Subsistence Management Regulations for Public Lands in Alaska-2021-2022 and 2022-2023 Subsistence Taking of Fish Regulations, 17713-17726 [2021-07016]

Agencies

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

[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Rules and Regulations]
[Pages 17713-17726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07016]


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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-2019-0092; FXFR13350700640-212-FF07J00000; 
FBMS#4500151540]
RIN 1018-BE36


Subsistence Management Regulations for Public Lands in Alaska--
2021-2022 and 2022-2023 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 2021-2022 and 2022-2023 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 
and rural determinations during the applicable biennial cycle. This 
rule also revises rural determinations.

DATES: This rule is effective April 6, 2021.

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-2019-0092.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Sue Detwiler, Office of 
Subsistence Management; (907) 786-3888 or [email protected]. For 
questions specific to National Forest System lands, contact Gregory 
Risdahl, Subsistence Program Leader, U.S. Department of Agriculture 
(USDA), Forest Service, Alaska Region; (907) 302-7354 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 subsistence resource regions, each of

[[Page 17714]]

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
   Federal Register citation         Date of           the following
                                   publication      provisions of __.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.
77 FR 35482...................  June 13, 2012....  Wildlife.
79 FR 35232...................  June 19, 2014....  Wildlife.
81 FR 52528...................  August 8, 2016...  Wildlife.
83 FR 3079....................  January 23, 2018.  Fish.
83 FR 50758...................  October 9, 2018..  Wildlife.
84 FR 39744...................  August 12, 2019..  Fish.
85 FR 74796...................  November 23, 2020  Wildlife.
------------------------------------------------------------------------

Current Rule

    The Departments published a proposed rule, Subsistence Management 
Regulations for Public Lands in Alaska--2021-22 and 2022-23 Subsistence 
Taking of Fish Regulations, on February 19, 2020 (85 FR 9430), 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 
20, 2020. 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-2019-0092. 
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 13 proposals for changes to subpart D. In addition, 
12 fisheries closure reviews were presented for comment as required by 
Board policy that specifies a 3-year review of all closures. Comments 
were also requested on a subpart C proposal addressing rural 
determination. 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 proposed regulatory changes, which 
ended on July 2, 2020.
    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 Councils' 
recommendations at the Board's public meeting of January 26-29, 2021. 
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 14 valid proposals and 12 fishery closure reviews, 16 were 
on the Board's non-consensus agenda and 10 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 eight 
and rejected two. 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,

[[Page 17715]]

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 one; adopted one with 
modification; rejected six; and deferred eight.

Summary of Non-Consensus Proposals Not Adopted by the Board

    The Board rejected six non-consensus proposals and deferred eight. 
The rejected proposals were recommended for rejection by the majority 
of the affected Councils or as noted below.

Yukon-Northern Area

    The Board voted to maintain a closure to the take of all fish on 
the Jim River drainage, with the expectation that the affected Councils 
will submit a special action and followup proposal to establish a 
season and harvest limits. The affected Councils recommended a 
modification to establish a season with harvest limits; however, this 
would have gone beyond the scope of the closure review and would not 
have allowed for the public review process or Tribal consultations 
regarding a new season and harvest limits.
    The Board voted to maintain a closure to the take of Arctic 
Grayling on Nome Creek in the Yukon River drainage, with the 
expectation that the affected Councils will submit a special action and 
followup proposal to establish a season and harvest limits. At the 
Board's meeting, new data was presented that was not available to the 
Councils during their original discussions and recommendations to the 
Board. The Council Chairs supported this action.

Kuskokwim Area

    The Board rejected a proposal that would have reduced the required 
distance between set nets. This action was to prevent overcrowding in 
the fishing area and was supported by both affected Councils.

Aleutian Islands, Alaska Peninsula and Chignik, and Kodiak Areas

    The Board deferred seven fishery closure reviews, which are in the 
Kodiak/Aleutians Regional Advisory Council region, to allow for the 
Council to have additional time to meet with remote communities and 
have further discussions and allow for additional public input. These 
closure reviews will be addressed during the next fisheries cycle.

Prince William Sound Area

    The Board deferred a proposal to establish a dip net fishery on the 
lower Copper River to allow conflicting users groups an opportunity to 
meet and attempt to reach a compromise.
    The Board rejected a proposal to require harvest reports to be 
submitted within 3 days. This proposal was deemed as an undue burden on 
subsistence users and was supported by both affected Councils.
    The Board rejected a proposal that would have prohibited the use of 
mono-filament and multifilament mesh dip nets during specified times 
along the upper Copper River. This proposal was deemed as an undue 
burden on subsistence users and was supported by both affected 
Councils.
    The Board rejected a proposal that would have prohibited fishing 
with dip nets from boats or watercraft along the upper Copper River. 
This action would have reduced opportunity for subsistence users and 
was supported by one Council and opposed by another.

Summary of Non-Consensus Proposals Adopted by the Board

    The Board adopted one proposal and one proposal with modification 
on the non-consensus agenda. The modification was suggested by the 
affected Council and developed during the analysis process. All of the 
adopted proposals were recommended for adoption by at least one of the 
Councils as noted below.

Prince William Sound Area

    The Board adopted a proposal to prohibit the use of bathymetry and 
or fish locator devices while fishing on the upper Copper River. This 
regulation does not require the removal or uninstallation of these 
devices from the boat or watercraft. This action was supported by one 
Council and opposed by another.

Southcentral Region

    The Board adopted with modification a proposal that determined the 
community (Census Designated Place) of Moose Pass as rural. The Board 
modified this determination to also include the Census Designated 
Places of Crown Point and Primrose. This action was supported by the 
affected Council.
    These final regulations reflect Board review and consideration of 
Council recommendations, Tribal and Alaska Native corporation 
consultations, and public comments. While all public comments received 
on the proposed rule were considered, some were outside the scope of 
this rulemaking action. 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 30 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.

[[Page 17716]]

    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).

Paperwork Reduction Act of 1995 (PRA)

    This rule does not contain any new collections of information that 
require Office of Management and Budget (OMB) approval under the PRA 
(44 U.S.C. 3501 et seq.). 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, with an expiration date of January 31. 2024. We may not conduct 
or sponsor and you are not required to respond to a collection of 
information unless it displays a currently valid OMB control number.

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

[[Page 17717]]

person, by mail, email, or phone at any time during the rulemaking 
process.
    On January 26, 2021, 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 
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 
Sue Detwiler of the Office of Subsistence Management, Alaska Regional 
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional 
assistance was provided by
     Paul McKee, Alaska State Office, Bureau of Land 
Management;
     Dr. Joshua Ream, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Vince Mathews, Alaska Regional Office, U.S. Fish and 
Wildlife Service; and
     Gregory Risdahl, 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.  __.23 by revising paragraph (a) to read as follows:


Sec.  __.23  Rural determinations.

    (a) The Board has determined all communities and areas to be rural 
in accordance with Sec.  100.15 except the following: Fairbanks North 
Star Borough; Homer area--including Homer, Anchor Point, Kachemak City, 
and Fritz Creek; Juneau area--including Juneau, West Juneau, and 
Douglas; Kenai area--including Kenai, Soldotna, Sterling, Nikiski, 
Salamatof, Kalifornsky, Kasilof, and Clam Gulch; Ketchikan area--
including Ketchikan City, Clover Pass, North Tongass Highway, Ketchikan 
East, Mountain Point, Herring Cove, Saxman East, Pennock Island, and 
parts of Gravina Island; Municipality of Anchorage; Seward area--
including Seward and Valdez, and Wasilla/Palmer area--including 
Wasilla, Palmer, Sutton, Big Lake, Houston, and Bodenberg Butte.
* * * * *

Subpart D--Subsistence Taking of Fish and Wildlife

0
3. Amend Sec.  __.27 by revising paragraphs (e)(3), (4), (5), (10), and 
(11) 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

[[Page 17718]]

State commercial fishing season, with drift gillnet gear only, from 6 
p.m. Sunday until 6 p.m. Tuesday and from 6 p.m. Wednesday until 6 p.m. 
Friday.
    (ix) You may not subsistence fish in the following drainages 
located north of the main Yukon River:
    (A) Kanuti River upstream from a point 5 miles downstream of the 
State highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks.
    (x) You may not subsistence fish in the Delta River.
    (xi) In Beaver Creek downstream from the confluence of Moose Creek, 
a gillnet with mesh size not to exceed 3-inches stretch-measure may be 
used from June 15 through September 15. You may subsistence fish for 
all non-salmon species but may not target salmon during this time 
period (retention of salmon taken incidentally to 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 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.
    (xiii) 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.
    (xiv) In Districts 5 and 6, you may not take salmon for subsistence 
purposes by drift gillnets.
    (xv) 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.
    (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 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.
    (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, 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.
    (xxi) In the Yukon River drainage, Chinook salmon must be used 
primarily for human consumption and may not be targeted for dog food. 
Dried Chinook salmon may not be used for dog food anywhere in the Yukon 
River drainage. Whole fish unfit for human consumption (due to disease, 
deterioration, 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 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

[[Page 17719]]

commercial salmon fishing period in each district.
    (iv) In District 2, and anywhere in tributaries that flow into the 
Kuskokwim River within that 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).
    (v) 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.
    (vi) 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.
    (vii) 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.
    (viii) 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.
    (ix) You may not use an aggregate length of set gillnets or drift 
gillnets in excess of 50 fathoms for taking salmon.
    (x) 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.
    (xi) You must attach to the bank each subsistence set gillnet 
operated in tributaries of the Kuskokwim River and fish it 
substantially perpendicular to the bank and in a substantially straight 
line.
    (xii) 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.
    (xiii) 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.
    (xiv) 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.
    (xv) 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.
    (xvi) 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) You may not take fish from waters within 300 feet of a stream 
mouth used by salmon.
    (iii) 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.
    (iv) 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.
    (v) 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.
    (vi) You may not operate any part of a set gillnet within 300 feet 
of any part of another set gillnet.
    (vii) 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.
    (viii) You may not operate or assist in operating subsistence 
salmon net gear while simultaneously operating or assisting in 
operating commercial salmon net gear.
    (ix) 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.
    (x) 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.
    (xi) 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.
    (xii) In 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

[[Page 17720]]

both lobes of the caudal fin (tail) or the dorsal fin have been 
removed.
    (xiii) 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.
    (xiv) If you take rainbow trout incidentally in other subsistence 
net fisheries, or through the ice, you may retain them for subsistence 
purposes.
* * * * *
    (10) Cook Inlet Area. The Cook Inlet Area includes all waters of 
Alaska enclosed by a line extending east from Cape Douglas 
(58[deg]51.10' N Lat.) and a line extending south from Cape Fairfield 
(148[deg]50.25' W Long.).
    (i) General area regulations. (A) Unless restricted by regulations 
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.
    (B) If you take rainbow or 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 or steelhead trout 20 inches or 
longer, taken from Kenai Peninsula fresh waters.
    (C) Under the authority of a Federal subsistence fishing permit, 
you may take only salmon, trout, Dolly Varden, and other char. Permits 
will be issued by the in-season manager or designated representative 
and will be valid for that regulatory year, except as otherwise 
provided for in this section, or as stated under the permit conditions, 
unless the season is closed or restricted by a special action.
    (D) All fish taken under the authority of a Federal subsistence 
fishing permit must be marked and recorded prior to leaving the fishing 
site.
    (1) The fishing site includes the particular Federal public waters 
and/or adjacent shoreline from which the fish were harvested.
    (2) Marking means removing the dorsal fin.
    (E) You may not take grayling or burbot for subsistence purposes.
    (F) You may take smelt with dip nets in fresh water only from April 
1 through June 15. There are no harvest or possession limits for smelt.
    (G) You may take whitefish in the Tyone River drainage using 
gillnets.
    (H) You may take fish by gear listed in this section unless 
restricted by other regulations in this section or under the terms of a 
Federal subsistence fishing permit (as may be modified by regulations 
in this section).
    (I) 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 or by issuance of a Federal special action.
    (J) Applicable harvest provisions are as follows:

                      Table 1 to Paragraph (e)(10)
------------------------------------------------------------------------
          Location              Methods and means        Permit type
------------------------------------------------------------------------
Kasilof River Drainage......  Kasilof River dip     Household Annual
                               net or rod and reel   Permit.
                               for salmon; Kasilof
                               River fish wheel
                               for salmon; Kasilof
                               River gillnet for
                               salmon.
Kenai River Drainage........  Kenai River dip net   Household Annual
                               or rod and reel for   Permit.
                               salmon; Kenai River
                               gillnet for salmon.
Kasilof River Drainage......  Tustumena Lake rod    General Subsistence
                               and reel for          Fishing Permit
                               salmon; Kasilof       (Daily/Possession
                               River drainage rod    Limits).
                               and reel for
                               resident species.
Kenai River Drainage........  Kenai River rod and   General Subsistence
                               reel only for         Fishing Permit
                               salmon; Kenai River   (Daily/Possession
                               and tributaries       Limits).
                               under ice jigging
                               and rod and reel
                               for resident
                               species.
Tustumena Lake..............  Tustumena Lake under  Tustumena Lake
                               ice fishery.          Winter Permit.
------------------------------------------------------------------------

    (1) Harvest limits may not be accumulated.
    (2) Each household may harvest its annual salmon limits in one or 
more days.
    (3) All salmon harvested as part of a household annual limit must 
be reported to the Federal in-season manager within 72 hours of leaving 
the fishing site.
    (4) For Ninilchik residents, the household annual limits for 
Chinook salmon in the Kasilof River and for late-run Chinook salmon in 
the Kenai River are combined.
    (ii) Seasons, harvest limits, and methods and means for Kasilof 
River fisheries. Household annual limits for salmon in Kasilof River 
fisheries are as follows:

                      Table 2 to Paragraph (e)(10)
------------------------------------------------------------------------
                                                            Additional
                                             Number of     fish allowed
                 Species                   fish allowed      for each
                                             for each        household
                                           permit holder      member
------------------------------------------------------------------------
Sockeye.................................              25               5
Chinook.................................              10               2
Coho....................................              10               2
Pink....................................              10               2
------------------------------------------------------------------------

    (A) Kasilof River dip net or rod and reel; salmon. (1) Residents of 
Ninilchik may take sockeye, Chinook, coho, and pink salmon through a 
dip net or 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.
    (2) Residents using rod-and-reel gear may fish with up to two 
baited single or treble hooks.
    (3) 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.
    (4) Harvest seasons are as follows:

                      Table 3 to Paragraph (e)(10)
------------------------------------------------------------------------
                  Species                              Season
------------------------------------------------------------------------
Sockeye salmon............................  June 16-August 15.
Chinook salmon............................  June 16-August 15.
Coho salmon...............................  June 16-October 31.
Pink salmon...............................  June 16-October 31.
------------------------------------------------------------------------


[[Page 17721]]

    (B) Kasilof River fish wheel; salmon. (1) 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.
    (2) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River fish wheel except for rainbow or steelhead 
trout, which must be released and returned unharmed to the water.
    (3) Only one fish wheel may be operated on the Kasilof River. The 
fish wheel must: Have a live box, be monitored when fishing, be stopped 
from fishing when it is not being monitored or used, and be installed 
and operated in compliance with any regulations and restrictions for 
its use within the Kenai National Wildlife Refuge.
    (4) 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 
operational 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 operational plan to the 
Federal 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 that is at least 12 inches high by 12 inches wide, 
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, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (5) People operating the fish wheel must:
    (i) Have in possession a valid Federal subsistence fishing permit 
and remain onsite to monitor the fish wheel and remove all fish at 
least every hour.
    (ii) In addition, any person operating the fish wheel who is not 
the owner must attach to the fish wheel an additional wood, metal, or 
plastic plate that is at least 12 inches high by 12 inches wide, is 
plainly visible, and contains the person's fishing permit number, name, 
and address in letters and numerals at least 1 inch high.
    (6) The organization owning the fish wheel 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; and
    (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.
    (7) Fishing is allowed from June 16 through October 31 on the 
Kasilof River unless closed or otherwise restricted by Federal special 
action.
    (C) Kasilof River gillnet; salmon. (1) Residents of Ninilchik may 
harvest sockeye, Chinook, coho, and pink salmon in the Federal public 
waters of the upper mainstem of the Kasilof River from a Federal 
regulatory marker on the river below the outlet of Tustumena Lake 
downstream to the Tustumena Lake boat launch with a single gillnet from 
June 16 through August 15.
    (2) Only one community gillnet may be operated on the Kasilof 
River.
    (i) The gillnet may not: Be over 10 fathoms in length, be larger 
than 5.25-inch mesh, and obstruct more than half of the river width 
with stationary fishing gear.
    (ii) Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (iii) The gillnet may be operated as a set gillnet in a fixed 
location, as a pole-net system drifted through an area while wading, or 
as a drift net from a boat.
    (3) One registration permit will be available and will be issued by 
the Federal in-season fishery manager, in consultation with the Kenai 
National Wildlife Refuge manager, to the Ninilchik Traditional Council. 
As the community gillnet owner, the Ninilchik Traditional Council will 
be responsible for its use and removal in consultation with the Federal 
in-season manager. As part of the permit, after the season, the 
Ninilchik Traditional Council must provide written documentation of 
required evaluation information to the Federal fishery manager 
including, but not limited to:
    (i) Persons or households operating the gear;
    (ii) Hours of operation; and
    (iii) Number of each species caught and retained or released.
    (4) The community gillnet is subject to compliance with applicable 
Kenai National Wildlife Refuge regulations and restrictions.
    (5) The Ninilchik Traditional Council may operate the net 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 fishing the 
gillnet; and
    (ii) Includes provisions for recording daily catches within 72 
hours, the household to whom the catch was given, and other information 
determined to be necessary for effective resource management by the 
Federal in-season manager.
    (6) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River community gillnet fishery. The gillnet 
fishery will be closed when the retention of rainbow or steelhead trout 
has been restricted under Federal subsistence regulations.
    (D) Tustumena Lake rod and reel; salmon. (1) In addition to the dip 
net and rod and reel fishery on the upper mainstem of the Kasilof River 
described under paragraph (e)(10)(ii)(A)(1) of this section, residents 
of Ninilchik may also take coho and pink salmon through a rod and reel 
fishery in Tustumena Lake. Fishing is allowed with up to two baited 
single or treble hooks.
    (2) 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 
harvest and possession limits:

                      Table 4 to Paragraph (e)(10)
------------------------------------------------------------------------
            Species                    Size                Limits
------------------------------------------------------------------------
Coho salmon...................  16 inches and      4 per day and 4 in
                                 longer.            possession.
Pink salmon...................  16 inches and      6 per day and 6 in
                                 longer.            possession.
------------------------------------------------------------------------


[[Page 17722]]

    (E) Kasilof drainage rod and reel; resident species. Resident fish 
species including lake trout, rainbow or steelhead trout, and Dolly 
Varden or Arctic char may be harvested by rod and reel in federally 
managed waters of the Kasilof River drainage the entire year as 
follows:

                      Table 5 to Paragraph (e)(10)
------------------------------------------------------------------------
           Species               Specifications            Limits
------------------------------------------------------------------------
Lake trout..................  Fish 20 inches and    4 per day and 4 in
                               longer.               possession.
                              Fish less than 20     15 per day and 15 in
                               inches in length.     possession.
Dolly Varden and Arctic char  In flowing waters...  4 per day and 4 in
                                                     possession.
                              In lakes and ponds..  10 per day and 10 in
                                                     possession.
Rainbow or steelhead trout..  In flowing waters...  2 per day and 2 in
                                                     possession.
                              In lakes and ponds..  5 per day and 5 in
                                                     possession.
------------------------------------------------------------------------

    (F) Tustumena Lake under ice fishery; resident species. (1) You may 
fish in Tustumena Lake with a gillnet under the ice, or with jigging 
gear used through the ice. The gillnet may not be longer than 10 
fathoms.
    (2) Harvest limits are as follows:

                      Table 6 to Paragraph (e)(10)
------------------------------------------------------------------------
                                                         Additional
           Methods                   Limits              provisions
------------------------------------------------------------------------
Jigging gear through the ice  Household annual      Household limits are
                               limit of 30 fish in   included in the
                               any combination of    overall total
                               lake trout, rainbow   annual harvest
                               trout, and Dolly      quota.
                               Varden or Arctic
                               char.
Gillnet under the ice.......  Total annual harvest  The Federal in-
                               quota of 200 lake     season manager will
                               trout, 200 rainbow    issue a closure for
                               trout, and 500        this fishery once
                               Dolly Varden or       any of these quotas
                               Arctic char.          has been met.
------------------------------------------------------------------------

    (3) 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.
    (4) A permit is required. The permit will be issued by the Federal 
in-season manager or designated representative and will be valid for 
the winter season unless the season is closed by special action.
    (i) The permittee must report the following information: The number 
of each species caught; the number of each species retained; the 
length, depth (number of meshes deep), and mesh size of gillnet fished; 
the fishing site; and the total hours fished.
    (ii) The gillnet must be checked at least once in every 48-hour 
period.
    (iii) For unattended gear, the permittee's name and address must be 
plainly and legibly inscribed on a stake at one end of the gillnet.
    (5) Incidentally caught fish may be retained and must be recorded 
on the permit before transporting fish from the fishing site.
    (6) 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.
    (iii) Seasons, harvest limits, and methods and means for Kenai 
River fisheries. Household annual limits for salmon in Kenai River 
fisheries are as follows:

                                          Table 7 to Paragraph (e)(10)
----------------------------------------------------------------------------------------------------------------
                                                               Additional
                                                Number of     fish allowed
                  Species                     fish allowed      for each            Additional provisions
                                                for each        household
                                             permit  holder      member
----------------------------------------------------------------------------------------------------------------
Sockeye salmon.............................              25               5  Chum salmon that are retained are
                                                                              to be included within the annual
                                                                              limit for sockeye salmon.
Chinook salmon-- (July 1 through July 15)..               2               1  For the Kenai River community
                                                                              gillnet fishery described under
                                                                              paragraph (e)(10)(iii)(B) of this
                                                                              section.
Chinook salmon-- (July 16 through August                 10               2  ...................................
 31).
Coho salmon................................              20               5  ...................................
Pink salmon................................              15               5  ...................................
----------------------------------------------------------------------------------------------------------------

    (A) Kenai River dip net or rod and reel; salmon. (1) You may take 
only sockeye salmon through a dip net or rod and reel fishery at one 
specified site on the Russian River.
    (i) For the Russian River fishing site, incidentally caught fish 
may be retained for subsistence uses, except for Chinook salmon, coho 
salmon, rainbow trout, and Dolly Varden, which must be released.
    (ii) 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) You may take sockeye, Chinook, coho, and pink salmon through a 
dip net or rod and reel fishery at two

[[Page 17723]]

specified sites on the Kenai River below Skilak Lake and as provided in 
this section.
    (i) For both Kenai River fishing sites below Skilak Lake, 
incidentally caught fish may be retained for subsistence uses, except 
for Chinook salmon prior to July 16 (unless otherwise provided for in 
this section), rainbow trout 18 inches or longer, and Dolly Varden 18 
inches or longer, which must be released.
    (ii) 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 through 
August 31.
    (iii) 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 through August 31.
    (3) Fishing seasons are as follows:

                      Table 8 to Paragraph (e)(10)
------------------------------------------------------------------------
           Species                   Season               Location
------------------------------------------------------------------------
Sockeye salmon..............  June 15-August 15...  All three sites.
Chinook salmon..............  July 16-September 30  Kenai River sites
                                                     only.
Pink salmon.................  July 16-September 30  Kenai River sites
                                                     only.
Coho salmon.................  July 16-September 30  Kenai River sites
                                                     only.
------------------------------------------------------------------------

    (B) Kenai River gillnet; salmon. (1) Residents of Ninilchik may 
harvest sockeye, Chinook, coho, and pink salmon in the Moose Range 
Meadows area of the Federal public waters of the Kenai River with a 
single gillnet to be managed and operated by the Ninilchik Traditional 
Council.
    (2) Fishing will be allowed July 1 through August 15 and September 
10-30 on the Kenai River unless closed or otherwise restricted by 
Federal special action. The following conditions apply to harvest in 
the Kenai River community gillnet fishery:
    (i) Salmon taken in this fishery will be included as household 
annual limits of participating households.
    (ii) The Ninilchik Traditional Council will report all harvested 
fish within 72 hours of leaving the gillnet location.
    (iii) Additional harvest restrictions for this fishery are as 
follows:

                                          Table 9 to Paragraph (e)(10)
----------------------------------------------------------------------------------------------------------------
              Species                       Period                   Harvest                 Fishery limits
----------------------------------------------------------------------------------------------------------------
Sockeye salmon....................  July 1-August 15 and
                                     September 10-30.
Chinook salmon less than 46 inches  July 1-15............  Fish may be retained if     Fishery will close until
 in length or greater than 55                               the most current            July 16 once 50 Chinook
 inches in length.                                          preseason forecast from     salmon have been
                                                            the State of Alaska         retained or released.
                                                            Department of Fish and
                                                            Game projects the in-
                                                            river run to be within or
                                                            above the optimal
                                                            escapement goal range for
                                                            early-run Chinook salmon;
                                                            otherwise, live fish must
                                                            be released.
Chinook salmon....................  July 16-August 15....  ..........................  Fishery will close prior
                                                                                        to August 15 if 200
                                                                                        Chinook salmon have been
                                                                                        retained or released
                                                                                        between July 16 and that
                                                                                        date. Fishery will
                                                                                        reopen September 10-30
                                                                                        for species available at
                                                                                        that time.
Pink salmon.......................  July 16-August 15 and
                                     September 10-30.
Coho salmon.......................  July 16-August 15 and
                                     September 10-30.
Incidentally caught rainbow trout   .....................  All live fish must be       Fishery will close for
 and Dolly Varden.                                          released. Fish that die     the season once 100
                                                            in net may be retained.     rainbow trout or 150
                                                                                        Dolly Varden have been
                                                                                        released or retained.
----------------------------------------------------------------------------------------------------------------

    (iv) Chinook salmon less than 20 inches in length may be retained 
and do not count towards retained or released totals.
    (v) Other incidentally caught species may be retained; however, all 
incidental fish mortalities, except for Chinook salmon less than 20 
inches in length, count towards released or retained totals specified 
in this section.
    (3) Only one community gillnet may be operated on the Kenai River.
    (i) The gillnet may not: Be over 10 fathoms in length to take 
salmon; be larger than 5.25-inch mesh; and obstruct more than half of 
the river width with stationary fishing gear.
    (ii) Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (4) One registration permit will be available and will be issued by 
the Federal in-season manager, in consultation with the Kenai National 
Wildlife Refuge manager, to the Ninilchik Traditional Council. As the

[[Page 17724]]

community gillnet owner, the Ninilchik Traditional Council will be 
responsible for its use and removal in consultation with the Federal 
in-season manager. As part of the permit, the Ninilchik Traditional 
Council must provide post-season written documentation of required 
evaluation information to the Federal in-season manager including, but 
not limited to:
    (i) Persons or households operating the gear;
    (ii) Hours of operation; and
    (iii) Number of each species caught and retained or released.
    (5) The Ninilchik Traditional Council may operate the net 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 fishing the 
gillnet; and
    (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 in-season 
manager.
    (C) Kenai River rod and reel only; salmon. (1) For federally 
managed waters of the Kenai River and its tributaries, you may take 
sockeye, Chinook, coho, pink, and chum salmon through a separate rod 
and reel fishery in the Kenai River drainage.
    (2) Seasons, areas, harvest and possession limits, and methods and 
means 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 
77.540), except for the following harvest and possession limits:

                      Table 10 to Paragraph (e)(10)
------------------------------------------------------------------------
            Species                    Size                Limits
------------------------------------------------------------------------
Chinook salmon-- (January 1     Less than 46       2 per day and 2 in
 through July 15).               inches or 55       possession.
                                 inches and
                                 longer.
Chinook salmon-- (July 16       20 inches and      2 per day and 2 in
 through August 31).             longer.            possession.
All other salmon..............  16 inches and      6 per day and 6 in
                                 longer.            possession, of which
                                                    no more than 4 per
                                                    day and 4 in
                                                    possession may be
                                                    Coho salmon, except
                                                    for the Sanctuary
                                                    Area and Russian
                                                    River where no more
                                                    than 2 per day and 2
                                                    in possession may be
                                                    Coho salmon.
------------------------------------------------------------------------

    (i) In the Kenai River below Skilak Lake, fishing is allowed with 
up to two baited single or treble hooks June 15 through August 31.
    (ii) Annual harvest limits for any combination of Chinook salmon 
are four for each permit holder.
    (iii) Incidentally caught fish, other than salmon, are subject to 
regulations found in paragraph (e)(10)(iii)(D) of this section.
    (D) Kenai River and tributaries under ice jigging and rod and reel; 
resident species. (1) For federally managed waters of the Kenai River 
and its tributaries below Skilak Lake outlet at river mile 50, you may 
take resident fish species including lake trout, rainbow trout, and 
Dolly Varden or Arctic char with jigging gear through the ice or rod 
and reel gear in open waters. Seasons, areas, harvest and possession 
limits, and methods and means 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 77.540), except for the following harvest 
and possession limits:

                      Table 11 to Paragraph (e)(10)
------------------------------------------------------------------------
            Species               Specifications           Limits
------------------------------------------------------------------------
Lake trout....................  20 inches or       4 per day and 4 in
                                 longer.            possession.
                                Less than 20       15 per day and 15 in
                                 inches.            possession.
Dolly Varden or Arctic char...  In flowing waters  For fish less than 18
                                                    inches, 1 per day
                                                    and 1 in possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one may be 20
                                                    inches or longer,
                                                    may be harvested
                                                    daily.
Rainbow or steelhead trout....  In flowing waters  For fish less than 18
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
------------------------------------------------------------------------

    (2) For federally managed waters of the upper Kenai River and its 
tributaries above Skilak Lake outlet at river mile 50, you may take 
resident fish species including lake trout, rainbow trout, and Dolly 
Varden or Arctic char with jigging gear through the ice or rod and reel 
gear in open waters. Seasons, areas, harvest and possession limits, and 
methods and means 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 77.540), except for the following harvest and possession limits:

                      Table 12 to Paragraph (e)(10)
------------------------------------------------------------------------
            Species               Specifications           Limits
------------------------------------------------------------------------
Lake trout....................  20 inches or       4 per day and 4 in
                                 longer.            possession.
                                Less than 20       15 per day and 15 in
                                 inches.            possession.
                                From Hidden Lake.  2 per day and 2 in
                                                    possession
                                                    regardless of
                                                    length.
Dolly Varden or Arctic char...  In flowing waters  For fish less than 16
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.

[[Page 17725]]

 
Rainbow or steelhead trout....  In flowing waters  For fish less than 16
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
------------------------------------------------------------------------

    (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.
    (H) While you are fishing from a boat or other watercraft, you may 
not use any device that indicates bathymetry and/or fish locations, 
e.g., fish finders. These devices do not have to be removed or 
uninstalled from a boat or watercraft.
    (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 17726]]

    (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.
* * * * *

Sue Detwiler,
Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2021-07016 Filed 4-5-21; 8:45 am]
BILLING CODE 3411-15-P; 4333-15-P