Subsistence Management Regulations for Public Lands in Alaska-2019-20 and 2020-21 Subsistence Taking of Fish Regulations, 39744-39754 [2019-17136]

Agencies

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

[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Rules and Regulations]
[Pages 39744-39754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17136]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2017-0096; FXFR13350700640-190-FF07J00000; FBMS 
#4500133004]
RIN 1018-BC06


Subsistence Management Regulations for Public Lands in Alaska--
2019-20 and 2020-21 Subsistence Taking of Fish Regulations

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

ACTION: Final rule.

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SUMMARY: This final rule revises regulations for seasons, harvest 
limits, methods, and means related to taking of fish for subsistence 
uses in Alaska during the 2019-2020 and 2020-2021 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 rule also 
revises fish customary and traditional use determinations.

DATES: This rule is effective August 12, 2019.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 
121, Anchorage, AK 99503, or on the Office of Subsistence Management 
website (https://www.doi.gov/subsistence). The comments received in 
response to the proposed rule are available on www.regulations.gov in 
Docket No. FWS-R7-SM-2017-0096.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Thomas C.J. Doolittle, 
Office of Subsistence Management; (907) 786-3888 or 
[email protected]. For questions specific to National Forest System 
lands, contact Thomas Whitford, Regional Subsistence Program Leader, 
USDA, Forest Service, Alaska Region; (907) 743-9461 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and 
the Secretary of Agriculture (Secretaries) jointly implement the 
Federal Subsistence Management Program. This program provides a 
preference for take of fish and wildlife resources for subsistence uses 
on Federal public lands and waters in Alaska. The Secretaries published 
temporary regulations to carry out this program in the Federal Register 
on June 29, 1990 (55 FR 27114), and published final regulations in the 
Federal Register on May 29, 1992 (57 FR 22940). The Program managers 
have subsequently amended these regulations a number of times. Because 
this program is a joint effort between Interior and Agriculture, these 
regulations are located in two titles of the Code of Federal 
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' 
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-242.28 and 50 
CFR 100.1-100.28, respectively. The regulations contain subparts as 
follows: Subpart A, General Provisions; Subpart B, Program Structure; 
Subpart C, Board Determinations; and Subpart D, Subsistence Taking of 
Fish and Wildlife.
    Consistent with subpart B of these regulations, the Secretaries 
established a Federal Subsistence Board to administer the Federal 
Subsistence Management Program. The Board comprises:
     A Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
     The Alaska Regional Director, U.S. Fish and Wildlife 
Service;
     The Alaska Regional Director, National Park Service;
     The Alaska State Director, Bureau of Land Management;
     The Alaska Regional Director, Bureau of Indian Affairs;
     The Alaska Regional Forester, USDA Forest Service; and
     Two public members appointed by the Secretary of the 
Interior with concurrence of the Secretary of Agriculture.
    Through the Board, these agencies participate in the development of 
regulations for subparts C and D, which, among other things, set forth 
program eligibility and specific harvest seasons and limits.
    In administering the program, the Secretaries divided Alaska into 
10

[[Page 39745]]

subsistence resource regions, each of which is represented by a Federal 
Subsistence Regional Advisory Council (Council). The Councils provide a 
forum for rural residents with personal knowledge of local conditions 
and resource requirements to have a meaningful role in the subsistence 
management of fish and wildlife on Federal public lands in Alaska. The 
Council members represent varied geographical, cultural, and user 
interests within each region.
    The Board addresses customary and traditional use determinations 
during the applicable biennial cycle. Section __.24 (customary and 
traditional use determinations) was originally published in the Federal 
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-
established, consistent pattern of use, incorporating beliefs and 
customs which have been transmitted from generation to generation. . . 
.'' Since 1992, the Board has made a number of customary and 
traditional use determinations at the request of affected subsistence 
users. Those modifications for fish and shellfish, along with some 
administrative corrections, were published in the Federal Register as 
follows:

                                          Modifications to Sec.   __.24
----------------------------------------------------------------------------------------------------------------
                                                               Rule made changes to the following provisions of
    Federal Register citation         Date of publication                            __.24
----------------------------------------------------------------------------------------------------------------
59 FR 27462......................  May 27, 1994.............  Wildlife and Fish/Shellfish.
59 FR 51855......................  October 13, 1994.........  Wildlife and Fish/Shellfish.
60 FR 10317......................  February 24, 1995........  Wildlife and Fish/Shellfish.
61 FR 39698......................  July 30, 1996............  Wildlife and Fish/Shellfish.
62 FR 29016......................  May 29, 1997.............  Wildlife and Fish/Shellfish.
63 FR 35332......................  June 29, 1998............  Wildlife and Fish/Shellfish.
63 FR 46148......................  August 28, 1998..........  Wildlife and Fish/Shellfish.
64 FR 1276.......................  January 8, 1999..........  Fish/Shellfish.
66 FR 10142......................  February 13, 2001........  Fish/Shellfish.
67 FR 5890.......................  February 7, 2002.........  Fish/Shellfish.
68 FR 7276.......................  February 12, 2003........  Fish/Shellfish.
69 FR 5018.......................  February 3, 2004.........  Fish/Shellfish.
70 FR 13377......................  March 21, 2005...........  Fish/Shellfish.
71 FR 15569......................  March 29, 2006...........  Fish/Shellfish.
72 FR 12676......................  March 16, 2007...........  Fish/Shellfish.
72 FR 73426......................  December 27, 2007........  Wildlife/Fish.
74 FR 14049......................  March 30, 2009...........  Fish/Shellfish.
76 FR 12564......................  March 8, 2011............  Fish/Shellfish.
83 FR 3079.......................  January 23, 2018.........  Fish.
----------------------------------------------------------------------------------------------------------------

Current Rule

    The Departments published a proposed rule, Subsistence Management 
Regulations for Public Lands in Alaska--2019-20 and 2020-21 Subsistence 
Taking of Fish Regulations, on March 23, 2018 (83 FR 12689), to amend 
the fish section of subparts C and D of 36 CFR part 242 and 50 CFR part 
100. The proposed rule opened a comment period, which closed on April 
23, 2018. The Departments advertised the proposed rule by mail, email, 
web page, social media, radio, and newspaper, and comments were 
submitted via www.regulations.gov to Docket No. FWS-R7-SM-2017-0096. 
During that period, the Councils met and, in addition to other Council 
business, received suggestions for proposals from the public. The Board 
received a total of 23 proposals for changes to subparts C and D; this 
included 4 proposals that were deemed invalid because they were beyond 
the scope of the Board's authority, and one that was deferred from the 
previous fisheries cycle. After the comment period closed, the Board 
prepared a booklet describing the proposals and distributed it to the 
public. The proposals were also available online. The public then had 
an additional 70 days in which to comment on the proposals for changes 
to the regulations.
    The 10 Councils met again, received public comments, and formulated 
their recommendations to the Board on proposals for their respective 
regions. The Councils had a substantial role in reviewing the proposed 
rule and making recommendations for the final rule. Moreover, a Council 
Chair, or a designated representative, presented each Council's 
recommendations at the Board's public meeting of April 15-18, 2019. 
These final regulations reflect Board review and consideration of 
Council recommendations, Tribal and Alaska Native corporation 
consultations, and public comments. The public received extensive 
opportunity to review and comment on all changes.
    Of the 19 valid proposals, 8 were on the Board's non-consensus 
agenda and 11 were on the consensus agenda. The consensus agenda is 
made up of proposals for which there is agreement among the affected 
Councils, a majority of the Interagency Staff Committee members, and 
the Alaska Department of Fish and Game concerning a proposed regulatory 
action. Anyone may request that the Board remove a proposal from the 
consensus agenda and place it on the non-consensus agenda. The Board 
votes en masse on the consensus agenda after deliberation and action on 
all other proposals.
    Of the proposals on the consensus agenda, the Board adopted two; 
adopted four with modification; and rejected five. Analysis and 
justification for the action taken on each proposal on the consensus 
agenda are available for review at the Office of Subsistence 
Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503, 
or on the Office of Subsistence Management website (https://www.doi.gov/subsistence). Of the proposals on the non-consensus agenda, 
the Board adopted three; adopted four with modification; and rejected 
one.

Summary of Non-Consensus Proposals Not Adopted by the Board

    The Board rejected one non-consensus proposal. The rejected 
proposal was recommended for rejection by both affected Councils as 
noted below.

[[Page 39746]]

Kuskokwim Area

    The Board rejected a deferred proposal to restructure the 
management plans, fishing schedules, and methods and means and allow 
for independent action to be taken by the Federal in-season manager on 
the Kuskokwim River. This action was supported by both affected 
Councils.

Summary of Non-Consensus Proposals Adopted by the Board

    The Board adopted three proposals and adopted with modification 
four non-consensus proposals. Modifications were either suggested by 
the affected 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 Councils 
as noted below.

Yukon-Northern Area

    The Board adopted with modification one proposal to revise the 
drift gillnet fishery in District 4 and remove mesh depth restrictions. 
This action was supported by three Councils and opposed by one.

Kuskokwim Area

    The Board adopted one proposal to allow the use of 6-inch or less 
mesh size prior to June 1 in the Kuskokwim River drainage. This action 
was supported by one Council and opposed by another.
    The Board adopted one proposal with modification to allow the use 
of gillnets in tributaries of the Kuskokwim River during closures, in 
which salmon do not spawn. One Council supported the proposal and 
another supported with modification. The Board further modified the 
text to clarify the original intent of the proponent.

Bristol Bay Area

    The Board adopted one proposal to revise the regulations for the 
take of salmon, without a permit, in Lake Clark and its tributaries and 
include the use of rod and reel. This action was supported by the 
affected Council.

Prince William Sound Area

    The Board adopted one proposal with modification to place the 
permit conditions for the Prince William Sound Area into regulations. 
This action was supported by the affected Council.
    The Board adopted one proposal that allows the use of one unit of 
gear per person fishing under the same (household) subsistence permit 
in the upper Copper River district.

Southeastern Alaska Area

    The Board adopted one proposal to close the public waters of Neva 
Lake, Neva Creek, and South Creek to the harvest of sockeye salmon 
except by federally qualified users. This action was supported by the 
affected Council.
    In the area-specific regulations for fish, Southeastern Alaska 
Area, Stikine River, the total annual guideline harvest level for this 
fishery has been deleted based on changes in the coordination 
requirements for the U.S./Canada Pacific Salmon Treaty, which went into 
effect on January 1, 2019.
    These final regulations reflect Board review and consideration of 
Council recommendations, Tribal and Alaska Native corporation 
consultations, 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 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 25 years that the Program has been operating, no 
benefit to the public has been demonstrated by delaying the effective 
date of the subsistence regulations. A lapse in regulatory control 
could affect the continued viability of fish or wildlife populations 
and future subsistence opportunities for rural Alaskans, and would 
generally fail to serve the overall public interest. Therefore, the 
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule 
effective upon the date set forth in DATES to ensure continued 
operation of the subsistence program.

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992. The Record of Decision (ROD) on Subsistence Management for 
Federal Public Lands in Alaska was signed April 6, 1992. The selected 
alternative in the FEIS (Alternative IV) defined the administrative 
framework of an annual regulatory cycle for subsistence regulations.
    A 1997 environmental assessment dealt with the expansion of Federal 
jurisdiction over fisheries and is available at the office listed under 
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with 
concurrence of the Secretary of Agriculture, determined that expansion 
of Federal jurisdiction does not constitute a major Federal action 
significantly affecting the human environment and, therefore, signed a 
Finding of No Significant Impact.

Section 810 of ANILCA

    An ANILCA section 810 analysis was completed as part of the FEIS 
process on the Federal Subsistence Management Program. The intent of 
all Federal subsistence regulations is to accord subsistence uses of 
fish and wildlife on public lands a priority over the taking of fish 
and wildlife on such lands for other purposes, unless restriction is 
necessary to conserve healthy fish and wildlife populations. The final 
section 810 analysis determination appeared in the April 6, 1992, ROD 
and concluded that the Program, under Alternative IV with an annual 
process for setting subsistence regulations, may have some local 
impacts on subsistence uses, but will not likely restrict subsistence 
uses significantly.
    During the subsequent environmental assessment process for 
extending fisheries jurisdiction, an evaluation of the effects of this 
rule was conducted in accordance with section 810. That evaluation also 
supported the Secretaries' determination that the rule will not reach 
the ``may significantly restrict'' threshold that would require notice 
and hearings under ANILCA section 810(a).

[[Page 39747]]

Paperwork Reduction Act of 1995 (PRA)

    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 collections of information 
associated with the subsistence regulations at 36 CFR part 242 and 50 
CFR part 100, and assigned OMB Control Number 1018-0075 (expires August 
31, 2019; in accordance with 5 CFR 1320.10, an agency may continue to 
conduct or sponsor this collection of information while the renewal 
submission is pending at OMB).

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
In general, the resources to be harvested under this rule are already 
being harvested and consumed by the local harvester and do not result 
in an additional dollar benefit to the economy. However, we estimate 
that two million pounds of meat are harvested by subsistence users 
annually and, if given an estimated dollar value of $3.00 per pound, 
this amount would equate to about $6 million in food value Statewide. 
Based upon the amounts and values cited above, the Departments certify 
that this rulemaking will not have a significant economic effect on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this rule is not a major rule. It does not have an 
effect on the economy of $100 million or more, will not cause a major 
increase in costs or prices for consumers, and does not have 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of U.S.-based enterprises to 
compete with foreign-based enterprises.

Executive Order 12630

    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence priority on public lands. The scope of this Program is 
limited by definition to certain public lands. Likewise, these 
regulations have no potential takings of private property implications 
as defined by Executive Order 12630.

Unfunded Mandates Reform Act

    The Secretaries have determined and certify pursuant to the 
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State governments or private entities. The 
implementation of this rule is by Federal agencies, and there is no 
cost imposed on any State or local entities or Tribal governments.

Executive Order 12988

    The Secretaries have determined that these regulations meet the 
applicable standards provided in sections 3(a) and 3(b)(2) of Executive 
Order 12988, regarding civil justice reform.

Executive Order 13132

    In accordance with Executive Order 13132, the rule does not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism summary impact statement. Title VIII of ANILCA precludes the 
State from exercising subsistence management authority over fish and 
wildlife resources on Federal lands unless it meets certain 
requirements.

Executive Order 13175

    The Alaska National Interest Lands Conservation Act, Title VIII, 
does not provide specific rights to Tribes for the subsistence taking 
of wildlife, fish, and shellfish. However, the Board provided federally 
recognized Tribes and Alaska Native corporations opportunities to 
consult on this rule. Consultation with Alaska Native corporations are 
based on Public Law 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 
452, as amended by Public Law 108-447, div. H, title V, Sec. 518, Dec. 
8, 2004, 118 Stat. 3267, which provides that: ``The Director of the 
Office of Management and Budget and all Federal agencies shall 
hereafter consult with Alaska Native corporations on the same basis as 
Indian Tribes under Executive Order No. 13175.''
    The Secretaries, through the Board, provided a variety of 
opportunities for consultation: Commenting on proposed changes to the 
existing rule; engaging in dialogue at the Council meetings; engaging 
in dialogue at the Board's meetings; and providing input in person, by 
mail, email, or phone at any time during the rulemaking process.
    On April 15, 2019, 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 
Thomas C.J. Doolittle 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;
     Clarence Summers, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Carol Damberg, Alaska Regional Office, U.S. Fish and 
Wildlife Service; and

[[Page 39748]]

     Thomas Whitford, Alaska Regional Office, USDA Forest 
Service.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

Regulation Promulgation

    For the reasons set out in the preamble, the Federal Subsistence 
Board amends title 36, part 242, and title 50, part 100, of the Code of 
Federal Regulations, as set forth below.

PART __--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 
continues to read as follows:

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.

Subpart C--Board Determinations

0
 2. Amend Sec.  __.24 in the table in paragraph (a)(2) by revising the 
entries for ``YAKUTAT AREA'' and ``SOUTHEASTERN ALASKA AREA'' to read 
as follows:


Sec.  __.24  Customary and traditional use determinations.

    (a) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                 Area                                    Species                           Determination
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
YAKUTAT AREA..........................  All fish................................  Residents of Yakutat and
                                                                                   Southeastern Alaska Fishery
                                                                                   Management Areas.
SOUTHEASTERN ALASKA AREA..............  All fish................................  Residents of Yakutat and
                                                                                   Southeastern Alaska Fishery
                                                                                   Management Areas.
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart D--Subsistence Taking of Fish and Wildlife

0
3. Amend Sec.  __.27 by revising paragraphs (e)(3), (4), (5), (11), and 
(13) to read as follows:


Sec.  __.27  Subsistence taking of fish.

* * * * *
    (e) * * *
    (3) Yukon-Northern Area. The Yukon-Northern Area includes all 
waters of Alaska between the latitude of Point Romanof and the latitude 
of the westernmost point of the Naskonat Peninsula, including those 
waters draining into the Bering Sea, and all waters of Alaska north of 
the latitude of the westernmost tip of Point Hope and west of 141[deg] 
West longitude, including those waters draining into the Arctic Ocean 
and the Chukchi Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
in the Yukon-Northern Area at any time. In those locations where 
subsistence fishing permits are required, only one subsistence fishing 
permit will be issued to each household per year. You may subsistence 
fish for salmon with rod and reel in the Yukon River drainage 24 hours 
per day, 7 days per week, unless rod and reel are specifically 
otherwise restricted in this paragraph (e)(3).
    (ii) For the Yukon River drainage, Federal subsistence fishing 
schedules, openings, closings, and fishing methods are the same as 
those issued for the subsistence taking of fish under Alaska Statutes 
(AS 16.05.060), unless superseded by a Federal special action.
    (iii) In the following locations, you may take salmon during the 
open weekly fishing periods of the State commercial salmon fishing 
season and may not take them for 24 hours before the opening of the 
State commercial salmon fishing season:
    (A) In District 4, excluding the Koyukuk River drainage;
    (B) In Subdistricts 4B and 4C from June 15 through September 30, 
salmon may be taken from 6 p.m. Sunday until 6 p.m. Tuesday and from 6 
p.m. Wednesday until 6 p.m. Friday;
    (C) In District 6, excluding the Kantishna River drainage, salmon 
may be taken from 6 p.m. Friday until 6 p.m. Wednesday.
    (iv) During any State commercial salmon fishing season closure of 
greater than 5 days in duration, you may not take salmon during the 
following periods in the following districts:
    (A) In District 4, excluding the Koyukuk River drainage, salmon may 
not be taken from 6 p.m. Friday until 6 p.m. Sunday;
    (B) In District 5, excluding the Tozitna River drainage and 
Subdistrict 5D, salmon may not be taken from 6 p.m. Sunday until 6 p.m. 
Tuesday.
    (v) Except as provided in this section, and except as may be 
provided by the terms of a subsistence fishing permit, you may take 
fish other than salmon at any time.
    (vi) In Districts 1, 2, 3, and Subdistrict 4A, excluding the 
Koyukuk and Innoko River drainages, you may not take salmon for 
subsistence purposes during the 24 hours immediately before the opening 
of the State commercial salmon fishing season.
    (vii) In Districts 1, 2, and 3:
    (A) After the opening of the State commercial salmon fishing season 
through July 15, you may not take salmon for subsistence for 18 hours 
immediately before, during, and for 12 hours after each State 
commercial salmon fishing period;
    (B) After July 15, you may not take salmon for subsistence for 12 
hours immediately before, during, and for 12 hours after each State 
commercial salmon fishing period.
    (viii) In Subdistrict 4A after the opening of the State commercial 
salmon fishing season, you may not take salmon for subsistence for 12 
hours immediately before, during, and for 12 hours after each State 
commercial salmon fishing period; however, you may take Chinook salmon 
during the State commercial fishing season, with drift gillnet gear 
only, from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and from 6:00 p.m. 
Wednesday until 6:00 p.m. Friday.
    (ix) You may not subsistence fish in the following drainages 
located north of the main Yukon River:
    (A) Kanuti River upstream from a point 5 miles downstream of the 
State highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks.
    (x) You may not subsistence fish in the Delta River.
    (xi) In Beaver Creek downstream from the confluence of Moose Creek, 
a gillnet with mesh size not to exceed 3-inches stretch-measure may be 
used from June 15 through September 15. You may subsistence fish for 
all non-salmon

[[Page 39749]]

species but may not target salmon during this time period (retention of 
salmon taken incidentally to non-salmon directed fisheries is allowed). 
From the mouth of Nome Creek downstream to the confluence of Moose 
Creek, only rod and reel may be used. From the mouth of Nome Creek 
downstream to the confluence of O'Brien Creek, the daily harvest and 
possession limit is 5 grayling; from the mouth of O'Brien Creek 
downstream to the confluence of Moose Creek, the daily harvest and 
possession limit is 10 grayling. The Nome Creek drainage of Beaver 
Creek is closed to subsistence fishing for grayling.
    (xii) You may not subsistence fish in the Toklat River drainage 
from August 15 through May 15.
    (xiii) You may take salmon only by gillnet, beach seine, dip net, 
fish wheel, or rod and reel, subject to the restrictions set forth in 
this section.
    (A) In the Yukon River drainage, you may not take salmon for 
subsistence fishing using gillnets with stretched mesh larger than 7.5 
inches.
    (B) In Subdistrict 5D you may take salmon once the mid-range of the 
Canadian interim management escapement goal and the total allowable 
catch goal are projected to be achieved.
    (C) Salmon may be harvested by dip net at any time, except during 
times of conservation when the Federal in-season manager may announce 
restrictions on time, areas, and species.
    (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 5 and 6, you may not take salmon for subsistence 
purposes by drift gillnets.
    (xvi) In District 4 salmon may be taken by drift gillnet not more 
than 150 feet in length unless restricted by special action or as 
modified by regulations in this section.
    (xvii) Unless otherwise specified in this section, you may take 
fish other than salmon by set gillnet, drift gillnet, beach seine, fish 
wheel, long line, fyke net, dip net, jigging gear, spear, lead, or rod 
and reel, subject to the following restrictions, which also apply to 
subsistence salmon fishing:
    (A) During the open weekly fishing periods of the State commercial 
salmon fishing season, if you are a commercial fisherman, you may not 
operate more than one type of gear at a time, for commercial, personal 
use, and subsistence purposes.
    (B) You may not use an aggregate length of set gillnet in excess of 
150 fathoms, and each drift gillnet may not exceed 50 fathoms in 
length.
    (C) In Districts 4, 5, and 6, you may not set subsistence fishing 
gear within 200 feet of other fishing gear operating for commercial, 
personal, or subsistence use except that, at the site approximately 1 
mile upstream from Ruby on the south bank of the Yukon River between 
ADF&G regulatory markers containing the area known locally as the 
``Slide,'' you may set subsistence fishing gear within 200 feet of 
other operating commercial or subsistence fishing gear, and in District 
4, from Old Paradise Village upstream to a point 4 miles upstream from 
Anvik, there is no minimum distance requirement between fish wheels.
    (D) During the State commercial salmon fishing season, within the 
Yukon River and the Tanana River below the confluence of the Wood 
River, you may use drift gillnets and fish wheels only during open 
subsistence salmon fishing periods.
    (E) In Birch Creek, gillnet mesh size may not exceed 3-inches 
stretch-measure from June 15 through September 15.
    (F) In Racetrack Slough on the Koyukuk River and in the sloughs of 
the Huslia River drainage, from when each river is free of ice through 
June 15, the offshore end of the set gillnet may not be closer than 20 
feet from the opposite bank except that sloughs 40 feet or less in 
width may have \3/4\ width coverage with set gillnet, unless closed by 
Federal special action.
    (xviii) In District 4, from September 21 through May 15, you may 
use jigging gear from shore ice.
    (xix) 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.
    (xx) Only one subsistence fishing permit will be issued to each 
household per year.
    (xxi) In Districts 1, 2, and 3, from June 1 through July 15. If 
ADF&G has announced that Chinook salmon can be sold in the commercial 
fisheries, you may not possess Chinook salmon taken for subsistence 
purposes unless both tips (lobes) of the tail fin have been removed 
before the person conceals the salmon from plain view or transfers the 
salmon from the fishing site.
    (xxii) In the Yukon River drainage, Chinook salmon must be used 
primarily for human consumption and may not be targeted for dog food. 
Dried Chinook salmon may not be used for dog food anywhere in the Yukon 
River drainage. Whole fish unfit for human consumption (due to disease, 
deterioration, and deformities), scraps, and small fish (16 inches or 
less) may be fed to dogs. Also, whole Chinook salmon caught 
incidentally during a subsistence chum salmon fishery in the following 
time periods and locations may be fed to dogs:
    (A) After July 10 in the Koyukuk River drainage;
    (B) After August 10, in Subdistrict 5D, upstream of Circle City.
    (4) Kuskokwim Area. The Kuskokwim Area consists of all waters of 
Alaska between the latitude of the westernmost point of Naskonat 
Peninsula and the latitude of the southernmost tip of Cape Newenham, 
including the waters of Alaska surrounding Nunivak and St. Matthew 
Islands and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
in the Kuskokwim Area at any time without a subsistence fishing permit.
    (ii) For the Kuskokwim area, Federal subsistence fishing schedules, 
openings, closings, and fishing methods are the same as those issued 
for the subsistence taking of fish under Alaska Statutes (AS 
16.05.060), except the use of gillnets with 6-inch or less mesh size is 
allowed before June 1 in the Kuskokwim River drainage, unless 
superseded by a Federal special action.
    (iii) In 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 this paragraph (e)(4).

[[Page 39750]]

    (vi) You may not take subsistence fish by nets in the Goodnews 
River east of a line between ADF&G regulatory markers placed near the 
mouth of the Ufigag River and an ADF&G regulatory marker placed near 
the mouth of the Tunulik River 16 hours before or during and for 6 
hours after each State open commercial salmon fishing period.
    (vii) You may not take subsistence fish by nets in the Kanektok 
River upstream of ADF&G regulatory markers placed near the mouth 16 
hours before or during and for 6 hours after each State open commercial 
salmon fishing period.
    (viii) You may not take subsistence fish by nets in the Arolik 
River upstream of ADF&G regulatory markers placed near the mouth 16 
hours before or during and for 6 hours after each State open commercial 
salmon fishing period.
    (ix) You may only take salmon by gillnet, beach seine, fish wheel, 
dip net, or rod and reel subject to the restrictions set out in this 
section, except that you may also take salmon by spear in the Kanektok, 
and Arolik River drainages, and in the drainage of Goodnews Bay.
    (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;
    (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.
    (xvii) All tributaries not expressly closed by Federal special 
action, or as modified by regulations in this section, remain open to 
the use of gillnets more than 100 yards upstream from their confluence 
with the Kuskokwim River.
    (5) Bristol Bay Area. The Bristol Bay Area includes all waters of 
Bristol Bay, including drainages enclosed by a line from Cape Newenham 
to Cape Menshikof.
    (i) Unless restricted in this section, or unless under the terms of 
a subsistence fishing permit, you may take fish at any time in the 
Bristol Bay area.
    (ii) 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 9:00 a.m. Monday until 9:00 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 9:00 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 2 river miles 
upstream from the mouth of the Togiak River to the ADF&G regulatory 
markers.
    (C) You may also take salmon without a permit in Sixmile Lake and 
its tributaries within and adjacent to the exterior boundaries of Lake 
Clark National Park and Preserve unless otherwise prohibited, and Lake 
Clark and its tributaries, by snagging (by handline or rod and reel), 
using a spear, bow and arrow, rod and reel, or capturing by bare hand.
    (D) You may also take salmon by beach seines not exceeding 25 
fathoms in length in Lake Clark, excluding its tributaries.
    (E) You may also take fish (except rainbow trout) with a fyke net 
and lead in tributaries of Lake Clark and the tributaries of Sixmile 
Lake within and adjacent to the exterior boundaries of Lake Clark 
National Park and Preserve unless otherwise prohibited.
    (1) You may use a fyke net and lead only with a permit issued by 
the Federal in-season manager.
    (2) All fyke nets and leads must be attended at all times while in 
use.
    (3) All materials used to construct the fyke net and lead must be 
made of wood and be removed from the water when the fyke net and lead 
is no longer in use.
    (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)

[[Page 39751]]

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. 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.
* * * * *
    (11) Prince William Sound Area. The Prince William Sound Area 
includes all waters and drainages of Alaska between the longitude of 
Cape Fairfield and the longitude of Cape Suckling.
    (i) You may take fish, other than rainbow/steelhead trout, in the 
Prince William Sound Area only under authority of a subsistence fishing 
permit, except that a permit is not required to take eulachon. You make 
not take rainbow/steelhead trout, except as otherwise provided for in 
this paragraph (e)(11).
    (A) In the Prince William Sound Area within Chugach National Forest 
and in the Copper River drainage downstream of Haley Creek, you may 
accumulate Federal subsistence fishing harvest limits with harvest 
limits under State of Alaska sport fishing regulations provided that 
accumulation of fishing harvest limits does not occur during the same 
day.
    (B) You may accumulate harvest limits of salmon authorized for the 
Copper River drainage upstream from Haley Creek with harvest limits for 
salmon authorized under State of Alaska sport fishing regulations.
    (ii) You may take fish by gear listed in paragraph (b)(1) of this 
section unless restricted in this section or under the terms of a 
subsistence fishing permit.
    (iii) If you catch rainbow/steelhead trout incidentally in other 
subsistence net fisheries, you may retain them for subsistence 
purposes, unless restricted in this section.
    (iv) In the Copper River drainage, you may take salmon only in the 
waters of the Upper Copper River District, or in the vicinity of the 
Native Village of Batzulnetas.
    (v) In the Upper Copper River District, you may take salmon only by 
fish wheels, rod and reel, or dip nets.
    (vi) Rainbow/steelhead trout and other freshwater fish caught 
incidentally to salmon by fish wheel in the Upper Copper River District 
may be retained.
    (vii) Freshwater fish other than rainbow/steelhead trout caught 
incidentally to salmon by dip net in the Upper Copper River District 
may be retained. Rainbow/steelhead trout caught incidentally to salmon 
by dip net in the Upper Copper River District must be released unharmed 
to the water.
    (viii) You may not possess salmon taken under the authority of an 
Upper Copper River District subsistence fishing permit, or rainbow/
steelhead trout caught incidentally to salmon by fish wheel, unless the 
anal fin has been immediately removed from the fish. You must 
immediately record all retained fish on the subsistence permit. 
Immediately means prior to concealing the fish from plain view or 
transporting the fish more than 50 feet from where the fish was removed 
from the water.
    (ix) You may take salmon in the Upper Copper River District from 
May 15 through September 30 only.
    (x) The total annual harvest limit for subsistence salmon fishing 
permits in combination for the Glennallen Subdistrict and the Chitina 
Subdistrict is as follows:
    (A) For a household with 1 person, 30 salmon, of which no more than 
5 may be Chinook salmon taken by dip net and no more than 5 Chinook 
taken by rod and reel.
    (B) For a household with 2 persons, 60 salmon, of which no more 
than 5 may be Chinook salmon taken by dip net and no more than 5 
Chinook taken by rod and reel, plus 10 salmon for each additional 
person in a household over 2 persons, except that the household's limit 
for Chinook salmon taken by dip net or rod and reel does not increase.
    (C) Upon request, permits for additional salmon will be issued for 
no more than a total of 200 salmon for a permit issued to a household 
with 1 person, of which no more than 5 may be Chinook salmon taken by 
dip net and no more than 5 Chinook taken by rod and reel, or no more 
than a total of 500 salmon for a permit issued to a household with 2 or 
more persons, of which no more than 5 may be Chinook salmon taken by 
dip net and no more than 5 Chinook taken by rod and reel.
    (xi) The following apply to Upper Copper River District subsistence 
salmon fishing permits:
    (A) Only one subsistence fishing permit per subdistrict will be 
issued to each household per year. If a household has been issued 
permits for both subdistricts in the same year, both permits must be in 
your possession and readily available for inspection while fishing or 
transporting subsistence-taken fish in either subdistrict. A qualified 
household may also be issued a Batzulnetas salmon fishery permit in the 
same year.
    (B) Multiple types of gear may be specified on a permit, although 
only one unit of gear per person may be operated at any one time.
    (C) You must return your permit no later than October 31 of the 
year in which the permit is issued, or you may be denied a permit for 
the following year.
    (D) A fish wheel may be operated only by one permit holder at one 
time; that permit holder must have the fish wheel marked as required by 
paragraph (e)(11)(xii)(B) or (e)(11)(xiii)(E) of this section and 
during fishing operations.
    (E) Only the permit holder and the authorized member(s) of the 
household listed on the subsistence permit may take salmon.
    (F) You must personally operate your fish wheel or dip net.
    (G) You may not loan or transfer a subsistence fish wheel or dip 
net permit except as permitted.
    (xii) If you are a fish wheel owner:
    (A) You must register your fish wheel with ADF&G or the Federal 
Subsistence Board.
    (B) Your registration number and a wood, metal, or plastic plate at 
least 12 inches high by 12 inches wide bearing either your name and 
address, or your Alaska driver's license number, or your Alaska State 
identification card number in letters and numerals at least 1 inch 
high, must be permanently affixed and plainly visible on the fish wheel 
when the fish wheel is in the water.
    (C) Only the current year's registration number may be affixed to 
the fish wheel; you must remove any other registration number from the 
fish wheel.
    (D) You are responsible for the fish wheel; you must remove the 
fish wheel from the water at the end of the permit period.
    (E) You may not rent, lease, or otherwise use your fish wheel used 
for subsistence fishing for personal gain.
    (xiii) If you are operating a fish wheel:
    (A) You may operate only one fish wheel at any one time.

[[Page 39752]]

    (B) You may not set or operate a fish wheel within 75 feet of 
another fish wheel.
    (C) You must check your fish wheel at least once every 10 hours and 
remove all fish.
    (D) No fish wheel may have more than two baskets.
    (E) If you are a permittee other than the owner, you must attach an 
additional wood, metal, or plastic plate at least 12 inches high by 12 
inches wide, bearing your name and address in letters and numerals at 
least 1 inch high, to the fish wheel so that the name and address are 
plainly visible.
    (xiv) A subsistence fishing permit may be issued to a village 
council, or other similarly qualified organization whose members 
operate fish wheels for subsistence purposes in the Upper Copper River 
District, to operate fish wheels on behalf of members of its village or 
organization. The following additional provisions apply to subsistence 
fishing permits issued under this paragraph (e)(11)(xiv):
    (A) The permit will list all households and household members for 
whom the fish wheel is being operated. The permit will identify a 
person who will be responsible for the fish wheel and will be the same 
person as is listed on the fish wheel described in paragraph 
(e)(11)(xiii)(E) of this section.
    (B) The allowable harvest may not exceed the combined seasonal 
limits for the households listed on the permit; the permittee will 
notify the ADF&G or Federal Subsistence Board when households are added 
to the list, and the seasonal limit may be adjusted accordingly.
    (C) Members of households listed on a permit issued to a village 
council or other similarly qualified organization are not eligible for 
a separate household subsistence fishing permit for the Upper Copper 
River District.
    (D) The permit will include provisions for recording daily catches 
for each fish wheel; location and number of fish wheels; full legal 
name of the individual responsible for the lawful operation of each 
fish wheel as described in paragraph (e)(11)(xiii)(E) of this section; 
and other information determined to be necessary for effective resource 
management.
    (xv) You may take salmon in the vicinity of the former Native 
village of Batzulnetas only under the authority of a Batzulnetas 
subsistence salmon fishing permit available from the National Park 
Service under the following conditions:
    (A) You may take salmon only in those waters of the Copper River 
between National Park Service regulatory markers located near the mouth 
of Tanada Creek and approximately one-half mile downstream from that 
mouth and in Tanada Creek between National Park Service regulatory 
markers identifying the open waters of the creek.
    (B) You may use only fish wheels, dip nets, and rod and reel on the 
Copper River and only dip nets, spears, fyke nets, and rod and reel in 
Tanada Creek. One fyke net and associated lead may be used in Tanada 
Creek upstream of the National Park Service weir.
    (C) You may take salmon only from May 15 through September 30 or 
until the season is closed by special action.
    (D) You may retain Chinook salmon taken in a fish wheel in the 
Copper River. You must return to the water unharmed any Chinook salmon 
caught in Tanada Creek.
    (E) You must return the permit to the National Park Service no 
later than October 15 of the year the permit was issued.
    (F) You may only use a fyke net after consultation with the in-
season manager. You must be present when the fyke net is actively 
fishing. You may take no more than 1,000 sockeye salmon in Tanada Creek 
with a fyke net.
    (xvi) You may take pink salmon for subsistence purposes from fresh 
water with a dip net from May 15 through September 30, 7 days per week, 
with no harvest or possession limits in the following areas:
    (A) Green Island, Knight Island, Chenega Island, Bainbridge Island, 
Evans Island, Elrington Island, Latouche Island, and adjacent islands, 
and the mainland waters from the outer point of Granite Bay located in 
Knight Island Passage to Cape Fairfield;
    (B) Waters north of a line from Porcupine Point to Granite Point, 
and south of a line from Point Lowe to Tongue Point.
    (xvii) In the Chugach National Forest portion of the Prince William 
Sound Area, you must possess a Federal subsistence fishing permit to 
take salmon, trout, whitefish, grayling, Dolly Varden, or char. Permits 
are available from the Cordova Ranger District.
    (A) Salmon harvest is not allowed in Eyak Lake and its tributaries, 
Copper River and its tributaries, and Eyak River upstream from the 
Copper River Highway bridge.
    (B) You must record on your subsistence permit the number of 
subsistence fish taken. You must record all harvested fish prior to 
leaving the fishing site, and return the permit by the due date marked 
on the permit.
    (C) You must remove both lobes of the caudal (tail) fin from 
subsistence-caught salmon before leaving the fishing site.
    (D) You may take salmon by rod and reel, dip net, spear, and gaff 
year round.
    (E) For a household with 1 person, 15 salmon (other than pink) may 
be taken, and 5 cutthroat trout, with only 2 over 20 inches, may be 
taken; for pink salmon, see the conditions of the permit.
    (F) For a household with 2 persons, 30 salmon (other than pink) may 
be taken, plus an additional 10 salmon for each additional person in a 
household over 2 persons, and 5 cutthroat trout, with only 2 over 20 
inches per each household member with a maximum household limit of 30 
cutthroat trout may be taken; for pink salmon, see the conditions of 
the permit.
    (G) You may take Dolly Varden, Arctic char, whitefish, and grayling 
with rod and reel and spear year round and with a gillnet from January 
1-April 1. The maximum incidental gillnet harvest of trout is 10.
    (H) You may take cutthroat trout with rod and reel and spear from 
June 15 to April 14th and with a gillnet from January 1 to April 1.
    (I) You may not retain rainbow/steelhead trout for subsistence 
unless taken incidentally in a subsistence gillnet fishery. Rainbow/
steelhead trout must be immediately released from a dip net without 
harm.
* * * * *
    (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 
District 1.
    (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,

[[Page 39753]]

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), allowable 
gear for salmon or steelhead is restricted to gaffs, spears, gillnets, 
seines, dip nets, cast nets, handlines, or rod and reel.
    (v) Unless otherwise specified in this paragraph (e)(13), you may 
use a handline for snagging salmon or steelhead.
    (vi) You may fish with a rod and reel within 300 feet of a fish 
ladder unless the site is otherwise posted by the USDA Forest Service. 
You may not fish from, on, or in a fish ladder.
    (vii) You may 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) Nets are prohibited in streams flowing across or adjacent to 
the roads on Wrangell and Mitkof islands, and in streams flowing across 
or adjacent to the road systems connected to the community of Sitka.
    (x) You may not possess subsistence-taken and sport-taken fish of a 
given species on the same day.
    (xi) If a harvest limit is not otherwise listed for sockeye in this 
paragraph (e)(13), the harvest limit for sockeye salmon is the same as 
provided for in adjacent State subsistence or personal use fisheries. 
If a harvest limit is not established for the State subsistence or 
personal use fisheries, the possession limit is 10 sockeye and the 
annual harvest limit is 20 sockeye per household for that stream.
    (xii) The Sarkar River system above the bridge is closed to the use 
of all nets by both federally qualified and non-federally qualified 
users.
    (xiii) 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 stretched mesh size is 8 inches during the Chinook salmon 
season and 5 \1/2\ inches during the sockeye salmon season. There is no 
maximum mesh size during the coho salmon season.
    (A) You may take Chinook salmon from May 15 through June 20. The 
annual limit is five 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) Fishing nets must be checked at least twice each day.
    (xiv) 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.
    (xv) Unless noted on a Federal subsistence harvest permit, there 
are no harvest limits for pink or chum salmon.
    (xvi) Unless otherwise specified in this paragraph (e)(13), you may 
take steelhead under the terms of a subsistence fishing permit. The 
open season is January 1 through May 31. The daily household harvest 
and possession limit is one with an annual household limit of two. You 
may only use a dip net, gaff, handline, spear, or rod and reel. The 
permit conditions and systems to receive special protection will be 
determined by the local Federal fisheries manager in consultation with 
ADF&G.
    (xvii) 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; however, only 
one steelhead may be harvested by a household from a particular 
drainage. You may use only a dip net, handline, spear, or rod and reel. 
You must return your winter season permit within 15 days of the close 
of the season and before receiving another permit for a Prince of 
Wales/Kosciusko steelhead subsistence fishery. The permit conditions 
and systems to receive special protection will be determined by the 
local Federal fisheries manager in consultation with ADF&G.
    (B) The spring season is March 1 through May 31, with a harvest 
limit of five fish per household; however, only two steelhead may be 
harvested by a household from a particular drainage. You may use only a 
dip net, handline, spear, or rod and reel. 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.
    (xviii) In addition to the requirement for a Federal subsistence 
fishing permit, the following restrictions for the harvest of Dolly 
Varden, brook trout, grayling, cutthroat trout, 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.
    (xix) There is no subsistence fishery for any salmon on the Taku 
River.
    (xx) The Klawock River drainage is closed to the use of seines and 
gillnets during July and August.
    (xxi) The Federal public waters in the Makhnati Island area, as 
defined in Sec.  100.3(b)(5) are closed to the harvest of herring and 
herring spawn, except by federally qualified users.
    (xxii) Only federally qualified subsistence users may harvest 
sockeye salmon in Neva Lake, Neva Creek, and South Creek.


[[Page 39754]]


    Dated: August 6, 2019.
Thomas C.J. Doolittle
Acting Assistant Regional Director, U.S. Fish and Wildlife Service
    Dated: August 6, 2019 .
Thomas Whitford
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2019-17136 Filed 8-9-19; 8:45 am]
 BILLING CODE 4333-15-P; 3411-15-P