of a rod and reel to take fish for
subsistence uses shall be as follows:
(i) If you are required to obtain a
subsistence fishing permit for an area,
that permit is required to take fish for
subsistence uses with rod and reel in
that area. The harvest and possession
limits for taking fish with a rod and reel
in those areas are the same as indicated
on the permit issued for subsistence
fishing with other gear types.
(ii) Except as otherwise provided for
in this section, if you are not required
to obtain a subsistence fishing permit
for an area, the harvest and possession
limits for taking fish for subsistence
uses with a rod and reel are the same
as for taking fish under State of Alaska
subsistence fishing regulations in those
same areas. If the State does not have a
specific subsistence season and/or
harvest limit for that particular species,
the limit shall be the same as for taking
fish under State of Alaska sport fishing
regulations.
(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
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Federal regulations (the Federal
fisheries manager will establish the
number, species, or place of taking if
necessary for conservation purposes);
(iii) Each person who takes fish under
this section must, as soon as practical,
and not more than 15 days after the
harvest, submit a written report to the
appropriate Federal fisheries manager,
specifying the harvester’s name and
address, the number and species of fish
taken, and the date and locations of the
taking; and
(iv) No permit is required for taking
under this section; however, the
harvester must be eligible to harvest the
resource under Federal regulations.
(c) 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 (d) of this section.
(2) 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 fishing
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.
(d) 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.
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(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.
(e) 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 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;
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(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.
(C) Federal public waters of the
Unalakleet River, upstream from the
mouth of the Chirosky River, are closed
to the taking of Chinook salmon from
July 1 to July 31, by all users. The BLM
field manager is authorized to open the
closed area to Federally qualified
subsistence users or to all users when
run strength warrants.
(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.
(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° West longitude, including
those waters draining into the Arctic
Ocean and the Chukchi Sea.
(i) Unless otherwise restricted in this
section, you may take fish in the
Yukon–Northern Area at any time. In
those locations where subsistence
fishing permits are required, only one
subsistence fishing permit will be
issued to each household per year. You
may subsistence fish for salmon with
rod and reel in the Yukon River
drainage 24 hours per day, 7 days per
week, unless rod and reel are
specifically otherwise restricted in
paragraph (e)(3) of this section.
(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
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12575
may be taken from 6 p.m. Sunday until
6 p.m. Tuesday and from 6 p.m.
Wednesday until 6 p.m. Friday;
(C) In District 6, excluding the
Kantishna River drainage, salmon may
be taken from 6 p.m. Friday until 6 p.m.
Wednesday.
(iv) During any State commercial
salmon fishing season closure of greater
than 5 days in duration, you may not
take salmon during the following
periods in the following districts:
(A) In District 4, excluding the
Koyukuk River drainage, salmon may
not be taken from 6 p.m. Friday until 6
p.m. Sunday;
(B) In District 5, excluding the Tozitna
River drainage and Subdistrict 5D,
salmon may not be taken from 6 p.m.
Sunday until 6 p.m. Tuesday.
(v) Except as provided in this section,
and except as may be provided by the
terms of a subsistence fishing permit,
you may take fish other than salmon at
any time.
(vi) In Districts 1, 2, 3, and Subdistrict
4A, excluding the Koyukuk and Innoko
River drainages, you may not take
salmon for subsistence purposes during
the 24 hours immediately before the
opening of the State commercial salmon
fishing season.
(vii) In Districts 1, 2, and 3:
(A) After the opening of the State
commercial salmon fishing season
through July 15, you may not take
salmon for subsistence for 18 hours
immediately before, during, and for 12
hours after each State commercial
salmon fishing period;
(B) After July 15, you may not take
salmon for subsistence for 12 hours
immediately before, during, and for 12
hours after each State commercial
salmon fishing period.
(viii) In Subdistrict 4A after the
opening of the State commercial salmon
fishing season, you may not take salmon
for subsistence for 12 hours
immediately before, during, and for 12
hours after each State commercial
salmon fishing period; however, you
may take Chinook salmon during the
State commercial fishing season, with
drift gillnet gear only, from 6 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
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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.
(A) In the Yukon River drainage, you
may not take salmon for subsistence
fishing using gillnets with stretched
mesh larger than 7.5 inches.
(B) [Reserved].
(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 by set gillnet, drift gillnet,
beach seine, fish wheel, long line, fyke
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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.
(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
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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
(e)(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.
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(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:
(A) Gillnets with 6-inch or smaller
stretched-mesh may not be more than 45
meshes in depth;
(B) Gillnets with greater than 6-inch
stretched-mesh may not be more than 35
meshes in depth.
(xv) You may not use subsistence set
and drift gillnets exceeding 15 fathoms
in length in Whitefish Lake in the Ophir
Creek drainage. You may not operate
more than one subsistence set or drift
gillnet at a time in Whitefish Lake in the
Ophir Creek drainage. You must check
the net at least once every 24 hours.
(xvi) You may take rainbow trout only
in accordance with the following
restrictions:
(A) You may take rainbow trout only
by the use of gillnets, dip nets, fyke
nets, handline, spear, rod and reel, or
jigging through the ice;
(B) You may not use gillnets, dip nets,
or fyke nets for targeting rainbow trout
from March 15 through June 15;
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(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.
(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.
(E) You may also take fish (except
rainbow trout) with a fyke net and lead
in tributaries of Lake Clark and the
tributaries of Sixmile Lake within and
adjacent to the exterior boundaries of
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Lake Clark National Park and Preserve
unless otherwise prohibited.
(1) You may use a fyke net and lead
only with a permit issued by the Federal
in-season manager.
(2) All fyke nets and leads must be
attended at all times while in use.
(3) All materials used to construct the
fyke net and lead must be made of wood
and be removed from the water when
the fyke net and lead is no longer in use.
(viii) The maximum lengths for set
gillnets used to take salmon are as
follows:
(A) You may not use set gillnets
exceeding 10 fathoms in length in the
Egegik River;
(B) In the remaining waters of the
area, you may not use set gillnets
exceeding 25 fathoms in length.
(ix) You may not operate any part of
a set gillnet within 300 feet of any part
of another set gillnet.
(x) You must stake and buoy each set
gillnet. Instead of having the identifying
information on a keg or buoy attached
to the gillnet, you may plainly and
legibly inscribe your first initial, last
name, and subsistence permit number
on a sign at or near the set gillnet.
(xi) You may not operate or assist in
operating subsistence salmon net gear
while simultaneously operating or
assisting in operating commercial
salmon net gear.
(xii) During State closed commercial
herring fishing periods, you may not use
gillnets exceeding 25 fathoms in length
for the subsistence taking of herring or
capelin.
(xiii) You may take fish other than
salmon, herring and capelin by gear
listed in this part unless restricted
under the terms of a subsistence fishing
permit.
(xiv) You may take salmon only under
authority of a State subsistence salmon
permit (permits are issued by ADF&G)
except when using a Federal permit for
fyke net and lead.
(xv) Only one State subsistence
fishing permit for salmon and one
Federal permit for use of a fyke net and
lead for all fish (except rainbow trout)
may be issued to each household per
year.
(xvi) In the Togiak River section and
the Togiak River drainage:
(A) You may not possess coho salmon
taken under the authority of a
subsistence fishing permit unless both
lobes of the caudal fin (tail) or the dorsal
fin have been removed.
(B) You may not possess salmon taken
with a drift gillnet under the authority
of a subsistence fishing permit unless
both lobes of the caudal fin (tail) or the
dorsal fin have been removed.
(xvii) You may take rainbow trout
only by rod and reel or jigging gear.
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Rainbow trout daily harvest and
possession limits are two per day/two in
possession with no size limit from April
10 through October 31 and five per day/
five in possession with no size limit
from November 1 through April 9.
(xviii) If you take rainbow trout
incidentally in other subsistence net
fisheries, or through the ice, you may
retain them for subsistence purposes.
(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,
Umnak, and Atka–Amlia Islands
Districts.
(ix) You may take no more than 250
salmon for subsistence purposes unless
otherwise specified on the subsistence
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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.
(7) Alaska Peninsula Area. The
Alaska Peninsula Area includes all
waters of Alaska on the north side of the
Alaska peninsula southwest of a line
from Cape Menshikof (57°28.34′ North
latitude, 157°55.84′ West longitude) to
Cape Newenham (58°39.00′ North
latitude, 162° West longitude) and east
of the longitude of Cape Sarichef Light
(164°55.70′ West longitude) and on the
south side of the Alaska Peninsula from
a line extending from Scotch Cape
through the easternmost tip of Ugamak
Island to a line extending 135° southeast
from Kupreanof Point (55°33.98′ North
latitude, 159°35.88′ West longitude).
(i) You may take fish, other than
salmon, rainbow/steelhead trout, or
char, at any time unless restricted under
the terms of a subsistence fishing
permit. If you take rainbow/steelhead
trout incidentally in other subsistence
net fisheries or through the ice, you may
retain them for subsistence purposes.
(ii) You may take salmon, trout, and
char only under the authority of a
subsistence fishing permit.
(iii) You must keep a record on the
reverse side of the permit of
subsistence-caught fish. You must
complete the record immediately upon
taking subsistence-caught fish and must
return it no later than October 31.
(iv) You may take salmon at any time,
except in those districts and sections
open to commercial salmon fishing
where salmon may not be taken during
the 24 hours before and 12 hours
following each State open weekly
commercial salmon fishing period, or as
may be specified on a subsistence
fishing permit.
(v) You may not subsistence fish for
salmon in the following waters:
(A) Russell Creek and Nurse Lagoon
and within 500 yards outside the mouth
of Nurse Lagoon;
(B) Trout Creek and within 500 yards
outside its mouth.
(vi) You may take salmon by seine,
gillnet, rod and reel, or with gear
specified on a subsistence fishing
permit. You may also take salmon
without a permit by snagging (by
handline or rod and reel), using a spear,
bow and arrow, or capturing by bare
hand.
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(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 no more than 250
salmon for subsistence purposes unless
otherwise specified on your subsistence
fishing permit.
(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 Kuprean
of 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 by gillnet in
Black Lake or any tributary to Black or
Chignik Lakes. You may take salmon in
the waters of Clark River and Home
Creek from their confluence with
Chignik Lake upstream 1 mile.
(A) In the open waters of Chignik
Lake, Chignik River, Clark River and
Home Creek you may take salmon by
gillnet under the authority of a
subsistence fishing permit.
(B) In the open waters of Clark River
and Home Creek you may take salmon
by snagging (handline or rod and reel),
spear, bow and arrow, or capture by
hand without a permit. The daily
harvest and possession limits using
these methods are five per day and five
in possession.
(iii) You may take salmon, trout, and
char only under the authority of a
subsistence fishing permit unless
otherwise indicated in this section or as
noted in the permit conditions.
(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
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must return it no later than the due date
listed on the permit.
(v) If you hold a commercial fishing
license, you may only subsistence fish
for salmon as specified on a subsistence
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. You may also
take salmon without a permit by
snagging (by handline or rod and reel),
using a spear, bow and arrow, or
capturing by bare hand.
(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 no more than 250
salmon for subsistence purposes unless
otherwise specified on the subsistence
fishing permit.
(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
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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) The annual limit for a subsistence
salmon fishing permit holder is as
follows:
(A) In the Federal public waters of
Kodiak Island, east of the line from Crag
Point south to the westernmost point of
Saltery Cove, including the waters of
Woody and Long Islands, and the salt
waters bordering this area within 1 mile
of Kodiak Island, excluding the waters
bordering Spruce Island, 25 salmon for
the permit holder plus an additional 25
salmon for each member of the same
household whose names are listed on
the permit: an additional permit may be
obtained upon request.
(B) In the remainder of the Kodiak
Area not described in paragraph
(e)(9)(v)(A) of this section, there is no
annual harvest limit for a subsistence
salmon fishing permit holder.
(vi) You must record on your
subsistence permit the number of
subsistence fish taken. You must record
all harvested fish prior to leaving the
fishing site, and must return the permit
by the due date marked on 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 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.
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(10) Cook Inlet Area. The Cook Inlet
Area includes all waters of Alaska
enclosed by a line extending east from
Cape Douglas (58°51.10′ N. Lat.) and a
line extending south from Cape Fairfield
(148°50.25′ W. Long.).
(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 subsistence net
fisheries, you may retain them for
subsistence purposes, unless otherwise
prohibited or provided for in this
section. With jigging gear through the
ice or rod and reel gear in open waters
there is an annual limit of two rainbow/
steelhead trout 20 inches or longer,
taken from Kenai Peninsula fresh
waters.
(ii) 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). For all fish
that must be marked and recorded on a
permit in this section, they must be
marked and recorded prior to leaving
the fishing site. The fishing site includes
the particular Federal public waters
and/or adjacent shoreline from which
the fish were harvested.
(iii) You may not take grayling or
burbot for subsistence purposes.
(iv) You may take only 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 and
5 AAC 57) unless modified herein.
Additionally for Federally managed
waters of the Kasilof and Kenai River
drainages:
(A) Residents of Ninilchik may take
sockeye, Chinook, coho, and pink
salmon through a dip net and a rod and
reel fishery on the upper mainstem of
the Kasilof River from a Federal
regulatory marker on the river below the
outlet of Tustumena Lake downstream
to a marker on the river approximately
2.8 miles below the Tustumena Lake
boat ramp. Residents using rod and reel
gear may fish with up to two baited
single or treble hooks. Other species
incidentally caught during the dip net
and rod and reel fishery may be retained
for subsistence uses, including up to
200 rainbow/steelhead trout taken
through August 15. After 200 rainbow/
steelhead trout have been taken in this
fishery or after August 15, all rainbow/
steelhead trout must be released unless
otherwise provided for in this section.
Before leaving the fishing site, all
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retained fish must be recorded on the
permit and marked by removing the
dorsal fin. Harvests must be reported
within 72 hours to the Federal fisheries
manager upon leaving the fishing site.
(1) Fishing for sockeye and Chinook
salmon will be allowed June 16–August
15.
(2) Fishing for coho and pink salmon
will be allowed June 16–October 31.
(3) Fishing for sockeye, Chinook,
coho, or pink salmon will end prior to
regulatory end dates if the annual total
harvest limit for that species is reached
or superseded by Federal special action.
(4) Each household may harvest their
annual sockeye, Chinook, coho, or pink
salmon limits in one or more days, and
each household member may fish with
a dip net or a rod and reel during this
time. Salmon taken in the Kenai River
system dip net and rod and reel fishery
will be included as part of each
household’s annual limit for the Kasilof
River.
(i) For sockeye salmon—annual total
harvest limit of 4,000; annual household
limits of 25 for each permit holder and
5 additional for each household
member;
(ii) For Chinook salmon—annual
harvest limit of 500; annual household
limit of 10 for each permit holder and
2 additional for each household
member;
(iii) For coho salmon—annual total
harvest limit of 500; annual household
limits of 10 for each permit holder and
2 additional for each household
member; and
(iv) For pink salmon—annual total
harvest limit of 500; annual household
limits of 10 for each permit holder and
2 additional for each household
member.
(B) In addition to the dip net and rod
and reel fishery on the upper mainstem
of the Kasilof River described under
paragraph (e)(10)(iv)(A) of this section,
residents of Ninilchik may also take
coho and pink salmon through a rod
and reel fishery in Tustumena Lake.
Before leaving the fishing site, all
retained salmon must be recorded on
the permit and marked by removing the
dorsal fin. Seasons, areas, harvest and
possession limits, and methods and
means for take are the same as for the
taking of these species under Alaska
sport fishing regulations (5 AAC 56),
except for the following methods and
means, and harvest and possession
limits:
(1) Fishing will be allowed with up to
two baited single or treble hooks.
(2) For coho salmon 16 inches and
longer, the daily harvest and possession
limits are four per day and four in
possession.
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(3) For pink salmon 16 inches and
longer, daily harvest and possession
limits are six per day and six in
possession.
(C) Resident fish species including
lake trout, rainbow/steelhead trout, and
Dolly Varden/Arctic char may be
harvested in Federally managed waters
of the Kasilof River drainage. Resident
fish species harvested in the Kasilof
River drainage under the conditions of
a Federal subsistence permit must be
marked by removing the dorsal fin
immediately after harvest and recorded
on the permit prior to leaving the
fishing site.
(1) Lake trout may be harvested with
rod and reel gear the entire year. For
fish 20 inches or longer, daily harvest
and possession limits are four per day
and four in possession. For fish less
than 20 inches, daily harvest and
possession limits are 15 per day and 15
in possession.
(2) Dolly Varden/Arctic char may be
harvested with rod and reel gear the
entire year. In flowing waters, daily
harvest and possession limits are four
per day and four in possession. In lakes
and ponds, daily harvest and possession
limits are 10 fish per day and 10 in
possession.
(3) Rainbow trout may be harvested
with rod and reel gear the entire year for
fish less than 20 inches in length. In
flowing waters, daily harvest and
possession limits are two per day and
two in possession. In lakes and ponds,
daily harvest and possession limits are
five per day and five in possession.
(4) You may fish in Tustumena Lake
with a gillnet, no longer than 10
fathoms, fished under the ice or jigging
gear used through the ice under
authority of a Federal subsistence
fishing permit. The total annual harvest
quota for this fishery is 200 lake trout,
200 rainbow trout, and 500 Dolly
Varden/Arctic char. The use of a gillnet
will be prohibited by special action after
the harvest quota of any species has
been met. For the jig fishery, annual
household limits are 30 fish in any
combination of lake trout, rainbow trout
or Dolly Varden/Arctic char.
(i) You may harvest fish under the ice
only in Tustumena Lake. Gillnets are
not allowed within a 1⁄4 mile radius of
the mouth of any tributary to
Tustumena Lake, or the outlet of
Tustumena Lake.
(ii) Permits will be issued by the
Federal fisheries manager or designated
representative, and will be valid for the
winter season, unless the season is
closed by special action.
(iii) All harvests must be reported
within 72 hours to the Federal fisheries
manager upon leaving the fishing site.
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Reported information must include
number of each species caught; number
of each species retained; length, depth
(number of meshes deep) and mesh size
of gillnet fished; fishing site; and total
hours fished. Harvest data on the permit
must be filled out before transporting
fish from the fishing site.
(iv) The gillnet must be checked at
least once in every 48-hour period.
(v) For unattended gear, the
permittee’s name and address must be
plainly and legibly inscribed on a stake
at one end of the gillnet.
(vi) Incidentally caught fish may be
retained and must be recorded on the
permit before transporting fish from the
fishing site.
(vii) Failure to return the completed
harvest permit by May 31 may result in
issuance of a violation notice and/or
denial of a future subsistence permit.
(D) Residents of Hope, Cooper
Landing, and Ninilchik may take only
sockeye salmon through a dip net and
a rod and reel fishery at one specified
site on the Russian River, and sockeye,
late-run Chinook, coho, and pink
salmon through a dip net/rod and reel
fishery at two specified sites on the
Kenai River below Skilak Lake and as
provided in this section. For Ninilchik
residents, salmon taken in the Kasilof
River Federal subsistence fish wheel,
and dip net/rod and reel fishery will be
included as part of each household’s
annual limit for the Kenai and Russian
Rivers’ dip net and rod and reel fishery.
For both Kenai River fishing sites below
Skilak Lake, incidentally caught fish
may be retained for subsistence uses,
except for early-run Chinook salmon
(unless otherwise provided for),
rainbow trout 18 inches or longer, and
Dolly Varden 18 inches or longer, which
must be released. For the Russian River
fishing site, incidentally caught fish
may be retained for subsistence uses,
except for early- and late-run Chinook
salmon, coho salmon, rainbow trout,
and Dolly Varden, which must be
released. Before leaving the fishing site,
all retained fish must be recorded on the
permit and marked by removing the
dorsal fin. Harvests must be reported
within 72 hours to the Federal fisheries
manager upon leaving the fishing site,
and permits must be returned to the
manager by the due date listed on the
permit. Chum salmon that are retained
are to be included within the annual
limit for sockeye salmon. Only residents
of Cooper Landing, Hope, and Ninilchik
may retain incidentally caught resident
species.
(1) The household dip net and rod
and reel gear fishery is limited to three
sites:
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(i) At the Kenai River Moose Range
Meadows site, dip netting is allowed
only from a boat from a Federal
regulatory marker on the Kenai River at
about river mile 29 downstream
approximately 2.5 miles to another
marker on the Kenai River at about river
mile 26.5. Residents using rod and reel
gear at this fishery site may fish from
boats or from shore with up to two
baited single or treble hooks June 15–
August 31. Seasonal riverbank closures
and motor boat restrictions are the same
as those listed in State of Alaska fishing
regulations (5 AAC 56 and 5 AAC 57
and 5 AAC 77.540).
(ii) At the Kenai River Mile 48 site,
dip netting is allowed while either
standing in the river or from a boat,
from Federal regulatory markers on both
sides of the Kenai River at about river
mile 48 (approximately 2 miles below
the outlet of Skilak Lake) downstream
approximately 2.5 miles to a marker on
the Kenai River at about river mile 45.5.
Residents using rod and reel gear at this
fishery site may fish from boats or from
shore with up to two baited single or
treble hooks June 15–August 31.
Seasonal riverbank closures and motor
boat restrictions are the same as those
listed in State of Alaska fishing
regulations (5 AAC 56, 5 AAC 57, and
5 AAC 77.540).
(iii) At the Russian River Falls site,
dip netting is allowed from a Federal
regulatory marker near the upstream
end of the fish ladder at Russian River
Falls downstream to a Federal
regulatory marker approximately 600
yards below Russian River Falls.
Residents using rod and reel gear at this
fishery site may not fish with bait at any
time.
(2) Fishing seasons are as follows:
(i) For sockeye salmon at all fishery
sites: June 15–August 15;
(ii) For late-run Chinook, pink, and
coho salmon at both Kenai River fishery
sites only: July 16–September 30; and
(iii) Fishing for sockeye, late-run
Chinook, coho, or pink salmon will
close by special action prior to
regulatory end dates if the annual total
harvest limit for that species is reached
or superseded by Federal special action.
(3) Each household may harvest their
annual sockeye, late-run Chinook, coho,
or pink salmon limits in one or more
days, and each household member may
fish with a dip net or rod and reel
during this time. Salmon taken in the
Kenai River system dip net and rod and
reel fishery by Ninilchik households
will be included as part of those
household’s annual limits for the
Kasilof River.
(i) For sockeye salmon—annual total
harvest limit of 4,000 (including any
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retained chum salmon); annual
household limits of 25 for each permit
holder and 5 additional for each
household member;
(ii) For late-run Chinook salmon—
annual total harvest limit of 1,000;
annual household limits of 10 for each
permit holder and 2 additional for each
household member;
(iii) For coho salmon—annual total
harvest limit of 3,000; annual household
limits of 20 for each permit holder and
5 additional for each household
member; and
(iv) For pink salmon—annual total
harvest limit of 2,000; annual household
limits of 15 for each permit holder and
5 additional for each household
member.
(E) For Federally managed waters of
the Kenai River and its tributaries, in
addition to the dip net and rod and reel
fisheries on the Kenai and Russian
rivers described under paragraph
(e)(10)(iv)(D) of this section, residents of
Hope, Cooper Landing, and Ninilchik
may take sockeye, Chinook, coho, pink,
and chum salmon through a separate
rod and reel fishery in the Kenai River
drainage. Before leaving the fishing site,
all retained fish must be recorded on the
permit and marked by removing the
dorsal fin. Permits must be returned to
the Federal fisheries manager by the due
date listed on the permit. Incidentally
caught fish, other than salmon, are
subject to regulations found in
paragraphs (e)(10)(iv)(F) and (G) of this
section. Seasons, areas (including
seasonal riverbank closures), harvest
and possession limits, and methods and
means (including motor boat
restrictions) for take are the same as for
the taking of these salmon species under
State of Alaska fishing regulations (5
AAC 56, 5 AAC 57 and 5 AAC 77.54),
except for the following harvest and
possession limits:
(1) In the Kenai River below Skilak
Lake, fishing is allowed with up to two
baited single or treble hooks June 15–
August 31.
(2) For early-run Chinook salmon less
than 46 inches or 55 inches or longer,
daily harvest and possession limits are
two per day and two in possession.
(3) For late-run Chinook salmon 20
inches and longer, daily harvest and
possession limits are two per day and
two in possession.
(4) Annual harvest limits for any
combination of early- and late-run
Chinook salmon are four for each permit
holder.
(5) For other salmon 16 inches and
longer, the combined daily harvest and
possession limits are six per day and six
in possession, of which no more than
four per day and four in possession may
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12581
be coho salmon, except for the
Sanctuary Area and Russian River, for
which no more than two per day and
two in possession may be coho salmon.
(F) For Federally managed waters of
the Kenai River and its tributaries below
Skilak Lake outlet at river mile 50,
residents of Cooper Landing, Hope, and
Ninilchik may take resident fish species
including lake trout, rainbow trout, and
Dolly Varden/Arctic char with jigging
gear through the ice or rod and reel gear
in open waters. Resident fish species
harvested in the Kenai River drainage
under the conditions of a Federal
subsistence permit must be marked by
removal of the dorsal fin immediately
after harvest and recorded on the permit
prior to leaving the fishing site. Seasons,
areas (including seasonal riverbank
closures), harvest and possession limits,
and methods and means (including
motor boat restrictions) for take are the
same as for the taking of these resident
species under State of Alaska fishing
regulations (5 AAC 56, 5 AAC 57, and
5 AAC 77.54), except for the following
harvest and possession limits:
(1) For lake trout 20 inches or longer,
daily harvest and possession limits are
four per day and four in possession. For
fish less than 20 inches, daily harvest
and possession limits are 15 per day and
15 in possession.
(2) In flowing waters, daily harvest
and possession limits for Dolly Varden/
Arctic char less than 18 inches in length
are one per day and one in possession.
In lakes and ponds, daily harvest and
possession limits are two per day and
two in possession. Only one of these
fish can be 20 inches or longer.
(3) In flowing waters, daily harvest
and possession limits for rainbow/
steelhead trout are one per day and one
in possession and must be less than 18
inches in length. In lakes and ponds,
daily harvest and possession limits are
two per day and two in possession of
which only one fish 20 inches or longer
may be harvested daily.
(G) For Federally managed waters of
the upper Kenai River and its tributaries
above Skilak Lake outlet at river mile
50, residents of Cooper Landing, Hope,
and Ninilchik may take resident fish
species including lake trout, rainbow
trout, and Dolly Varden/Arctic char
with jigging gear through the ice or rod
and reel gear in open waters. Resident
fish species harvested in the Kenai River
drainage under the conditions of a
Federal subsistence permit must be
marked by removal of the dorsal fin
immediately after harvest and recorded
on the permit prior to leaving the
fishing site. Seasons, areas (including
seasonal riverbank closures), harvest
and possession limits, and methods and
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means (including motor boat
restrictions) for take are the same as for
the taking of these resident species
under Alaska fishing regulations (5 AAC
56, 5 AAC 57, 5 AAC 77.54), except for
the following harvest and possession
limits:
(1) For lake trout 20 inches or longer,
daily harvest and possession limits are
four per day and four in possession. For
fish less than 20 inches, daily harvest
and possession limits are 15 fish per day
and 15 in possession. For Hidden Lake,
daily harvest and possession limits are
two per day and two in possession
regardless of size.
(2) In flowing waters, daily harvest
and possession limits for Dolly Varden/
Arctic char less than 16 inches are one
per day and one in possession. In lakes
and ponds, daily harvest and possession
limits are two per day and two in
possession of which only one fish 20
inches or longer may be harvested daily.
(3) In flowing waters, daily harvest
and possession limits for rainbow/
steelhead trout are one per day and one
in possession and it must be less than
16 inches in length. In lakes and ponds,
daily harvest and possession limits are
two per day and two in possession of
which only one fish 20 inches or longer
may be harvested daily.
(H) Residents of Ninilchik may
harvest sockeye, Chinook, coho, and
pink salmon through a fish wheel
fishery in the Federal public waters of
the upper mainstem of the Kasilof River.
Residents of Ninilchik may retain other
species incidentally caught in the
Kasilof River except for rainbow/
steelhead trout, which must be released
and returned unharmed to the water.
(1) Only one fish wheel can be
operated on the Kasilof River. The fish
wheel must have a live box, must be
monitored when fishing, must be
stopped from fishing when it is not
being monitored or used, and must be
installed and operated in compliance
with any regulations and restrictions for
its use within the Kenai National
Wildlife Refuge.
(2) One registration permit will be
available and will be awarded by the
Federal in-season fishery manager, in
consultation with the Kenai National
Wildlife Refuge manager, based on the
merits of the operation plan. The
registration permit will be issued to an
organization that, as the fish wheel
owner, will be responsible for its
construction, installation, operation,
use, and removal in consultation with
the Federal fishery manager. The owner
may not rent or lease the fish wheel for
personal gain. As part of the permit, the
organization must:
(i) Prior to the season, provide a
written operation plan to the Federal
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fishery manager including a description
of how fishing time and fish will be
offered and distributed among
households and residents of Ninilchik;
(ii) During the season, mark the fish
wheel with a wood, metal, or plastic
plate at least 12 inches high by 12
inches wide that is permanently affixed
and plainly visible, and that contains
the following information in letters and
numerals at least 1 inch high:
registration permit number;
organization’s name and address; and
primary contact person name and
telephone number;
(iii) After the season, provide written
documentation of required evaluation
information to the Federal fishery
manager including, but not limited to,
person or households operating the gear,
hours of operation, and number of each
species caught and retained or released.
(3) People operating the fish wheel
must:
(i) Have a valid Federal subsistence
fishing permit in their possession;
(ii) If they are not the fish wheel
owner, attach an additional wood,
metal, or plastic plate at least 12 inches
high by 12 inches wide to the fish wheel
that is plainly visible, and that contains
their fishing permit number, name, and
address in letters and numerals at least
1 inch high;
(iii) Remain on site to monitor the fish
wheel and remove all fish at least every
hour;
(iv) Before leaving the site, mark all
retained fish by removing their dorsal
fin and record all retained fish on their
fishing permit; and
(v) Within 72 hours of leaving the site,
report their harvest to the Federal
fisheries manager.
(4) The fish wheel owner
(organization) may operate the fish
wheel for subsistence purposes on
behalf of residents of Ninilchik by
requesting a subsistence fishing permit
that:
(i) Identifies a person who will be
responsible for operating the fish wheel;
(ii) Includes provisions for recording
daily catches, the household to whom
the catch was given, and other
information determined to be necessary
for effective resource management by
the Federal fishery manager.
(5) Fishing will be allowed from June
16 through October 31 on the Kasilof
River unless closed or otherwise
restricted by Federal special action.
(6) Salmon taken in the fish wheel
fishery will be included as part of dip
net/rod and reel fishery annual total
harvest limits for the Kasilof River and
as part of dip net/rod and reel
household annual limits of participating
households.
(7) Fishing for each salmon species
will end and the fishery will be closed
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by Federal special action prior to
regulatory end dates if the annual total
harvest limit for that species is reached
or superseded by Federal special action.
(8) This regulation expires December
31, 2011, or 3 years after the first
installation of the fish wheel, which
ever comes first, or unless renewed by
the Federal Subsistence Board.
(9) You may take smelt with dip nets
in fresh water only from April 1–June
15. There are no harvest or possession
limits for smelt.
(10) Gillnets may not be used in fresh
water, except for the taking of whitefish
in the Tyone River drainage and as
otherwise provided for in this Cook
Inlet section.
(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 paragraph
(e)(11) of this section.
(A) In the Prince William Sound Area
within Chugach National Forest and in
the Copper River drainage downstream
of Haley Creek you may accumulate
Federal subsistence fishing harvest
limits with harvest limits under State of
Alaska sport fishing regulations
provided that accumulation of fishing
harvest limits does not occur during the
same day.
(B) You may accumulate harvest
limits of salmon authorized for the
Copper River drainage upstream from
Haley Creek with harvest limits for
salmon authorized under State of Alaska
sport fishing regulations.
(ii) You may take fish by gear listed
in paragraph (b)(1) of this section unless
restricted in this section or under the
terms of a subsistence fishing permit.
(iii) If you catch rainbow/steelhead
trout incidentally in other subsistence
net fisheries, you may retain them for
subsistence purposes, unless restricted
in this section.
(iv) In the Copper River drainage, you
may take salmon only in the waters of
the Upper Copper River District, or in
the vicinity of the Native Village of
Batzulnetas.
(v) In the Upper Copper River District,
you may take salmon only by fish
wheels, rod and reel, or dip nets.
(vi) Rainbow/steelhead trout and
other freshwater fish caught incidentally
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to salmon by fish wheel in the Upper
Copper River District may be retained.
(vii) Freshwater fish other than
rainbow/steelhead trout caught
incidentally to salmon by dip net in the
Upper Copper River District may be
retained. Rainbow/steelhead trout
caught incidentally to salmon by dip net
in the Upper Copper River District must
be released unharmed to the water.
(viii) You may not possess salmon
taken under the authority of an Upper
Copper River District subsistence
fishing permit, or rainbow/steelhead
trout caught incidentally to salmon by
fish wheel, unless the anal fin has been
immediately removed from the fish. You
must immediately record all retained
fish on the subsistence permit.
Immediately means prior to concealing
the fish from plain view or transporting
the fish more than 50 feet from where
the fish was removed from the water.
(ix) You may take salmon in the
Upper Copper River District from May
15 through September 30 only.
(x) The total annual harvest limit for
subsistence salmon fishing permits in
combination for the Glennallen
Subdistrict and the Chitina Subdistrict
is as follows:
(A) For a household with 1 person, 30
salmon, of which no more than 5 may
be Chinook salmon taken by dip net and
no more than 5 Chinook taken by rod
and reel;
(B) For a household with 2 persons,
60 salmon, of which no more than 5
may be Chinook salmon taken by dip
net and no more than 5 Chinook taken
by rod and reel, plus 10 salmon for each
additional person in a household over 2
persons, except that the household’s
limit for Chinook salmon taken by dip
net or rod and reel does not increase;
(C) Upon request, permits for
additional salmon will be issued for no
more than a total of 200 salmon for a
permit issued to a household with 1
person, of which no more than 5 may
be Chinook salmon taken by dip net and
no more than 5 Chinook taken by rod
and reel, or no more than a total of 500
salmon for a permit issued to a
household with 2 or more persons, of
which no more than 5 may be Chinook
salmon taken by dip net and no more
than 5 Chinook taken by rod and reel.
(xi) The following apply to Upper
Copper River District subsistence
salmon fishing permits:
(A) Only one subsistence fishing
permit per subdistrict will be issued to
each household per year. If a household
has been issued permits for both
subdistricts in the same year, both
permits must be in your possession and
readily available for inspection while
fishing or transporting subsistence-taken
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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 paragraph (e)(11)
of this section and during fishing
operations;
(E) Only the permit holder and the
authorized member(s) of the household
listed on the subsistence permit may
take salmon;
(F) You must personally operate your
fish wheel or dip net;
(G) You may not loan or transfer a
subsistence fish wheel or dip net permit
except as permitted.
(xii) If you are a fish wheel owner:
(A) You must register your fish wheel
with ADF&G or the Federal Subsistence
Board;
(B) Your registration number and a
wood, metal, or plastic plate at least 12
inches high by 12 inches wide bearing
either your name and address, or your
Alaska driver’s license number, or your
Alaska State identification card number
in letters and numerals at least 1 inch
high, must be permanently affixed and
plainly visible on the fish wheel when
the fish wheel is in the water;
(C) Only the current year’s registration
number may be affixed to the fish
wheel; you must remove any other
registration number from the fish wheel;
(D) You must check your fish wheel
at least once every 10 hours and remove
all fish;
(E) You are responsible for the fish
wheel; you must remove the fish wheel
from the water at the end of the permit
period;
(F) You may not rent, lease, or
otherwise use your fish wheel used for
subsistence fishing for personal gain.
(xiii) If you are operating a fish wheel:
(A) You may operate only one fish
wheel at any one time;
(B) You may not set or operate a fish
wheel within 75 feet of another fish
wheel;
(C) No fish wheel may have more than
two baskets;
(D) If you are a permittee other than
the owner, you must attach an
additional wood, metal, or plastic plate
at least 12 inches high by 12 inches
wide, bearing your name and address in
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12583
letters and numerals at least 1 inch high,
to the fish wheel so that the name and
address are plainly visible.
(xiv) A subsistence fishing permit
may be issued to a village council, or
other similarly qualified organization
whose members operate fish wheels for
subsistence purposes in the Upper
Copper River District, to operate fish
wheels on behalf of members of its
village or organization. The following
additional provisions apply to
subsistence fishing permits issued
under this paragraph (e)(11)(xiv) of this
section:
(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 (e)(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 (e)(11)(xii) of
this section; and other information
determined to be necessary for effective
resource management.
(xv) You may take salmon in the
vicinity of the former Native village of
Batzulnetas only under the authority of
a Batzulnetas subsistence salmon
fishing permit available from the
National Park Service under the
following conditions:
(A) You may take salmon only in
those waters of the Copper River
between National Park Service
regulatory markers located near the
mouth of Tanada Creek and
approximately one-half mile
downstream from that mouth and in
Tanada Creek between National Park
Service regulatory markers identifying
the open waters of the creek;
(B) You may use only fish wheels, dip
nets, and rod and reel on the Copper
River and only dip nets, spears, fyke
nets, and rod and reel in Tanada Creek.
One fyke net and associated lead may be
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used in Tanada Creek upstream of the
National Park Service weir;
(C) You may take salmon only from
May 15 through September 30 or until
the season is closed by special action;
(D) You may retain Chinook salmon
taken in a fish wheel in the Copper
River. You must return to the water
unharmed any Chinook salmon caught
in Tanada Creek;
(E) You must return the permit to the
National Park Service no later than
October 15 of the year the permit was
issued;
(F) You may only use a fyke net after
consultation with the in-season
manager. You must be present when the
fyke net is actively fishing. You may
take no more than 1,000 sockeye salmon
in Tanada Creek with a fyke net;
(xvi) You may take pink salmon for
subsistence purposes from fresh water
with a dip net from May 15 through
September 30, 7 days per week, with no
harvest or possession limits in the
following areas:
(A) Green Island, Knight Island,
Chenega Island, Bainbridge Island,
Evans Island, Elrington Island, Latouche
Island, and adjacent islands, and the
mainland waters from the outer point of
Granite Bay located in Knight Island
Passage to Cape Fairfield;
(B) Waters north of a line from
Porcupine Point to Granite Point, and
south of a line from Point Lowe to
Tongue Point.
(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 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.
(iii) 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.
(iv) 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
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bait, you must retain all Federally
regulated 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.
(v) 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.
(vi) You may block up to two-thirds
of a stream with a gillnet or seine used
for subsistence fishing.
(vii) You must immediately remove
both lobes of the caudal (tail) fin from
subsistence-caught salmon when taken.
(viii) You may not possess
subsistence-taken and sport-taken
salmon on the same day.
(ix) You must possess a subsistence
fishing permit to take Dolly Varden. The
daily harvest and possession limit is 10
Dolly Varden of any size.
(13) Southeastern Alaska Area. The
Southeastern Alaska Area includes all
waters between a line projecting
southwest from the westernmost tip of
Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or
under the terms of a subsistence fishing
permit, you may take fish other than
salmon, trout, grayling, and char in the
Southeastern Alaska Area at any time.
(ii) You must possess a subsistence
fishing permit to take salmon, trout,
grayling, or char. You must possess a
subsistence fishing permit to take
eulachon from any freshwater stream
flowing into fishing Sections 1C or 1D.
(iii) In the Southeastern Alaska Area,
a rainbow trout is defined as a fish of
the species Oncorhyncus mykiss less
than 22 inches in overall length. A
steelhead is defined as a rainbow trout
with an overall length of 22 inches or
larger.
(iv) 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.
(A) For streams with steelhead, once
your daily, seasonal, or annual limit of
steelhead is harvested, you may no
longer fish with bait for any species.
(B) Unless otherwise specified in this
paragraph (e)(13) of this section,
allowable gear for salmon or steelhead
is restricted to gaffs, spears, gillnets,
seines, dip nets, cast nets, handlines, or
rod and reel.
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(v) Unless otherwise specified in this
paragraph (e)(13) of this section, you
may use a handline for snagging salmon
or steelhead.
(vi) You may fish with a rod and reel
within 300 feet of a fish ladder unless
the site is otherwise posted by the
USDA Forest Service. You may not fish
from, on, or in a fish ladder.
(vii) You may not accumulate Federal
subsistence harvest limits authorized for
the Southeastern Alaska Area with any
harvest limits authorized under any
State of Alaska fishery with the
following exception: Annual or seasonal
Federal subsistence harvest limits may
be accumulated with State sport fishing
harvest limits provided that
accumulation of harvest limits does not
occur during the same day.
(viii) If you take salmon, trout, or char
incidentally with gear operated under
terms of a subsistence permit for other
salmon, they may be kept for
subsistence purposes. You must report
any salmon, trout, or char taken in this
manner on your subsistence fishing
permit.
(ix) 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 fish of a given
species on the same day.
(xii) If a harvest limit is not otherwise
listed for sockeye in paragraph (e)(13) of
this section, 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) The Sarkar River system above
the bridge is closed to the use of all nets
by both Federally qualified and nonFederally qualified users.
(xiv) You may take Chinook, sockeye,
and coho salmon in the mainstem of the
Stikine River only under the authority
of a Federal subsistence fishing permit.
Each Stikine River permit will be issued
to a household. Only dip nets, spears,
gaffs, rod and reel, beach seine, or
gillnets not exceeding 15 fathoms in
length may be used. The maximum
gillnet mesh size is 51⁄2; inches, 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
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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 1 through October 1. The annual
limit is 20 coho salmon per household.
(D) You may retain other salmon
taken incidentally by gear operated
under terms of this permit. The
incidentally taken salmon must be
reported on your permit calendar.
(E) 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.
(xv) You may take coho salmon with
a Federal salmon fishing permit. There
is no closed season. The daily harvest
limit is 20 coho salmon per household.
Only dip nets, spears, gaffs, handlines,
and rod and reel may be used. There are
specific rules to harvest any salmon on
the Stikine River, and you must have a
separate Stikine River subsistence
salmon fishing permit to take salmon on
the Stikine River.
(xvi) Unless noted on a Federal
subsistence harvest permit, there are no
harvest limits for pink or chum salmon.
(xvii) Unless otherwise specified in
paragraph (e)(13) of this section, you
may take steelhead under the terms of
a subsistence fishing permit. The open
season is January 1 through May 31. The
daily household harvest and possession
limit is one with an annual household
limit of two. You may only use a dip
net, gaff, handline, spear, or rod and
reel. The permit conditions and systems
to receive special protection will be
determined by the local Federal
fisheries manager in consultation with
ADF&G.
(xviii) You may take steelhead trout
on Prince of Wales and Kosciusko
Islands under the terms of Federal
subsistence fishing permits. You must
obtain a separate permit for the winter
and spring seasons.
(A) The winter season is December 1
through the last day of February, with
a harvest limit of two fish per
household. 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
the 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
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will be determined by the local Federal
fisheries manager in consultation with
ADF&G.
(B) The spring season is March 1
through May 31, with a harvest limit of
five fish per household. 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.
(xix) In addition to the requirement
for a Federal subsistence fishing permit,
the following restrictions for the harvest
of Dolly Varden, brook trout, grayling,
cutthroat, and rainbow trout apply:
(A) The daily household harvest and
possession limit is 20 Dolly Varden;
there is no closed season or size limit;
(B) The daily household harvest and
possession limit is 20 brook trout; there
is no closed season or size limit;
(C) The daily household harvest and
possession limit is 20 grayling; there is
no closed season or size limit;
(D) The daily household harvest limit
is 6 and the household possession limit
is 12 cutthroat or rainbow trout in
combination; there is no closed season
or size limit;
(E) You may only use a rod and reel;
(F) The permit conditions and
systems to receive special protection
will be determined by the local Federal
fisheries manager in consultation with
ADF&G.
(xx) There is no subsistence fishery
for any salmon on the Taku River.
5. In subpart D of 36 CFR part 242 and
50 CFR part 100, § ___.28 is added to
read as follows:
■
§ ___.28
Subsistence taking of shellfish.
(a) Covered species.
(1) Regulations in this section apply
to subsistence taking of Dungeness crab,
king crab, Tanner crab, shrimp, clams,
abalone, and other shellfish or their
parts.
(2) 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.
(b) Methods, means, and general
restrictions.
(1) The harvest limit specified in this
section for a subsistence season for a
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12585
species and the State harvest limit set
for a State season for the same species
are not cumulative. This means that if
you have taken the harvest limit for a
particular species under a subsistence
season specified in this section, you
may not, after that, take any additional
shellfish of that species under any other
harvest limit specified for a State
season.
(2) Unless otherwise provided in this
section or under terms of a required
subsistence fishing permit (as may be
modified by this section), you may use
the following legal types of gear to take
shellfish:
(i) Abalone iron;
(ii) Diving gear;
(iii) A grappling hook;
(iv) A handline;
(v) A hydraulic clam digger;
(vi) A mechanical clam digger;
(vii) A pot;
(viii) A ring net;
(ix) A scallop dredge;
(x) A sea urchin rake;
(xi) A shovel; and
(xii) A trawl.
(3) You are prohibited from buying or
selling subsistence-taken shellfish, their
parts, or their eggs, unless otherwise
specified.
(4) You may not use explosives and
chemicals, except that you may use
chemical baits or lures to attract
shellfish.
(5) Marking requirements for
subsistence shellfish gear are as follows:
(i) You must plainly and legibly
inscribe your first initial, last name, and
address on a keg or buoy attached to
unattended subsistence fishing gear,
except when fishing through the ice,
when you may substitute for the keg or
buoy a stake inscribed with your first
initial, last name, and address inserted
in the ice near the hole; subsistence
fishing gear may not display a
permanent ADF&G vessel license
number;
(ii) Kegs or buoys attached to
subsistence crab pots also must be
inscribed with the name or United
States Coast Guard number of the vessel
used to operate the pots.
(6) Pots used for subsistence fishing
must comply with the escape
mechanism requirements found in
§ 100.27(b)(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.
(c) Taking shellfish by designated
harvest permit.
(1) Any species of shellfish that may
be taken by subsistence fishing under
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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.
(d) Permit requirements. If a
subsistence shellfish permit is required
by this section, the following conditions
apply unless otherwise specified by the
subsistence regulations in this section:
(1) You may not take shellfish for
subsistence in excess of the limits set
out in the permit unless a different limit
is specified in this section.
(2) You must obtain a permit prior to
subsistence fishing.
(3) You must have the permit in your
possession and readily available for
inspection while taking or transporting
the species for which the permit is
issued.
(4) The permit may designate the
species and numbers of shellfish to be
harvested, time and area of fishing, the
type and amount of fishing gear and
other conditions necessary for
management or conservation purposes.
(5) If specified on the permit, you
must keep accurate daily records of the
catch involved, showing the number of
shellfish taken by species, location and
date of the catch, and such other
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
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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.
(e) 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.
(f) Size restrictions. You may not take
or possess shellfish smaller than the
minimum legal size limits.
(g) 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.
(h) Charter and related operations.
(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 Federally
qualified subsistence user;
(ii) The gear has been marked with the
client’s or guest’s name and address;
and
(iii) The shellfish is to be consumed
by the client or guest or is consumed in
the presence of the client or guest.
(2) The captain and crewmembers of
a charter vessel may not deploy, set, or
retrieve their own gear in a subsistence
shellfish fishery when that vessel is
being chartered.
(i) Subsistence shellfish areas and
pertinent restrictions.
(1) Southeastern Alaska—Yakutat
Area. No marine waters are currently
identified under Federal subsistence
management jurisdiction, except the
marine waters occurring in the vicinity
of Makhnati Island as described in
§ __.3(b)(5) of these regulations.
(2) Prince William Sound Area. No
marine waters are currently identified
under Federal subsistence management
jurisdiction.
(3) Cook Inlet Area.
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(i) You may take shellfish for
subsistence purposes only as allowed in
paragraph (i)(3) of this section.
(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 two pots per person,
regardless of type, with a maximum of
two pots per vessel, regardless of type,
may be used to take Tanner crab.
(iv) In the subsistence taking of clams:
(A) The daily harvest and possession
limit for littleneck clams is 1,000 and
the minimum size is 1.5 inches in
length;
(B) The daily harvest and possession
limit for butter clams is 700 and the
minimum size is 2.5 inches in length.
(v) Other than as specified in this
section, there are no harvest, possession,
or size limits for other shellfish, and the
season is open all year.
(4) Kodiak Area.
(i) You may take crab for subsistence
purposes only under the authority of a
subsistence crab fishing permit issued
by the ADF&G.
(ii) The operator of a commercially
licensed and registered shrimp fishing
vessel must obtain a subsistence fishing
permit from the ADF&G before
subsistence shrimp fishing during a
State closed commercial shrimp fishing
season or within a closed commercial
shrimp fishing district, section, or
subsection. The permit must specify the
area and the date the vessel operator
intends to fish. No more than 500
pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(iii) The daily harvest and possession
limit is 12 male Dungeness crabs per
person; only male Dungeness crabs with
a shell width of 61⁄2 inches or greater
may be taken or possessed. Taking of
Dungeness crab is prohibited in water
25 fathoms or more in depth during the
14 days immediately before the State
opening of a commercial king or Tanner
crab fishing season in the location.
(iv) In the subsistence taking of king
crab:
(A) The annual limit is three 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.
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(C) You may only use one crab pot,
which may be of any size, to take king
crab.
(D) You may take king crab only from
June 1 through January 31, except that
the subsistence taking of king crab is
prohibited in waters 25 fathoms or
greater in depth during the period 14
days before and 14 days after State open
commercial fishing seasons for red king
crab, blue king crab, or Tanner crab in
the location.
(E) The waters of the Pacific Ocean
enclosed by the boundaries of Womens
Bay, Gibson Cove, and an area defined
by a line 1⁄2 mile on either side of the
mouth of the Karluk River, and
extending seaward 3,000 feet, and all
waters within 1,500 feet seaward of the
shoreline of Afognak Island are closed
to the harvest of king crab except by
Federally qualified subsistence users.
(v) In the subsistence taking of Tanner
crab:
(A) You may not use more than five
crab pots to take Tanner crab.
(B) You may not take Tanner crab in
waters 25 fathoms or greater in depth
during the 14 days immediately before
the opening of a State commercial king
or Tanner crab fishing season in the
location.
(C) The daily harvest and possession
limit per person is 12 male crabs with
a shell width 51⁄2 inches or greater.
(5) Alaska Peninsula—Aleutian
Islands Area.
(i) The operator of a commercially
licensed and registered shrimp fishing
vessel must obtain a subsistence fishing
permit from the ADF&G prior to
subsistence shrimp fishing during a
closed State commercial shrimp fishing
season or within a closed commercial
shrimp fishing district, section, or
subsection; the permit must specify the
area and the date the vessel operator
intends to fish; no more than 500
pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(ii) The daily harvest and possession
limit is 12 male Dungeness crabs per
person; only crabs with a shell width of
51⁄2 inches or greater may be taken or
possessed.
(iii) In the subsistence taking of king
crab:
(A) The daily harvest and possession
limit is six male crabs per person; only
crabs with a shell width of 61⁄2 inches
or greater may be taken or possessed;
(B) All crab pots used for subsistence
fishing and left in saltwater unattended
longer than a 2-week period must have
all bait and bait containers removed and
all doors secured fully open;
(C) You may take crabs only from June
1 through January 31.
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(iv) The daily harvest and possession
limit is 12 male Tanner crabs per
person; only crabs with a shell width of
51⁄2 inches or greater may be taken or
possessed.
(6) Bering Sea Area.
(i) In that portion of the area north of
the latitude of Cape Newenham,
shellfish may only be taken by shovel,
jigging gear, pots, and ring net.
(ii) The operator of a commercially
licensed and registered shrimp fishing
vessel must obtain a subsistence fishing
permit from the ADF&G prior to
subsistence shrimp fishing during a
closed commercial shrimp fishing
season or within a closed commercial
shrimp fishing district, section, or
subsection; the permit must specify the
area and the date the vessel operator
intends to fish; no more than 500
pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(iii) In waters south of 60° North
latitude, the daily harvest and
possession limit is 12 male Dungeness
crabs per person.
(iv) In the subsistence taking of king
crab:
(A) In waters south of 60° North
latitude, the daily harvest and
possession limit is six male crabs per
person.
(B) All crab pots used for subsistence
fishing and left in saltwater unattended
longer than a 2-week period must have
all bait and bait containers removed and
all doors secured fully open.
(C) In waters south of 60° North
latitude, you may take crab only from
June 1 through January 31.
(D) In the Norton Sound Section of
the Northern District, you must have a
subsistence permit.
(v) In waters south of 60° North
latitude, the daily harvest and
possession limit is 12 male Tanner
crabs.
Dated: February 15, 2011.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: February 11, 2011.
Steve Kessler,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. 2011–5174 Filed 3–7–11; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
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12587
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2010–0666–201052; FRL–
9277–1]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Tennessee; Redesignation
of the Knoxville 1997 8-Hour Ozone
Nonattainment Area to Attainment for
the 1997 8-Hour Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve a request submitted on July 14,
2010, and amended on September 9,
2010, from the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
Air Pollution Control Division, to
redesignate the Knoxville, Tennessee 8hour ozone nonattainment area to
attainment for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS). The Knoxville, Tennessee
1997 8-hour ozone nonattainment area
comprises Anderson, Blount, Jefferson,
Knox, Loudon, and Sevier Counties in
their entireties, and the portion of Cocke
County that falls within the boundary of
the Great Smoky Mountains National
Park (hereinafter referred to as the
‘‘Knoxville Area’’ or ‘‘Area’’). EPA’s
approval of the redesignation request is
based on the determination that the
State of Tennessee has met the criteria
for redesignation to attainment set forth
in the Clean Air Act (CAA or Act),
including the determination that the
Knoxville Area has attained the 1997 8hour ozone NAAQS. Additionally, EPA
is approving a revision to the Tennessee
State Implementation Plan (SIP) to
include the 1997 8-hour ozone
maintenance plan for the Knoxville
Area that contains the new 2024 motor
vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and volatile
organic compounds (VOC). This action
also approves the emissions inventory
submitted with the maintenance plan.
As part of this final action, EPA
considered the adverse comments
received; a response to comments is
included in this final action.
DATES: Effective Date: This rule will be
effective March 8, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–0666. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12564-12587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5174]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS-R7-SM-2009-0061; 70101-1261-0000L6]
RIN 1018-AW71
Subsistence Management Regulations for Public Lands in Alaska--
2011-12 and 2012-13 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 in Alaska during the 2011-12 and 2012-13 regulatory
years. The Federal Subsistence Board (Board) completes the biennial
process of revising subsistence hunting and trapping regulations in
even-numbered years and subsistence fishing and shellfish regulations
in odd-numbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable biennial cycle.
This rulemaking replaces the fish and shellfish taking regulations that
expire on March 31, 2011. This rule also revises the address of the
Office of Subsistence Management; the new address should be used to
obtain maps delineating the boundaries of the subsistence resource
regions.
DATES: This rule is effective April 1, 2011.
ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop
121, Anchorage, Alaska 99503, or on the Office of Subsistence
Management Web site (https://alaska.fws.gov/asm/index.cfml).
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 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska
Region, (907) 743-9461 or skessler@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. This program provides a
preference for take of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The Secretaries published
temporary regulations to carry out this program in the Federal Register
on June 29, 1990 (55 FR 27114), and final regulations were published in
the Federal Register on May 29, 1992 (57 FR 22940). The Program has
subsequently amended these regulations a number of times. Because this
program is a joint effort between Interior and Agriculture, these
regulations are located in two titles of the Code of Federal
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,''
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 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 subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board is currently made up of:
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 C and D, which, among other things, set forth
program eligibility and specific harvest seasons and limits.
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Advisory Council. The Regional Advisory Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Regional Advisory Council members represent varied geographical,
cultural, and user interests within each region.
The Board addresses customary and traditional use determinations
during the applicable biennial cycle. Section ------.24 (customary and
traditional use determinations) was originally published in the Federal
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-
established, consistent pattern of use, incorporating beliefs and
customs which have been transmitted from generation to generation. * *
*'' Since 1992, the Board has made a number of customary and
traditional use determinations at the request of affected subsistence
users. Those modifications, along with some administrative corrections,
were published in the Federal Register as follows:
[[Page 12565]]
Modifications to Sec. ----.24
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Rule made changes to the following provisions
Federal Register citation Date of publication of ----.24
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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.
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Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use
determinations.
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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.
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Note: The Board met December 11-13, 2007, but did not make any additional customary and traditional use
determinations.
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72 FR 73426........................ December 27, 2007.......... Wildlife/Fish.
73 FR 35726........................ June 26, 2008.............. Wildlife.
74 FR 14049........................ March 30, 2009............. Fish/Shellfish.
75 FR 37918........................ June 30, 2010.............. Wildlife.
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Current Rule
The Departments published a proposed rule on January 15, 2010 (75
FR 2448), to amend the fish and shellfish sections of subparts C and D
of 36 CFR 242 and 50 CFR 100. The proposed rule opened a comment
period, which closed on March 24, 2010. 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 21 proposals for changes to subparts C and D; this
included 2 proposals that the Board had deferred from the previous
regulatory cycle. Four proposals were withdrawn by the proponent prior
to the start of the public review process. After the comment period
closed, the Board prepared a booklet describing the proposals and
distributed it to the public. The proposals were also available online.
The public then had an additional 30 days in which to comment on the
proposals for changes to the regulations.
The 10 Regional Advisory Councils met again, received public
comments, and formulated their recommendations to the Board on
proposals for their respective regions. The Regional Advisory 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 January 18-20, 2011. These final regulations
reflect Board review and consideration of Regional Advisory Council
recommendations and public comments. The public received extensive
opportunity to review and comment on all changes. In section --
--.24(a)(2), corrections to the spelling of certain village names and
an updated format have been made, resulting in a more readable
document.
Of the 17 proposals, 15 were on the Board's regular agenda and 2
were on the consensus agenda. The consensus agenda is made up of
proposals for which there is agreement among the affected Subsistence
Regional Advisory Councils, a majority of the Interagency Staff
Committee members, and the Alaska Department of Fish and Game
concerning a proposed regulatory action. Anyone may request that the
Board remove a proposal from the consensus agenda and place it on the
non-consensus (regular) agenda. The Board votes en masse on the
consensus agenda after deliberation and action on all other proposals.
Of the proposals on the consensus agenda, the Board withdrew both
proposals based on the request of the proponent. This action was
consistent with Board policy and was supported by each of the Regional
Advisory Council Chairs in the management area. Analysis and
justification for each action are available for review at the Office of
Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage,
Alaska 99503, or on the Office of Subsistence Management Web site
(https://alaska.fws.gov/asm/index.cfml). Of the proposals on the regular
agenda, the Board adopted one; adopted three with modification;
rejected three; deferred four; took no action on two; and withdrew two
based on the request of the proponent. In section ----.22(b) an
administrative change was made to reflect the current address of the
Office of Subsistence Management.
Summary of Non-Consensus Proposals Not Adopted by the Board
The Board rejected, deferred, withdrew, or took no action on 11
non-consensus proposals. The rejected proposals were recommended for
[[Page 12566]]
rejection by one or more of the Regional Advisory Councils unless noted
below.
The Board withdrew 2 proposals in the Yukon-Northern Area based on
the request of the proponent. This action was consistent with Board
policy and was supported by each of the Regional Advisory Council
Chairs in the management area.
The Board deferred a proposal in the Yukon-Northern Area to
restrict customary trade of Chinook salmon on the Yukon River to allow
time for a subcommittee made up of members from the three Yukon River
Regional Advisory Councils to try to reach consensus on a
recommendation to the Councils. The Board also took no action on a
similar proposal based on the action of this proposal.
The Board rejected a proposal in the Yukon-Northern Area to
restrict gillnet depth in Federal public waters of the Yukon River
based on concerns that this proposal was not supported by substantial
evidence and would be detrimental to the satisfaction of subsistence
needs for some users.
The Board rejected a proposal in the Yukon-Northern Area to close
Federal public waters of the Yukon River to the taking of first pulse
Chinook salmon from the mouth to the Canadian border for 12 years. The
Board took this action because Federal and State managers already have
the authority to take action to close this fishery for conservation
concerns and this proposal would be detrimental to the satisfaction of
subsistence needs for some users.
The Board deferred a proposal in the Yukon-Northern Area to
subdivide an existing subdistrict on the Yukon River. This action would
allow for additional public input and time for Federal and State
managers to consider possible courses of actions.
The Board took no action on a proposal to extend the sockeye salmon
season in the Klawock River drainage and Klawock Lake in the Southeast
Alaska Area based on its action on a similar proposal.
The Board deferred a proposal to close the eulachon fishery in
sections 1C and 1D of the Southeast Alaska Area to allow time for
additional public input and to address conservation concerns. This
action was contrary to the Council recommendation, which was to adopt
the proposal with modification.
The Board continued a previous deferral on a proposal to close
Federal public waters in the Makhnati Island area of Southeast Alaska
to the harvest of herring and herring spawn except by Federally
qualified users. This action was requested by the Council to allow time
for peer review of a study conducted by the Sitka Tribe of Alaska.
The Board rejected a previously deferred proposal in Southeast
Alaska to determine a ``no Federal subsistence priority'' be made for
all fish in the Juneau road system area. This action was based on
concerns that the proposal was not supported by substantial evidence
and would be detrimental to the satisfaction of subsistence needs for
users.
Summary of Non-Consensus Proposals Adopted by the Board
The Board adopted or adopted with modification four non-consensus
proposals. Modifications were suggested by the affected Regional
Council(s), developed during the analysis process, or developed during
the Board's public deliberations. All of the adopted proposals were
recommended for adoption by at least one of the Regional Councils
unless noted below.
Southeast Alaska
The Board adopted a proposal with modification to eliminate the
defined sockeye salmon season and fishing schedule in the Klawock River
drainage and Klawock Lake to provide additional opportunity for
subsistence users.
Kodiak
The Board adopted a proposal to reduce the harvest limit of king
crab from six to three per household. This action was based on
continuing conservation concerns.
The Board adopted a proposal with modification to eliminate harvest
limits associated with subsistence permits issued to Federally
qualified subsistence users who fish for salmon in Federal public
waters of the Kodiak Area that cannot be accessed from the Kodiak road
system, except the mainland district, and changed the recording
requirements from immediately upon landing a fish to prior to leaving
the fishing site. This action was taken to allow additional opportunity
and reduce the burden of reporting for subsistence users.
Chignik
The Board adopted a proposal with modification to expand the areas
for subsistence fishing using existing gear types, except gillnets.
This action was taken to provide additional opportunity for subsistence
users.
Southcentral Alaska--Request for Reconsideration
The Departments published a proposed rule on April 17, 2008 (73 FR
20884), to amend subparts C and D of 36 CFR part 242 and 50 CFR part
100. The proposed rule opened a comment period, which closed on June
30, 2008. 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 15 proposals
for changes 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 Advisory Councils met again, received
public comments, and formulated their recommendations to the Board on
proposals for their respective regions. The Regional Advisory 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 January 13-15, 2009. The public had extensive
opportunity to review and comment on all changes. One of the proposals
rejected by the Board was FP09-07, which requested the Board to
recognize a customary and traditional use determination for residents
of Ninilchik for resident fish in the Kenai Peninsula District waters
north of and including the Kenai River drainage. The Board based its
decision on a lack of substantial evidence; this decision was contrary
to the modified proposal recommendation of the Southcentral Regional
Advisory Council.
On May 29, 2009, as provided for in 36 CFR 242.20 and 50 CFR
100.20, the Ninilchik Traditional Council submitted a request for
reconsideration on the Board's decision to reject FP09-07. The Board
accepted the request for reconsideration and initiated additional staff
analysis and review; after public notice, the Board met again on
November 9, 2010, and readdressed this proposal. After recommendations
from the applicable Council Chair, comments from the Alaska Department
of Fish and Game, and members of the public, the Board rescinded its
earlier decision and recognized a customary and traditional use
determination for residents of Ninilchik for all fish in the Kenai
Peninsula District waters north of and including the Kenai River
drainage. The Board based its decision on the available information on
the residents of
[[Page 12567]]
Ninilchik's use of resident fish species in the Kenai River area, the
opportunistic nature of subsistence uses, and the demonstrated history
of fishing activities by Ninilchik residents, and concluded that
Ninilchik residents have customarily and traditionally used resident
fish species in the river.
These final regulations reflect Board review and consideration of
Regional Council recommendations and public comments. Because this rule
concerns public lands managed by an agency or agencies in both the
Departments of Agriculture and the Interior, identical text will be
incorporated into 36 CFR part 242 and 50 CFR part 100.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements, including publishing a proposed rule in the Federal
Register, participation in multiple 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 (36 CFR 242.20 and 50 CFR 100.20). Therefore, the
Board believes that sufficient public notice and opportunity for
involvement have been given to affected persons regarding Board
decisions.
In the more than 20 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.
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 a 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 comments 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 a
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 a regulatory cycle for
the subsistence taking of wildlife and fish. 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
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Federal Register citation Date of publication Category Details
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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 Final Because no
Rule. adverse comments
were received on
the direct final
rule (67 FR
30559), the
direct final
rule was
adopted.
[[Page 12568]]
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.
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.
75 FR 63088.................... October 14, 2010............. Final Rule................... Amended the
regulations for
accepting and
addressing
special action
requests and the
role of the
Regional
Advisory
Councils in the
process.
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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.
Section 810 of ANILCA
An ANILCA Sec. 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
Sec. 810 analysis determination appeared in the April 6, 1992, ROD and
concluded that the Program, under Alternative IV with an annual process
for setting subsistence regulations, may have some local impacts on
subsistence uses, but will not likely restrict subsistence uses
significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of this
rule was conducted in accordance with Sec. 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA Sec. 810(a).
Paperwork Reduction Act
An agency may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number. This rule
does not contain any new collections of information that require OMB
approval. OMB has reviewed and approved the following collections of
information associated with the subsistence regulations at 36 CFR part
242 and 50 CFR part 100: Subsistence hunting and fishing applications,
permits, and reports, Federal Subsistence Regional Advisory Council
Membership Application/Nomination and Interview Forms (OMB Control No.
1018-0075 expires January 31, 2013).
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four
criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this rule are already
being harvested and consumed by the local harvester and do not result
in an additional dollar benefit to the economy. However, we estimate
that two million pounds of meat are harvested by subsistence users
annually and, if given an estimated dollar value of $3.00 per pound,
this amount would equate to about $6 million in food value statewide.
Based upon the amounts and values cited above, the Departments certify
that this rulemaking will not have a significant economic effect on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this rule is not a major rule. It does not have an
effect on the economy of $100 million or more, will not cause a major
increase in costs or prices for consumers, and does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this Program is
limited by definition to certain public lands. Likewise, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not
[[Page 12569]]
impose a cost of $100 million or more in any given year on local or
State governments or private entities. The implementation of this rule
is by Federal agencies and there is no cost imposed on any State or
local entities or Tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in Sec. Sec. 3(a) and 3(b)(2) of
Executive Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment. Title VIII of ANILCA precludes the State from
exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
The Alaska National Interest Lands Conservation Act does not
provide rights to Tribes for the subsistence taking of wildlife, fish,
and shellfish. However, the Board provided Federally recognized Tribes
and Alaska Native Corporations an opportunity to consult on this rule.
Consultation with Alaska Native Corporations is based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native Corporations on the same basis as Indian Tribes under Executive
Order No. 13175.''
The Secretaries, through the Board, provided a variety of
opportunities for Tribal consultation: Submitting proposals to change
the existing rule, commenting on proposed changes to the existing rule;
engaging in dialogue at the Regional Council meetings; engaging in
dialogue at the Board's meetings; and providing input in person, by
mail, e-mail, or phone at any time during this rulemaking process.
On January 18, 2011, the Board provided Federally recognized Tribes
and Alaska Native Corporations a specific opportunity to consult on
this rule prior to the start of its public regulatory meeting.
Federally recognized Tribes and Alaska Native Corporations were
notified by mail and telephone and were given the opportunity to attend
in person or via teleconference.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this rule is
not a significant regulatory action under E.O. 13211, affecting energy
supply, distribution, or use, and no Statement of Energy Effects is
required.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Peter J. Probasco of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Sandy Rabinowitch and Nancy Swanton, Alaska Regional
Office, National Park Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Steve Kessler, Alaska Regional Office, U.S. Forest
Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board amends title 36, part 242, and title 50, part 100, of the Code of
Federal Regulations, as set forth below.
PART ------SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart C--Board Determinations
0
2. In subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. --
--.22(b) is revised to read as follows:
Sec. ----.22 Subsistence resource regions.
* * * * *
(b) You may obtain maps delineating the boundaries of subsistence
resource regions from the U.S. Fish and Wildlife Service, 1011 East
Tudor Road, MS 121, Anchorage, Alaska 99503.
0
3. In subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. --
--.24(a)(2) is 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 Kotlik,
Clarence Area, waters St. Michael and
draining into Norton Stebbins.
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 Chevak, Hooper
Bay, Scammon Bay,
and Stebbins.
Yukon River drainage...... Freshwater fish Residents of the
(other than Yukon-Northern Area.
salmon).
[[Page 12570]]
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. Chistochina,
Mentasta Lake,
Slana, and all
residents living
between Mentasta
Lake and
Chistochina.
KUSKOKWIM AREA:
Salmon........... Residents of the
Kuskokwim Area,
except those persons
residing on the
United States
military
installations
located on Cape
Newenham, Sparrevohn
USAFB, and Tatalina
USAFB.
Rainbow trout.... Residents of the
communities of
Akiachak, Akiak,
Aniak, Atmautluak,
Bethel, Chuathbaluk,
Crooked Creek, Eek,
Goodnews Bay,
Kasigluk, Kwethluk,
Lower Kalskag,
Napakiak, Napaskiak,
Nunapitchuk,
Oscarville,
Platinum, Quinhagak,
Tuluksak,
Tuntutuliak, and
Upper Kalskag.
Pacific cod...... Residents of the
communities of
Chefornak, Chevak,
Eek, Kipnuk,
Kongiganak,
Kwigillingok,
Mekoryuk, Newtok,
Nightmute, Tununak,
Toksook Bay, 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.
Remainder of the Bristol All fish......... Residents of the
Bay Area. Bristol Bay Area.
ALEUTIAN ISLANDS AREA......... All fish......... Residents of the
Aleutian Islands
Area and the
Pribilof Islands.
ALASKA PENINSULA AREA......... All fish......... Residents of the
Alaska Peninsula
Area.
CHIGNIK AREA.................. Salmon and fish Residents of the
other than Chignik Area.
rainbow/
steelhead trout.
KODIAK AREA:
Except the Mainland Salmon........... Residents of the
District, all waters Kodiak Island
along the south side of Borough, except
the Alaska Peninsula those residing on
bounded by the latitude the Kodiak Coast
of Cape Douglas Guard Base.
(58[deg]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[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
including the Kenai River Cooper Landing, Hope
drainage within the Kenai and Ninilchik.
National Wildlife Refuge
and 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 S
