[Federal Register Volume 66, Number 30 (Tuesday, February 13, 2001)]
[Rules and Regulations]
[Pages 10142-10160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1953]
[[Page 10141]]
-----------------------------------------------------------------------
Part III
Department of Agriculture
-----------------------------------------------------------------------
Forest Service
-----------------------------------------------------------------------
36 CFR Part 242
Department of the Interior
-----------------------------------------------------------------------
Office of the Secretary
-----------------------------------------------------------------------
50 CFR Part 100
Subsistence Management Regulations for Public Lands in Alaska, Subpart
C and Subpart D--2001 Subsistence Taking of Fish and Wildlife
Regulations; Final Rule
Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 /
Rules and Regulations
[[Page 10142]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AF91
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--2001 Subsistence Taking of Fish and Wildlife
Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes regulations for seasons, harvest
limits, methods, and means related to taking of wildlife, fish, and
shellfish for subsistence uses during the 2001 regulatory year. The
rulemaking is necessary because Subpart D is subject to an annual
public review cycle. This rulemaking replaces the fish and shellfish
regulations included in the ``Subsistence Management Regulations for
Public Lands in Alaska, Subparts A, B, C, and D, Redefinition to
Include Waters Subject to Subsistence Priority,'' which expire on
February 28, 2001. This rule also adds a paragraph in Section ______.25
relative to the issuance of educational and cultural harvest permits
and amends the Customary and Traditional Use Determinations of the
Federal Subsistence Board (Section ______.24 of Subpart C).
DATES: Section ______.24(a)(2) is effective March 1, 2001. Section
______.25(c) is effective March 1, 2001, through June 30, 2001.
Sections ______.26, ______.27, and ______.28 are effective March 1,
2001, through February 28, 2002.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Ken Thompson, Regional
Subsistence Program Manager, USDA, Forest Service, Alaska Region, (907)
786-3888.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands, unless the State of Alaska enacts
and implements laws of general applicability that are consistent with
ANILCA and that provide for the subsistence definition, preference, and
participation specified in Sections 803, 804, and 805 of ANILCA. The
State implemented a program that the Department of the Interior
previously found to be consistent with ANILCA. However, in December
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska
that the rural preference in the State subsistence statute violated the
Alaska Constitution. The Court's ruling in McDowell required the State
to delete the rural preference from the subsistence statute and,
therefore, negated State compliance with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture (Departments) assumed, on
July 1, 1990, responsibility for implementation of Title VIII of ANILCA
on public lands. On June 29, 1990, the Temporary Subsistence Management
Regulations for Public Lands in Alaska were published in the Federal
Register (55 FR 27114-27170). On January 8, 1999, (64 FR 1276), the
Departments extended jurisdiction to include waters in which there
exists a Federal reserved water right. This amended rule conformed the
Federal Subsistence Management Program to the Ninth Circuit's ruling in
Alaska v. Babbitt.
Consistent with Subparts A, B, and C of these regulations, the
Departments established a Federal Subsistence Board to administer the
Federal Subsistence Management Program. The Board's composition
includes a Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service; the Alaska Regional Director,
U.S. National Park Service; the Alaska State Director, U.S. Bureau of
Land Management; the Alaska Regional Director, U.S. Bureau of Indian
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through
the Board, these agencies participated in the development of
regulations for Subparts A, B, and C, and the annual Subpart D
regulations.
All Board members have reviewed this rule and agree with its
substance. Because this rule relates to public lands managed by an
agency or agencies in both the Departments of Agriculture and the
Interior, identical text would be incorporated into 36 CFR part 242 and
50 CFR part 100.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless otherwise amended) of the Subsistence
Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to
100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this
rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR
242.4 apply to regulations found in this subpart.
Federal Subsistence Regional Advisory Councils
Pursuant to the Record of Decision, Subsistence Management
Regulations for Federal Public Lands in Alaska, April 6, 1992, and the
Subsistence Management Regulations for Federal Public Lands in Alaska,
36 CFR 242.11 (1999) and 50 CFR 100.11 (1999), and for the purposes
identified therein, we divide Alaska into ten subsistence resource
regions, each of which is represented by a Federal Subsistence Regional
Advisory Council (Regional Council). The Regional Councils provide a
forum for rural residents, with personal knowledge of local conditions
and resource requirements, to have a meaningful role in the subsistence
management of fish and wildlife on Alaska public lands. The Regional
Council members represent varied geographical, cultural, and user
diversity within each region.
The Regional Councils had a substantial role in reviewing the
proposed rule and making recommendations for the final rule. Moreover,
the Council Chairs, or their designated representatives, presented
their Council's recommendations at the Board meeting of December 5-6,
2000.
Summary of Changes
Section ______.24 (Customary and traditional use determinations)
was originally published in the Federal Register (57 FR 22940) on May
29, 1992. Since that time, the Board has made a number of Customary and
Traditional Use Determinations at the request of impacted subsistence
users. Those modifications, along with some administrative corrections,
were published in the Federal Register (59 FR 27462, published May 27,
1994; 59 FR 51855, published October 13, 1994; 60 FR 10317, published
February 24, 1995; 61 FR 39698, published July 30, 1996; 62 FR 29016,
published May 29, 1997; 63 FR 35332, published June 29, 1998; 63 FR
46148, published August 28, 1998; 64 FR 1276, published January 8,
1999; and 64 FR 35776, published July 1, 1999). During its December 5-
6,
[[Page 10143]]
2000, meeting, the Board made additional determinations in addition to
various annual season and harvest limit changes. The public has had
extensive opportunity to review and comment on all changes. Additional
details on the recent Board modifications are contained below in
Analysis of Proposals Adopted by the Board.
Subpart D regulations are subject to an annual cycle and require
development of an entire new rule each year. Customary and traditional
use determinations are also subject to an annual review process
providing for modification each year. Proposed Subpart D regulations
for the 2001-2002 seasons and harvest limits, and methods and means
were published on February 2, 2000, in the Federal Register (65 FR
5197). A 55-day comment period providing for public review of the
proposed rule and calling for proposals was advertised by mail, radio,
and newspaper. During that period, the Regional Councils met and, in
addition to other Regional Council business, received suggestions for
proposals from the public. The Board received a total of 44 proposals
for changes to Customary and Traditional Use Determinations or to
Subpart D. Subsequent to the review period, the Board prepared a
booklet describing the proposals and distributed it to the public. The
public had an additional 49 days in which to comment on the proposals
for changes to the regulations. The ten Regional Councils met again,
received public comments, and formulated their recommendations to the
Board on proposals for their respective regions. Ten of the proposals
were withdrawn from consideration by their originators. These final
regulations reflect Board review and consideration of Regional Council
recommendations and public comments.
Analysis of Proposals Rejected by the Board
The Board rejected six proposals. All but two of these rejections
were based on recommendations from the respective Regional Council. In
those two other cases, the Regional Council recommendations to close a
sport fishery in one instance and reduce harvest limits in another did
not have sufficient justification, imposed an unnecessary restriction
on the taking for nonsubsistence uses and were without biological
justification.
The Board rejected two proposals requesting that State subsistence
fishing permits be replaced with a Federal permit. In each case, the
Federal permit would have imposed an undue burden on the user and
duplicated permitting requirements already in place without adding any
net benefit.
One proposal requested establishing a Federal subsistence fishery
in the marine portion of a bay/river area. In this case, the area
proposed for the fishery was not under jurisdiction of the Federal
Subsistence Program.
One proposal requested restricting the subsistence fishery to the
estuary portion of a river system. This proposal was rejected because
it would be detrimental to the subsistence users who fish at many
locations throughout the river system.
The Board deferred action on six proposals in order to assemble
additional fisheries data, to allow communities or Regional Councils
additional time to review the issues and provide additional
information, or to work with an international treaty commission.
Analysis of Proposals Adopted by the Board
The Board adopted 21 proposals. Some of these proposals were
adopted as submitted and others were adopted with modifications
suggested by the respective Regional Council or developed during the
Board's public deliberations.
All of the adopted proposals were recommended for adoption by at
least one of the Regional Councils and were based on meeting customary
and traditional uses, harvest practices, or protecting fish
populations. Detailed information relating to justification for the
action on each proposal may be found in the Board meeting transcripts,
available for review at the Office of Subsistence Management, 3601 C
Street, Suite 1030, Anchorage, Alaska or on the Office of Subsistence
Management website (http://www.r7.fws.gov/asm/home.html). Additional
technical clarifications and removal of excess materials have been
made, which result in a more readable document. Also wording has been
added based on previous Board action and public comment that allows for
the Office of Subsistence Management to issue permit renewals for the
taking of a limited number of fish or wildlife for educational or
cultural purposes.
Kotzebue Fishery Management Area
The Board adopted two proposals affecting residents of the Kotzebue
Fishery Management Area resulting in the following changes to the
regulations found in Sec. ______.27.
Deleted a subsistence closure for char at the mouth of the
Kelly River.
Revised the regulations relative to blocking a stream with
a net for the taking of whitefish and pike.
Yukon-Northern Fishery Management Area
The Board adopted four proposals affecting residents of the Yukon-
Northern Fishery Management Area resulting in the following changes to
the regulations found in Sec. ______.27.
Deleted a restriction on subsistence fishermen who also fish
commercially.
Deleted a requirement for a non-salmon harvest permit on
the Tanana River.
Revised where a permit is required for whitefish and
suckers on Birch Creek.
Restricted the targeting of chinook salmon for dog food in
the Yukon River drainage.
Kuskokwim Fishery Management Area
The Board adopted one proposal affecting residents of the Kuskokwim
Fishery Management Area resulting in the following change to the
regulations found in Sec. ______.27.
Revised the regulations relating to the taking of trout by
certain villages.
Bristol Bay Fishery Management Area
The Board adopted one proposal affecting residents of the Bristol
Bay Fishery Management Area resulting in the following change to the
regulations found in Sec. ______.27.
Revised the regulations relating to the marking of
subsistence-caught coho salmon.
Prince William Sound Fishery Management Area
The Board adopted four proposals affecting residents of the Prince
William Sound Fishery Management Area resulting in the following
changes to the regulations found in Sec. ______.24 and in
Sec. ______.27.
Established a customary and traditional use determination
in the Chitina Subdistrict.
Opened the salmon season earlier in the Glennallen
Subdistrict.
Revised the season and harvest limits for the Batzulnetas
fishery.
Revised the customary and traditional use determination
for the Upper Copper River and the Batzulnetas areas.
Yakutat Fishery Management Area
The Board adopted one proposal affecting residents of the Yakutat
Fishery Management Area resulting in the following change to the
regulations found in Sec. ______.24.
[[Page 10144]]
Revised the customary and traditional use determination
for the Yakutat Fishery Management Area.
Southeastern Alaska Fishery Management Area
The Board adopted nine proposals affecting residents of the
Southeastern Alaska Fishery Management Area resulting in the following
changes to the regulations found in Sec. ______.24 and in
Sec. ______.27.
Revised the customary and traditional use determination
for the Southeastern Alaska Fishery Management Area.
Revised harvest limits for trout and Dolly Varden
throughout the Southeastern Alaska Fishery Management Area and
established a harvest limit and methods of take for steelhead trout on
Prince of Wales Island.
Revised the harvest limit for sockeye salmon in a number
of areas.
Closed three drainages to the non-subsistence harvest of
sockeye salmon.
Provided for the harvest of coho salmon in a portion of
the Southeastern Alaska Fishery Management Area.
Closed a portion of a river system to the use of nets.
Conformance with Statutory and Regulatory Authorities
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. That document
described the major issues associated with Federal subsistence
management as identified through public meetings, written comments, and
staff analysis and examined the environmental consequences of the four
alternatives. Proposed regulations (Subparts A, B, and C) that would
implement the preferred alternative were included in the DEIS as an
appendix. The DEIS and the proposed administrative regulations
presented a framework for an annual regulatory cycle regarding
subsistence hunting and fishing regulations (Subpart D). The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the Federal Subsistence Board and the
Department of the Interior's Subsistence Policy Group, the Secretary of
the Interior, with the concurrence of the Secretary of Agriculture,
through the U.S. Department of Agriculture--Forest Service, decided to
implement Alternative IV as identified in the DEIS and FEIS (Record of
Decision on Subsistence Management for Federal Public Lands in Alaska
(ROD), signed April 6, 1992). The DEIS and the selected alternative in
the FEIS defined the administrative framework of an annual regulatory
cycle for subsistence hunting and fishing regulations. The final rule
for Subsistence Management Regulations for Public Lands in Alaska,
Subparts A, B, and C (57 FR 22940-22964, published May 29, 1992)
implemented the Federal Subsistence Management Program and included a
framework for an annual cycle for subsistence hunting and fishing
regulations.
Compliance with Section 810 of ANILCA
The intent of all Federal subsistence regulations is to accord
subsistence uses of fish and wildlife on public lands a priority over
the taking of fish and wildlife on such lands for other purposes,
unless restriction is necessary to conserve healthy fish and wildlife
populations. A section 810 analysis was completed as part of the FEIS
process. The final section 810 analysis determination appeared in the
April 6, 1992, ROD, which concluded that the Federal Subsistence
Management Program, under Alternative IV with an annual process for
setting hunting and fishing regulations, may have some local impacts on
subsistence uses, but the program is not likely to significantly
restrict subsistence uses.
Paperwork Reduction Act
These rules contain information collection requirements subject to
Office of Management and Budget (OMB) approval under the Paperwork
Reduction Act of 1995. They apply to the use of public lands in Alaska.
The information collection requirements described below were approved
by OMB under 44 U.S.C. 3501 and were assigned clearance number 1018-
0075, which expires July 31, 2003. The information collection
requirements described below will be submitted to OMB for approval
beyond that date. We will not conduct or sponsor, and you are not
required to respond to, a collection of information request unless it
displays a currently valid OMB control number.
The collection of information will be achieved through the use of
the Federal Subsistence Harvest Permit Application. This collection of
information will establish whether the applicant qualifies to
participate in a Federal subsistence fishery on public lands in Alaska
and will provide a report of harvest and location of harvest.
The likely respondents to this collection of information are rural
Alaska residents who wish to participate in specific subsistence
fisheries on Federal land. The collected information is necessary to
determine harvest success and harvest location in order to make
management decisions relative to the conservation of healthy fish and
wildlife populations. The annual burden of reporting and recordkeeping
is estimated to average 0.25 hours per response, including time for
reviewing instructions, gathering and maintaining data, and completing
and reviewing the form. The estimated number of likely respondents
under this rule is less than 5,000, yielding a total annual reporting
and recordkeeping burden of 1,250 hours or less.
Direct comments on the burden estimate or any other aspect of this
form to: Information Collection Officer, U.S. Fish and Wildlife
Service, 1849 C Street, NW, MS 222 ARLSQ, Washington, DC 20240.
Additional information collection requirements may be imposed if Local
Advisory Committees subject to the Federal Advisory Committee Act are
established under Subpart B.
Other Requirements
This rule was not subject to OMB review under Executive Order
12866.
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.
The Departments have determined that this rulemaking will not have a
significant economic effect on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act.
This rulemaking will impose no significant costs on small entities;
the exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant positive economic effect on a number of
small entities, such as tackle, boat, and gasoline dealers. The number
of small entities affected is unknown; but, the fact that the positive
effects will be seasonal in nature and will, in most cases, merely
continue preexisting uses of public lands indicates that they will not
be significant.
In general, the resources harvested under this rule will be
consumed by the local harvester and do not result in a dollar benefit
to the economy. However,
[[Page 10145]]
we estimate that 24 million pounds of fish (including 8.3 million
pounds of salmon) are harvested by the local subsistence users annually
and, if given a dollar value of $3.00 per pound for salmon and $0.58
per pound for other fish, would equate to about $34 million in food
value Statewide.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence preference on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
The Service has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will
not impose a cost of $100 million or more in any given year on local or
State governments or private entities. The implementation of this rule
is by Federal agencies, and no cost is involved to any State or local
entities or Tribal governments.
The Service has determined that these final regulations meet the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988.
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. Title VIII of ANILCA precludes the State from
exercising full management authority over fish and wildlife resources
on Federal lands.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), 512 DM 2, and E.O. 13175, we have
evaluated possible effects on Federally recognized Indian tribes and
have determined that there are no effects. The Bureau of Indian Affairs
is a participating agency in this rulemaking.
Drafting Information
William Knauer drafted these regulations under the guidance of
Thomas H. Boyd, of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Curt Wilson, Alaska State Office, Bureau of Land Management; Rod
Simmons, Alaska Regional Office, U.S. Fish and Wildlife Service; Bob
Gerhard, Alaska Regional Office, National Park Service; Ida Hildebrand,
Alaska Regional Office, Bureau of Indian Affairs; and Ken Thompson,
USDA-Forest Service, provided additional guidance.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
For the reasons set out in the preamble, the Federal Subsistence
Board amends Title 36, part 242, and Title 50, part 100, of the Code of
Federal Regulations, as set forth below.
PART______--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
1. The authority citation for both 36 CFR Part 242 and 50 CFR Part
100 continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart C--Board Determinations
2. In Subpart C of 36 CFR part 242 and 50 CFR part 100,
Sec. ______.24(a)(2) is revised to read as follows:
Sec. .______24 Customary and traditional use determinations.
(a) * * *
(2) Fish determinations.
----------------------------------------------------------------------------------------------------------------
Area Species Determination
----------------------------------------------------------------------------------------------------------------
Kotzebue Area........................... All fish..................... Residents of the Kotzebue Area.
Norton Sound--Port Clarence Area........ All fish..................... Residents of the Norton Sound-Port
Clarence Area.
Yukon-Northern Area:
Yukon River drainage................ Salmon, other than Yukon Residents of the Yukon Area, including
River Fall Chum salmon. the community of Stebbins.
Yukon River drainage................ Yukon River Fall chum salmon. Residents of the Yukon River drainage,
including the communities of Stebbins,
Scammon Bay, Hooper Bay, and Chevak.
Yukon River drainage................ Freshwater fish species Residents of the Yukon Northern Area.
(other than salmon),
including sheefish,
whitefish, lamprey, burbot,
sucker, grayling, pike,
char, and blackfish.
Remainder of the Yukon-Northern Area All fish..................... Residents of the Northern Area, except
for those domiciled in Unit 26-B.
Kuskokwim Area.......................... Salmon....................... Residents of the Kuskokwim Area, except
those persons residing on the United
States military installation located
on Cape Newenham, Sparevohn USAFB, and
Tatalina USAFB.
Rainbow trout................ Residents of the communities of
Quinhagak, Goodnews Bay, Kwethluk,
Eek, Akiachak, Akiak, and Platinum.
Pacific cod.................. Residents of the communities of Chevak,
Newtok, Tununak, Toksook Bay,
Nightmute, Chefornak, Kipnuk,
Mekoryuk, Kwigillingok, Kongiganak,
Eek, and Tuntutuliak.
All other fish other than Residents of the Kuskokwim Area, except
herring. those persons residing on the United
States military installation located
on Cape Newenham, Sparevohn USAFB, and
Tatalina USAFB.
[[Page 10146]]
Waters around Nunivak Island............ Herring and herring roe...... Residents within 20 miles of the coast
between the westernmost tip of the
Naskonant Peninsula and the terminus
of the Ishowik River and on Nunivak
Island.
Bristol Bay Area:
Nushagak District, including Salmon and freshwater fish... Residents of the Nushagak District and
drainages flowing into the district. freshwater drainages flowing into the
district.
Naknek-Kvichak District--Naknek Salmon and other freshwater Residents of the Naknek and Kvichak
River drainage. fish. River drainages.
Naknek-Kvichak District--Iliamna- Salmon and other freshwater Residents of the Iliamna-Lake Clark
Lake Clark drainage. fish. drainage.
Togiak District, including drainages Salmon and other freshwater Residents of the Togiak District,
flowing into the district. fish. freshwater drainage flowing into the
district, and the other community of
Manokotak.
Togiak District..................... Herring spawn on kelp........ Residents of the Togiak District.
Remainder of the Bristol Bay Area... All fish..................... Residents of the Bristol Bay Area.
Aleutian Islands Area................... All fish..................... Residents of the Aleutian Islands Area
and the Pribilof Islands.
Alaska Peninsula Area................... Halibut...................... Residents of the Alaska Peninsula Area
and the communities of Ivanof Bay and
Perryville.
All other fish in the Alaska Residents of the Alaska Peninsula Area.
Peninsula Area.
Chignik Area............................ Halibut, salmon and fish Residents of the Chignik Area.
other than steelhead and
rainbow trout.
Kodiak Area--except the Mainland Salmon....................... Residents of the Kodiak Island Borough,
District, all waters along the south except those residing on the Kodiak
side of the Alaska Peninsula bounded by Coast Guard Base.
the latitude of Cape Douglas (58
deg.52' North latitude) midstream
Shelikof Strait, and east of the
longitude of the southern entrance of
Imuya Bay near Kilokak Rocks (57
deg.11'22" North latitude, 156
deg.20'30" W longitude).
Kodiak Area............................. Fish other than steelhead and Residents of the Kodiak Area.
rainbow trout and salmon.
Cook Inlet Area......................... Fish other than salmon, Dolly Residents of the Cook Inlet Area.
Varden, trout, char,
grayling, and burbot.
Prince William Sound Area:
South-Western District and Green Salmon....................... Residents of the Southwestern District
Island. which is mainland waters from the
outer point on the north shore of
Granite Bay to Cape Fairfield, and
Knight Island, Chenega Island,
Bainbridge Island, Evans Island,
Elrington Island, Latouche Island and
adjacent islands.
North of a line from Porcupine Point Salmon....................... Residents of the Village of Tatitlek
to Granite Point, and south of a and Ellamar.
line from Point Lowe to Tongue
Point.
Chitinia Subdistrict of the Upper Salmon....................... Residents of Chitina, Cantwell,
Copper River District. Chistochina, Copper Center, Gakona,
Gulkana, Mentasta Lake, and Tazlina.
Glennallen Subdistrict of the Upper Salmon....................... Residents of the Prince William Sound
Copper River District. Area and residents of Healy Lake, Dot
Lake, Northway, Tanacross, Tetlin, Tok
and those individuals living along the
Alaska Highway from the Alaskan/
Canadian border to Dot Lake, along the
Tok Cutoff from Tok to Mentasta Pass,
and along the Nabesna Road.
Waters of the Copper River between Salmon....................... Residents of Mentasta Lake and Dot
National Park Service regulatory Lake.
makers located near the mouth of
Tanada Creek, and in Tanada Creek
between National Park Servcie
regulatory markers identifying the
open waters of the creek.
Prince William Sound Area--remainder Salmon....................... Residents of the Prince William Sound
Area.
Yakutat Area:
Freshwater upstream from the Salmon....................... Residents of the area east of Yakutat
terminus of of streams and rivers Bay, including the islands within
of the Yakutat Area from the Doame Yakutat Bay, west the Situk River
River to the Tsiu River. drainage, and south of and including
Knight Island.
Freshwater upstream from the Dolly Varden, steelhead Residents of the area east of Yakutat
terminus of streams and rivers of trout, and smelt. Bay, including the islands within
the Yakutat Area from the Doame Yakutat Bay, west of the Situk River
River to Point Manby. drainage, and south of and including
Knight Island.
Remainder of the Yakutat Area....... Dolly Varden, trouth, smelt Residents of Southeastern Alaska and
and eulachon. Yakutat Area.
[[Page 10147]]
Southeastern Alaska Area:
District 1--Section 1-E in waters of Salmon, Dolly Varden, trout, Resdents of the City of Saxman.
the Naha River and Roosevelt Lagoon. smelt and eulachon.
District 1--Section 1-F in Boca de Salmon, Dolly Varden, trout, Residents of the City of Saxman.
Quadra in waters of Sockeye Creek smelt and eulachon.
and Hugh Smith Lake within 500
yards of the terminus of Sockeye
Creek.
District 2--North of the latitude of Salmon, Dolly Varden, trout, Residents of the City of kasaan and in
the northern-most tip of Chasina smelt and eulachon. the drainage of the southeastern shore
Point and west of a line from the of the Kasaan Peninsula west of 132
northern-most tip of Chasina Point deg.20' W. long. and east of 132
to the eastern-most tip of Grindall deg.25' W. long.
Island to the eastern-most tip of
the Kasaan Peninsula.
District 3--Section 3-A............. Salmon, Dolly Varden, trout, Residents of the townsite of Hydaburg.
smelt and eulachon.
District 3--Section A............... Halibut and bottomfish....... Residents of Southeast Area.
District 3-Section 3-B in waters Salmon, Dolly Varden, trout, Residents of the City of Klawock and on
east of a line from Point Idefonso smelt and eulachon. Prince of Wales Island within the
to Tranquil Point. boundaries of the Klawock Heenya
Corporation land holdings they existed
in January 1989, and those residents
of the City of Craig and on Prince
Wales Island within the boundaries of
the Shan Seet Corporation land
holdings as they existed in January
1989.
District 3--Section 3-C in waters of Salmon, Dolly Varden trout, Residents of the City of Klawock and on
Sarkar lakes. smelt and eulachon. Prince of Wales Island within the
boundaries of the Klawock Heenya
Corporation land holdings as they
existed in January 1989, and those
residents of the City of Craig and on
Prince of Wales Island within the
boundaries of the Shan Seet
Corporation land holdings as they
existed in January 1989.
District 5--North of a line from Salmon, Dolly Varden, trout, Residents of the City of Kake and in
Point Barrier to Boulder Point. smelt and eulachon. Kupreanof Island drainages emptying
into Keku Strait south of Point White
and north of the Portage Bay boat
harbor.
District 9--Section 9-A............. Salmon, Dolly Varden, trout, Residents of the City of Kake and in
smelt and eulachon. Kupreanof Island drainages emptying
into Keku Strait south of Point White
and north of the Portage Bay boat
harbor.
District 9--Section 9-B north of the Salmon, Dolly Varden, trout, Residents of the City of Kake and in
latitude of Swain Point. smelt and eulachon. Kupreanof Island drainages emptying
into Keku Strait south of Point White
and north of the Portage eulachon Bay
boat harbor.
District 10--West of a line from Salmon, Dolly Varden, trout, Residents of the City of Kake and in
Pinta Point to False Point Pybus. smelt and eulachon. Kupreanof Island drainages emptying
into Keku Strait south of Point White
and north of the Portage Bay boat
harbor.
District 12--South of a line from Salmon, Dolly Varden, trout, Residents of the City of Angoon and
Fishery Point to south Passage smelt and eulachon. along the western shore of Admiralty
Point and north of the latitude of Island north of the latitude of Sand
Point Caution. Island, south of the latitude of
Thayer Creek, and west of 134 deg.30'
W. long., including Killisnoo Island.
District 13--Section 13-A south of Salmon, Dolly Varden, trout, Residents of the City and Borough of
the latitude of Cape Edward. smelt and eulachon. Sitka in drainages which empty into
Section 13-B north of the latitude of
Dorothy Narrows.
District 13--Section 13-B north of Salmon, Dolly Varden, trout, Residents of the City and Borough of
the latitude of Redfish Cape. smelt and eulachon. Sitka drainages which empty into
Section 13-B north of the latitude of
Dorothy Narrows.
District 13--Section 13-C........... Salmon, Dolly Varden, trout, Residents of the City and Borough of
smelt and eulachon. Sitka in north of the Varden,
drainages which empty into Section 13-
B north latitude of trout, of the
latitude of Dorothy Narrows.
District 13--Section 13-C east of Salmon, Dolly Varden, trout, Residents of the City of Angoon and
the longitude of Point Elizabeth. smelt and eulachon. along the western shore of Admiralty
Island north of the latitude of Sand
Island, south of the latitude of
Thayer Creek, and west of 134 deg.30'
W. long., including Killisnoo Island.
District 14--Section 14-B and 14-C.. Salmon, Dolly Varden, trout, Residents of the City of Hoonah and in
smelt and eulachon. Chichagof Island drainages on the
eastern shore of Port Frederick from
Gartina Creek to Point Sophia.
Southeastern Alaska Area--Remainder..... Dolly Varden, trout, smelt Residents of Southeastern Alaska and
and eulachon. Yakutat Areas.
----------------------------------------------------------------------------------------------------------------
[[Page 10148]]
* * * * *
Subpart D--Subsistence Taking of Fish and Wildlife
3. In Subpart D of 36 CFR part 242 and 50 CFR part 100,
Sec. ______.25(c) is revised effective March 1, 2001, through June 30,
2001, to read as follows:
Sec. ________.25 Subsistence taking of wildlife.
* * * * *
(c) Possession and transportation of wildlife. (1) Except as
specified in paragraph (c)(3)(ii), (c)(4), or (c)(5) of this section,
or as otherwise provided, you may not take a species of wildlife in any
Unit, or portion of a Unit, if your total take of that species already
obtained anywhere in the State under Federal and State regulations
equals or exceeds the harvest limit in that Unit.
(2) An animal taken under Federal or State regulations by any
member of a community with an established community harvest limit for
that species counts toward the community harvest limit for that
species. Except for wildlife taken pursuant to Sec. ______.6(f)(3), or
as otherwise provided for by this Part, an animal taken as part of a
community harvest limit counts toward every community member's harvest
limit for that species taken under Federal or State of Alaska
regulations.
(3) Harvest limits. (i) Harvest limits, including those related to
ceremonial uses, authorized by this section and harvest limits
established in State regulations may not be accumulated.
(ii) Wildlife taken by a designated hunter for another person
pursuant to Sec. ______.6(f)(2), counts toward the individual harvest
limit of the person for whom the wildlife is taken.
(4) The U.S. Fish and Wildlife Service, Office of Subsistence
Management may issue a permit to harvest wildlife for a qualifying
cultural/educational program to an organization that has been granted a
Federal subsistence permit for a similar event within the previous five
years. A qualifying program must have instructors, enrolled students,
minimum attendance requirements, and standards for successful
completion of the course. Applications must be submitted to the Office
of Subsistence Management 60 days prior to the earliest desired date of
harvest. Permits will be issued for no more than one large mammal per
culture/education camp. Large mammal species allowed to be harvested
are limited to deer, moose, caribou, black bear, and mountain goat. Any
animals harvested will count against any established Federal harvest
quota for the area in which harvested. Appeal of a rejected request can
be made to the Federal Subsistence Board. Application for an initial
permit for a qualifying cultural/educational program, for a permit when
the circumstances have changed significantly, when no permit has been
issued within the previous five years, or when there is a request for
harvest in excess of that provided above, will be considered by the
Federal Subsistence Board.
(5) The harvest limit specified for a trapping season for a species
and the harvest limit set for a hunting season for the same species are
separate and distinct. This means that if you have taken a harvest
limit for a particular species under a trapping season, you may take
additional animals under the harvest limit specified for a hunting
season or vice versa.
(6) A brown/grizzly bear taken in a Unit or portion of a Unit
having a harvest limit of one brown/grizzly bear per year counts
against a one brown/grizzly bear every four regulatory years harvest
limit in other Units; an individual may not take more than one brown/
grizzly bear in a regulatory year.
(7) A harvest limit applies to the number of animals that can be
taken during a regulatory year; however, harvest limits for grouse,
ptarmigan, and caribou (in some Units) are regulated by the number that
may be taken per day. Harvest limits of grouse and ptarmigan are also
regulated by the number that can be held in possession.
(8) Unless otherwise provided, any person who gives or receives
wildlife shall furnish, upon a request made by a Federal or State
agent, a signed statement describing the following: names and addresses
of persons who gave and received wildlife, the time and place that the
wildlife was taken, and identification of species transferred. Where a
qualified subsistence user has designated another qualified subsistence
user to take wildlife on his or her behalf in accordance with
Sec. ______.6, the permit shall be furnished in place of a signed
statement.
(9) A rural Alaska resident who has been designated to take
wildlife on behalf of another rural Alaska resident in accordance with
Sec. ______.6, shall promptly deliver the wildlife to that rural Alaska
resident.
(10) You may not possess, transport, give, receive, or barter
wildlife that was taken in violation of Federal or State statutes or a
regulation promulgated thereunder.
(11) Evidence of sex and identity. (i) If subsistence take of Dall
sheep is restricted to a ram, you may not possess or transport a
harvested sheep unless both horns accompany the animal.
(ii) If the subsistence taking of an ungulate, except sheep, is
restricted to one sex in the local area, you may not possess or
transport the carcass of an animal taken in that area unless sufficient
portions of the external sex organs remain attached to indicate
conclusively the sex of the animal, except in Units 11 and 13 where you
may possess either sufficient portions of the external sex organs
(still attached to a portion of the carcass) or the head (with or
without antlers attached; however, the antler stumps must remain
attached), to indicate the sex of the harvested moose; however, this
paragraph (c)(11)(ii) does not apply to the carcass of an ungulate that
has been butchered and placed in storage or otherwise prepared for
consumption upon arrival at the location where it is to be consumed.
(iii) If a moose harvest limit includes an antler size or
configuration restriction, you may not possess or transport the moose
carcass or its parts unless both antlers accompany the carcass or its
parts. If you possess a set of antlers with less than the required
number of brow tines on one antler, you must leave the antlers
naturally attached to the unbroken, uncut skull plate; however, this
paragraph (c)(11)(iii) does not apply to a moose carcass or its parts
that have been butchered and placed in storage or otherwise prepared
for consumption after arrival at the place where it is to be stored or
consumed.
(12) You must leave all edible meat from caribou and moose
harvested in Units 9(B), 17, and 19(B) prior to October 1 on the bones
of the front quarters and hind quarters until you remove the meat from
the field or process it for human consumption.
4. In Subpart D of 36 CFR part 242 and 50 CFR part 100,
Sec. ______.26 is added and reserved and Secs. ______.27 and ______.28
are added effective March 1, 2001, through February 28, 2002, to read
as follows:
Sec. ________.26 [Reserved]
Sec. ________.27 Subsistence taking of fish.
(a) Applicability. (1) Regulations in this section apply to the
taking of fish or their parts for subsistence uses.
(2) You may take fish for subsistence uses at any time by any
method unless you are restricted by the subsistence fishing regulations
found in this section. The harvest limit specified in this section for
a subsistence season for a species and the State harvest limit set for
a State season for the same species are not cumulative. This means that
if
[[Page 10149]]
you have taken the harvest limit for a particular species under a
subsistence season specified in this section, you may not, after that,
take any additional fish of that species under any other harvest limit
specified for a State season.
(b) Definitions. The following definitions shall apply to all
regulations contained in this section:
ADF&G means the Alaska Department of Fish and Game.
Anchor means a device used to hold a fishing vessel or net in a
fixed position relative to the beach; this includes using part of the
seine or lead, a ship's anchor, or being secured to another vessel or
net that is anchored.
Beach seine means a floating net which is designed to surround fish
and is set from and hauled to the beach.
Cast net means a circular net with a mesh size of no more than 1\1/
2\ inches and weights attached to the perimeter which, when thrown,
surrounds the fish and closes at the bottom when retrieved.
Char means the following species: Arctic char (Salvelinus alpinis);
lake trout (Salvelinus namaycush); brook trout (Salvelinus fontinalis),
and Dolly Varden (Salvelinus malma).
Depth of net means the perpendicular distance between cork line and
lead line expressed as either linear units of measure or as a number of
meshes, including all of the web of which the net is composed.
Dip net means a bag-shaped net supported on all sides by a rigid
frame; the maximum straight-line distance between any two points on the
net frame, as measured through the net opening, may not exceed 5 feet;
the depth of the bag must be at least one-half of the greatest
straight-line distance, as measured through the net opening; no portion
of the bag may be constructed of webbing that exceeds a stretched
measurement of 4.5 inches; the frame must be attached to a single rigid
handle and be operated by hand.
Drainage means all of the waters comprising a watershed, including
tributary rivers, streams, sloughs, ponds, and lakes, which contribute
to the water supply of the watershed.
Drift gillnet means a drifting gillnet that has not been
intentionally staked, anchored, or otherwise fixed in one place.
Fishwheel means a fixed, rotating device, with no more than four
baskets on a single axle, for catching fish, which is driven by river
current or other means.
Freshwater of streams and rivers means the line at which freshwater
is separated from saltwater at the mouth of streams and rivers by a
line drawn headland to headland across the mouth as the waters flow
into the sea.
Fyke net means a fixed, funneling (fyke) device used to entrap
fish.
Gear means any type of fishing apparatus.
Gillnet means a net primarily designed to catch fish by
entanglement in a mesh that consists of a single sheet of webbing which
hangs between cork line and lead line, and which is fished from the
surface of the water.
Groundfish or bottomfish means any marine fish except halibut,
osmerids, herring and salmonids.
Hand purse seine means a floating net which is designed to surround
fish and which can be closed at the bottom by pursing the lead line;
pursing may only be done by hand power, and a free-running line through
one or more rings attached to the lead line is not allowed.
Handline means a hand-held and operated line, with one or more
hooks attached.
Harvest limit means the maximum legal take per person or designated
group, per specified time period, in the area in which the person is
fishing, even if part or all of the fish are preserved. A fish, when
landed and killed by means of rod and reel becomes part of the harvest
limit of the person originally hooking it.
Herring pound means an enclosure used primarily to contain live
herring over extended periods of time.
Household means a person or persons having the same residence.
Hung measure means the maximum length of the cork line when
measured wet or dry with traction applied at one end only.
Jigging gear means a line or lines with lures or baited hooks,
drawn through the water by hand, and which are operated during periods
of ice cover from holes cut in the ice, or from shore ice and which are
drawn through the water by hand.
Lead means either a length of net employed for guiding fish into a
seine, set gillnet, or other length of net, or a length of fencing
employed for guiding fish into a fishwheel, fyke net, or dip net.
Legal limit of fishing gear means the maximum aggregate of a single
type of fishing gear permitted to be used by one individual or boat, or
combination of boats in any particular regulatory area, district, or
section.
Long line means either a stationary, buoyed, or anchored line, or a
floating, free-drifting line with lures or baited hooks attached.
Mechanical jigging machine means a mechanical device with line and
hooks used to jig for halibut and bottomfish, but does not include hand
gurdies or rods with reels.
Mile means a nautical mile when used in reference to marine waters
or a statute mile when used in reference to fresh water.
Possession limit means the maximum number of fish a person or
designated group may have in possession if the fish have not been
canned, salted, frozen, smoked, dried, or otherwise preserved so as to
be fit for human consumption after a 15-day period.
Pot means a portable structure designed and constructed to capture
and retain live fish and shellfish in the water.
Purse seine means a floating net which is designed to surround fish
and which can be closed at the bottom by means of a free-running line
through one or more rings attached to the lead line.
Rockfish means all species of the genus Sebastes.
Rod and reel means either a device upon which a line is stored on a
fixed or revolving spool and is deployed through guides mounted on a
flexible pole, or a line that is attached to a pole. In either case,
bait or an artificial fly or lure is used as terminal tackle. This
definition does not include the use of rod and reel gear for snagging.
Salmon means the following species: pink salmon (Oncorhynchus
gorbuscha); sockeye salmon (Oncorhynchus nerka); chinook salmon
(Oncorhynchus tshawytscha); coho salmon (Oncorhynchus kisutch); and
chum salmon (Oncorhynchus keta).
Salmon stream means any stream used by salmon for spawning,
rearing, or for traveling to a spawning or rearing area.
Set gillnet means a gillnet that has been intentionally set,
staked, anchored, or otherwise fixed.
Spear means a shaft with a sharp point or fork-like implement
attached to one end which is used to thrust through the water to impale
or retrieve fish and which is operated by hand.
Stretched measure means the average length of any series of 10
consecutive meshes measured from inside the first knot and including
the last knot when wet; the 10 meshes, when being measured, shall be an
integral part of the net, as hung, and measured perpendicular to the
selvages; measurements shall be made by means of a metal tape measure
while the 10 meshes being measured are suspended vertically from a
single peg or nail, under 5-pound weight.
Subsistence fishing permit means a permit issued by the Alaska
Department
[[Page 10150]]
of Fish and Game, unless specifically identified otherwise.
To operate fishing gear means any of the following: to deploy gear
in the water; to remove gear from the water; to remove fish or
shellfish from the gear during an open season or period; or to possess
a gillnet containing fish during an open fishing period, except that a
gillnet which is completely clear of the water is not considered to be
operating for the purposes of minimum distance requirement.
Trawl means a bag-shaped net towed through the water to capture
fish or shellfish, and includes beam, otter, or pelagic trawl.
Troll gear means a power gurdy troll gear consisting of a line or
lines with lures or baited hooks which are drawn through the water by a
power gurdy; hand troll gear consisting of a line or lines with lures
or baited hooks which are drawn through the water from a vessel by hand
trolling, strip fishing, or other types of trolling, and which are
retrieved by hand power or hand-powered crank and not by any type of
electrical, hydraulic, mechanical, or other assisting device or
attachment; or dinglebar troll gear consisting of one or more lines,
retrieved and set with a troll gurdy or hand troll gurdy, with a
terminally attached weight from which one or more leaders with one or
more lures or baited hooks are pulled through the water while a vessel
is making way.
Trout means the following species: cutthroat trout (Oncorhynchus
clarki) and rainbow trout or steelhead trout (Oncorhynchus mykiss).
(c) Methods, means, and general restrictions. (1) Unless otherwise
specified in this section or under terms of a required subsistence
fishing permit (as may be modified by this section), you may use the
following legal types of gear for subsistence fishing:
(i) A set gillnet;
(ii) A drift gillnet;
(iii) A purse seine;
(iv) A hand purse seine;
(v) A beach seine;
(vi) Troll gear;
(vii) A fish wheel;
(viii) A trawl;
(ix) A pot;
(x) A longline;
(xi) A fyke net;
(xii) A lead;
(xiii) A herring pound;
(xiv) A dip net;
(xv) Jigging gear;
(xvi) A mechanical jigging machine;
(xvii) A handline;
(xviii) A cast net;
(xix) A rod and reel; and
(xx) A spear.
(2) You must include an escape mechanism on all pots used to take
fish or shellfish. The escape mechanisms are as follows:
(i) A sidewall, which may include the tunnel, of all shellfish and
bottomfish pots must contain an opening equal to or exceeding 18 inches
in length, except that in shrimp pots the opening must be a minimum of
6 inches in length. The opening must be laced, sewn, or secured
together by a single length of untreated, 100 percent cotton twine, no
larger than 30 thread. The cotton twine may be knotted at each end
only. The opening must be within 6 inches of the bottom of the pot and
must be parallel with it. The cotton twine may not be tied or looped
around the web bars. Dungeness crab pots may have the pot lid tie-down
straps secured to the pot at one end by a single loop of untreated, 100
percent cotton twine no larger than 60 thread, or the pot lid must be
secured so that, when the twine degrades, the lid will no longer be
securely closed;
(ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish
and bottomfish pots may, instead of complying with paragraph (c)(2)(i)
of this section, satisfy the following: a sidewall, which may include
the tunnel, must contain an opening at least 18 inches in length,
except that shrimp pots must contain an opening at least 6 inches in
length. The opening must be laced, sewn, or secured together by a
single length of treated or untreated twine, no larger than 36 thread.
A galvanic timed release device, designed to release in no more than 30
days in salt water, must be integral to the length of twine so that,
when the device releases, the twine will no longer secure or obstruct
the opening of the pot. The twine may be knotted only at each end and
at the attachment points on the galvanic timed release device. The
opening must be within 6 inches of the bottom of the pot and must be
parallel with it. The twine may not be tied or looped around the web
bars.
(3) For subsistence fishing for salmon, you may not use a gillnet
exceeding 50 fathoms in length, unless otherwise specified in this
section. The gillnet web must contain at least 30 filaments of equal
diameter or at least 6 filaments, each of which must be at least 0.20
millimeter in diameter.
(4) Except as otherwise provided for in this section, you may not
obstruct more than one-half the width of any stream with any gear used
to take fish for subsistence uses.
(5) You may not use live non-indigenous fish as bait.
(6) You must have your first initial, last name, and address
plainly and legibly inscribed on the side of your fishwheel facing
midstream of the river.
(7) You may use kegs or buoys of any color but red on any permitted
gear.
(8) You must have your first initial, last name, and address
plainly and legibly inscribed on each keg, buoy, stakes attached to
gillnets, stakes identifying gear fished under the ice, and any other
unattended fishing gear which you use to take fish for subsistence
uses.
(9) You may not use explosives or chemicals to take fish for
subsistence uses.
(10) You may not take fish for subsistence uses within 300 feet of
any dam, fish ladder, weir, culvert or other artificial obstruction,
unless otherwise indicated.
(11) The limited exchange for cash of subsistence-harvested fish,
their parts, or their eggs, legally taken under Federal subsistence
management regulations to support personal and family needs is
permitted as customary trade, so long as it does not constitute a
significant commercial enterprise. The Board may recognize regional
differences and define customary trade differently for separate regions
of the State.
(12) Individuals, businesses, or organizations may not purchase
subsistence-taken fish, their parts, or their eggs for use in, or
resale to, a significant commercial enterprise.
(13) Individuals, businesses, or organizations may not receive
through barter subsistence-taken fish, their parts or their eggs for
use in, or resale to, a significant commercial enterprise.
(14) Except as provided elsewhere in this section, you may not take
rainbow trout or steelhead trout.
(15) You may not use as bait for commercial or sport fishing
purposes fish taken for subsistence use or under subsistence
regulations in this part.
(16) You may not accumulate harvest limits authorized in this
section or Sec. __.28 with harvest limits authorized under State
regulations.
(17) Unless specified otherwise in this section, you may use a rod
and reel to take fish without a subsistence fishing permit. Harvest
limits applicable to the use of a rod and reel to take fish for
subsistence uses shall be as follows:
(i) If you are required to obtain a subsistence fishing permit for
an area, that permit is required to take fish for subsistence uses with
rod and reel in that area. The harvest and possession limits for taking
fish with a rod and reel in those areas are the same as indicated on
the permit issued for subsistence fishing with other gear types;
(ii) Except as otherwise provided for in this section, if you are
not required to obtain a subsistence fishing permit
[[Page 10151]]
for an area, the harvest and possession limits for taking fish for
subsistence uses with a rod and reel is the same as for taking fish
under State of Alaska subsistence fishing regulations in those same
areas. If the State does not have a specific subsistence season for
that particular species, the limit shall be the same as for taking fish
under State of Alaska sport fishing regulations.
(18) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish for
subsistence uses at any time.
(19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other
purposes, whitefish, herring, and species for which bag limits,
seasons, or other regulatory methods and means are not provided in this
section, as well as the head, tail, fins, and viscera of legally-taken
subsistence fish.
(d) Fishing by designated harvest permit. (1) Any species of fish
that may be taken by subsistence fishing under this part may be taken
under a designated harvest permit.
(2) If you are a Federally-qualified subsistence user, you
(beneficiary) may designate another Federally-qualified subsistence
user to take fish on your behalf. The designated fisherman must obtain
a designated harvest permit prior to attempting to harvest fish and
must return a completed harvest report. The designated fisherman may
fish for any number of beneficiaries but may have no more than two
harvest limits in his/her possession at any one time.
(3) The designated fisherman must have in possession a valid
designated fishing permit when taking, attempting to take, or
transporting fish taken under this section, on behalf of a beneficiary.
(4) The designated fisherman may not fish with more than one legal
limit of gear.
(5) You may not designate more than one person to take or attempt
to take fish on your behalf at one time. You may not personally take or
attempt to take fish at the same time that a designated fisherman is
taking or attempting to take fish on your behalf.
(e) Fishing permits and reports. (1) You may take salmon only under
the authority of a subsistence fishing permit, unless a permit is
specifically not required in a particular area by the subsistence
regulations in this part, or unless you are retaining salmon from your
commercial catch consistent with paragraph (f) of this section.
(2) The U.S. Fish and Wildlife Service, Office of Subsistence
Management may issue a permit to harvest fish for a qualifying
cultural/educational program to an organization that has been granted a
Federal subsistence permit for a similar event within the previous 5
years. A qualifying program must have instructors, enrolled students,
minimum attendance requirements, and standards for successful
completion of the course. Applications must be submitted to the Office
of Subsistence Management 60 days prior to the earliest desired date of
harvest. Permits will be issued for no more than 25 fish per culture/
education camp. Appeal of a rejected request can be made to the Federal
Subsistence Board. Application for an initial permit for a qualifying
cultural/educational program, for a permit when the circumstances have
changed significantly, when no permit has been issued within the
previous 5 years, or when there is a request for harvest in excess of
that provided in this paragraph (e)(2), will be considered by the
Federal Subsistence Board.
(3) If a subsistence fishing permit is required by this section,
the following permit conditions apply unless otherwise specified in
this section:
(i) You may not take more fish for subsistence use than the limits
set out in the permit;
(ii) You must obtain the permit prior to fishing;
(iii) You must have the permit in your possession and readily
available for inspection while fishing or transporting subsistence-
taken fish;
(iv) If specified on the permit, you shall keep accurate daily
records of the catch, showing the number of fish taken by species,
location and date of catch, and other such information as may be
required for management or conservation purposes; and
(v) If the return of catch information necessary for management and
conservation purposes is required by a fishing permit and you fail to
comply with such reporting requirements, you are ineligible to receive
a subsistence permit for that activity during the following calendar
year, unless you demonstrate that failure to report was due to loss in
the mail, accident, sickness, or other unavoidable circumstances.
(f) Relation to commercial fishing activities. (1) If you are a
Federally-qualified subsistence user who also commercial fishes, you
may retain fish for subsistence purposes from your lawfully-taken
commercial catch.
(2) When participating in a commercial and subsistence fishery at
the same time, you may not use an amount of combined fishing gear in
excess of that allowed under the appropriate commercial fishing
regulations.
(g) You may not possess, transport, give, receive, or barter
subsistence-taken fish or their parts which have been taken contrary to
Federal law or regulation or State law or regulation (unless superseded
by regulations in this part).
(h) [Reserved]
(i) Fishery management area restrictions. (1) Kotzebue Area. The
Kotzebue Area includes all waters of Alaska between the latitude of the
westernmost tip of Point Hope and the latitude of the westernmost tip
of Cape Prince of Wales, including those waters draining into the
Chukchi Sea.
(i) You may take fish for subsistence purposes without a permit.
(ii) You may take salmon only by gillnets, beach seines, or a rod
and reel.
(iii) In the Kotzebue District, you may take sheefish with gillnets
that are not more than 50 fathoms in length, nor more than 12 meshes in
depth, nor have a mesh size larger than 7 inches.
(iv) You may not obstruct more than one-half the width of a stream
with any gear used to take fish for subsistence uses, except from May
15 to June 30 and August 15 to October 31 when taking whitefish or pike
in steams, creeks, or sloughs within the Selawik and Kobuk River
drainages. Only gillnets 60 feet or less in length with a mesh size
from 2\1/2\ to 4\1/2\ inches may be used. You must check your net at
least once in every 24-hour period.
(2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence
Area includes all waters of Alaska between the latitude of the
westernmost tip of Cape Prince of Wales and the latitude of Canal Point
light, including those waters of Alaska surrounding St. Lawrence Island
and those waters draining into the Bering Sea.
(i) In the Port Clarence District, you may take fish at any time
except as specified by emergency regulation.
(ii) In the Norton Sound District, you may take fish at any time
except as follows:
(A) In Subdistricts 2 through 6, if you are a commercial fishermen,
you may not fish for subsistence purposes during the weekly closures of
the commercial salmon fishing season, except that from July 15 through
August 1, you may take salmon for subsistence purposes 7 days per week
in the Unalakleet and Shaktoolik River drainages with gillnets which
have a mesh size that does not exceed 4\1/2\ inches, and with beach
seines;
(B) In the Unalakleet River from June 1 through July 15, you may
take salmon
[[Page 10152]]
only from 8:00 a.m. Monday until 8:00 p.m. Saturday;
(C) In Subdistricts 1--3, you may take salmon other than chum
salmon by beach seine during periods established by emergency
regulations.
(iii) You may take salmon only by gillnets, beach seines,
fishwheel, or a rod and reel.
(iv) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging
gear, spear, lead, or a rod and reel.
(v) In the Unalakleet River from June 1 through July 15, you may
not operate more than 25 fathoms of gillnet in the aggregate nor may
you operate an unanchored fishing net.
(vi) You may take fish for subsistence purposes without a
subsistence fishing permit except that a subsistence fishing permit is
required in the Norton Sound District for net fishing in all waters
from Cape Douglas to Rocky Point.
(vii) Only one subsistence fishing permit will be issued to each
household per year.
(3) Yukon-Northern Area. The Yukon-Northern Area includes all
waters of Alaska between the latitude of Canal Point Light 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. W. long., 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.
(ii) In the following locations, you may take salmon only during
the open weekly fishing periods of the commercial salmon fishing season
and may not take them for 24 hours before the opening of the commercial
salmon fishing season:
(A) In District 4, excluding the Koyukuk River drainage;
(B) In Subdistricts 4-B and 4-C from June 15 through September 30,
salmon may be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and
from 6:00 p.m. Wednesday until 6:00 p.m. Friday;
(C) In District 6, excluding the Kantishna River drainage, salmon
may be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.
(iii) During any commercial salmon fishing season closure of
greater than five days in duration, you may not take salmon during the
following periods in the following districts:
(A) In District 4, excluding the Koyukuk River drainage, salmon may
not be taken from 6:00 p.m. Friday until 6:00 p.m. Sunday;
(B) In District 5, excluding the Tozitna River drainage and
Subdistrict 5-D, salmon may not be taken from 6:00 p.m. Sunday until
6:00 p.m. Tuesday.
(iv) 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.
(v) In Districts 1, 2, 3, and Subdistrict 4-A, 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 commercial salmon fishing season.
(vi) In Districts 1, 2, and 3:
(A) After the opening of the 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 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
commercial salmon fishing period.
(vii) In Subdistrict 4-A after the opening of the commercial salmon
fishing season, you may not take salmon for subsistence for 12 hours
immediately before, during, and for 12 hours after each commercial
salmon fishing period; however, you may take king salmon during the
commercial fishing season, with drift gillnet gear only, from 6:00 p.m.
Sunday until 6:00 p.m. Tuesday and from 6:00 p.m. Wednesday until 6:00
p.m. Friday.
(viii) In the upper Yukon River drainage, you may not subsistence
fish, except for whitefish and suckers, in Birch Creek and waters
within 500 feet of its mouth.
(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; and
(D) North Fork of the Chandalar River system upstream from the
mouth of Quartz Creek.
(x) You may not subsistence fish in the Delta River.
(xi) You may not subsistence fish in the following rivers and
creeks and within 500 feet of their mouths: Big Salt River, Hess Creek,
and Beaver Creek.
(xii) You may not subsistence fish in the Deadman, Jan, Fielding,
and Two-Mile Lakes.
(xiii) You may not subsistence fish in the Toklat River drainage
from August 15 through May 15.
(xiv) You may take salmon only by gillnet, beach seine, fish wheel,
or rod and reel, subject to the restrictions set forth in this section.
(xv) In District 4, if you are a commercial fisherman, you may not
take salmon for subsistence purposes during the commercial salmon
fishing season using gillnets with mesh larger than six-inches after a
date specified by ADF&G emergency order issued between July 10 and July
31.
(xvi) In Districts 4, 5, and 6, you may not take salmon for
subsistence purposes by drift gillnets, except as follows:
(A) In Subdistrict 4-A upstream from the mouth of Stink Creek, you
may take king salmon by drift gillnets less than 150 feet in length
from June 10 through July 14, and chum salmon by drift gillnets after
August 2;
(B) In Subdistrict 4-A downstream from the mouth of Stink Creek,
you may take king salmon by drift gillnets less than 150 feet in length
from June 10 through July 14.
(xvii) Unless otherwise specified in this section, you may take
fish other than salmon and halibut by set gillnet, drift gillnet, beach
seine, fish wheel, long line, fyke net, dip net, jigging gear, spear,
lead, or rod and reel, subject to the following restrictions, which
also apply to subsistence salmon fishing:
(A) During the open weekly fishing periods of the commercial salmon
fishing season, if you are a commercial fisherman, you may not operate
more than one type of gear at a time, for commercial, personal use, and
subsistence purposes;
(B) You may not use an aggregate length of set gillnet in excess of
150 fathoms and each drift gillnet may not exceed 50 fathoms in length;
(C) In Districts 4, 5, and 6, you may not set subsistence fishing
gear within 200 feet of other operating commercial, personal use, or
subsistence fishing gear except that, at the site approximately 1 mile
upstream from Ruby on the south bank of the Yukon River between ADF&G
regulatory markers containing the area known locally as the ``Slide,''
you may set subsistence fishing gear within 200 feet of other operating
commercial or subsistence fishing gear and in District 4, from Old
Paradise Village upstream to a point 4 miles upstream from Anvik, there
is no minimum distance requirement between fish wheels;
(D) During the commercial salmon fishing season, within the Yukon
River and the Tanana River below the
[[Page 10153]]
confluence of the Wood River, you may use drift gillnets and fish
wheels only during open subsistence salmon fishing periods.
(xviii) In District 4, from September 21 through May 15, you may
use jigging gear from shore ice.
(xix) You must possess a subsistence fishing permit for the
following locations:
(A) For the Yukon River drainage from the mouth of Hess Creek to
the mouth of the Dall River;
(B) For the Yukon River drainage from the upstream mouth of 22 Mile
Slough to the U.S.-Canada border;
(C) For whitefish and suckers in Birch Creek upstream from the
Steese Highway bridge at Mile 140;
(D) Only for salmon in the Tanana River drainage above the mouth of
the Wood River.
(xx) Only one subsistence fishing permit will be issued to each
household per year.
(xxi) In Districts 1, 2, and 3, you may not possess king salmon
taken for subsistence purposes unless the dorsal fin has been removed
immediately after landing.
(xxii) In the Yukon River drainage, chinook (king) salmon are to be
used primarily for human consumption and not specifically targeted for
dog food, except that whole fish unfit for human consumption (due to
disease, deterioration, deformities), scraps, and small fish (jack
kings 16 inches or less) may be fed to dogs.
(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) In District 1 and in those waters of the Kuskokwim River
between Districts 1 and 2, excluding the Kuskokuak Slough, you may not
take salmon for 16 hours before, during, and for 6 hours after, each
open commercial salmon fishing period for District 1.
(iii) In District 1, Kuskokuak Slough only from June 1 through July
31, you may not take salmon for 16 hours before and during each open
commercial salmon fishing period in the district.
(iv) In Districts 4 and 5, from June 1 through September 8, you may
not take salmon for 16 hours before, during, and 6 hours after each
open commercial salmon fishing period in each district.
(v) In District 2, and anywhere in tributaries that flow into the
Kuskokwim River within that district, from June 1 through September 8
you may not take salmon for 16 hours before, during, and 6 hours after
each open commercial salmon fishing period in the district.
(vi) You may not take subsistence fish by nets in the Goodnews
River east of a line between ADF&G regulatory markers placed near the
mouth of the Ufigag River and an ADF&G regulatory marker placed near
the mouth of the Tunulik River 16 hours before, during, and 6 hours
after each open commercial salmon fishing period.
(vii) You may not take subsistence fish by nets in the Kanektok
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before, during, and 6 hours after each open commercial salmon
fishing period.
(viii) You may not take subsistence fish by nets in the Arolik
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before, during, and 6 hours after each open commercial salmon
fishing period.
(ix) You may take salmon only by gillnet, beach seine, fish wheel,
or rod and reel subject to the restrictions set out in this section,
except that you may also take salmon by spear in the Holitna, Kanektok,
and Arolik River drainages, and in the drainage of Goodnews Bay.
(x) You may not use an aggregate length of set gillnets or drift
gillnets in excess of 50 fathoms for taking salmon.
(xi) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net,
jigging gear, spear, lead, or rod and reel.
(xii) You must attach to the bank each subsistence gillnet operated
in tributaries of the Kuskokwim River and fish it substantially
perpendicular to the bank and in a substantially straight line.
(xiii) Within a tributary to the Kuskokwim River in that portion of
the Kuskokwim River drainage from the north end of Eek Island upstream
to the mouth of the Kolmakoff River, you may not set or operate any
part of a set gillnet within 150 feet of any part of another set
gillnet.
(xiv) The maximum depth of gillnets is as follows:
(A) Gillnets with 6-inch or smaller mesh may not be more than 45
meshes in depth;
(B) Gillnets with greater than 6-inch mesh may not be more than 35
meshes in depth.
(xv) You may take halibut only by a single hand-held line with no
more than two hooks attached to it.
(xvi) You may not use subsistence set and drift gillnets exceeding
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You
may not operate more than one subsistence set or drift gillnet at a
time in Whitefish Lake in the Ophir Creek drainage. You must check the
net at least once every 24 hours.
(xvii) Rainbow trout may be taken by only residents of Goodnews
Bay, Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak. The
following restrictions apply:
(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--June 15;
(C) If you take rainbow trout incidentally in other subsistence net
fisheries and through the ice, you may retain them for subsistence
purposes;
(D) There are no harvest limits with handline, spear, rod and reel,
or jigging.
(5) Bristol Bay Area. The Bristol Bay Area includes all waters of
Bristol Bay including drainages enclosed by a line from Cape Newenham
to Cape Menshikof.
(i) Unless restricted in this section, or unless under the terms of
a subsistence fishing permit, you may take fish at any time in the
Bristol Bay area.
(ii) In all commercial salmon districts, from May 1 through May 31
and October 1 through October 31, you may subsistence fish for salmon
only from 9:00 a.m. Monday until 9:00 a.m. Friday. From June 1 through
September 30, within the waters of a commercial salmon district, you
may take salmon only during open commercial salmon fishing periods.
(iii) In the Egegik River from 9:00 a.m. June 23 through 9:00 a.m.
July 17, you may take salmon only from 9:00 a.m. Tuesday to 9:00 a.m.
Wednesday and 9:00 a.m. Saturday to 9:00 a.m. Sunday.
(iv) You may not take fish from waters within 300 feet of a stream
mouth used by salmon.
(v) You may not subsistence fish with nets in the Tazimina River
and within one-fourth mile of the terminus of those waters during the
period from September 1 through June 14.
(vi) Within any district, you may take salmon, herring, and capelin
only by drift and set gillnets.
(vii) Outside the boundaries of any district, you may take salmon
only by set gillnet, except that you may also take salmon as follows:
(A) By spear in the Togiak River excluding its tributaries;
(B) From August 30 through September 30, by spear, dip net, and
[[Page 10154]]
gillnet along a 100 yard length of the west shore of Naknek Lake near
the outlet to the Naknek River as marked by ADF&G regulatory markers;
(C) From August 15 through September 15, by spear, dip net, and
gillnet at Johnny's Lake on the northwestern side of Naknek Lake;
(D) From October 1 through November 15, by spear, dip net, and
gillnet at the mouth of Brooks River at Naknek Lake;
(E) At locations and times specified in paragraphs (i)(5)(vii) (B)
through (D) of this section, gillnets may not exceed 5 fathoms in
length and may not be anchored or tied to a stake or peg, and you must
be present at the net while fishing the net.
(viii) The maximum lengths for set gillnets used to take salmon are
as follows:
(A) You may not use set gillnets exceeding 10 fathoms in length in
the Egegik, River;
(B) In the remaining waters of the area, you may not use set
gillnets exceeding 25 fathoms in length.
(ix) You may not operate any part of a set gillnet within 300 feet
of any part of another set gillnet.
(x) You must stake and buoy each set gillnet. Instead of having the
identifying information on a keg or buoy attached to the gillnet, you
may plainly and legibly inscribe your first initial, last name, and
subsistence permit number on a sign at or near the set gillnet.
(xi) You may not operate or assist in operating subsistence salmon
net gear while simultaneously operating or assisting in operating
commercial salmon net gear.
(xii) During closed commercial herring fishing periods, you may not
use gillnets exceeding 25 fathoms in length for the subsistence taking
of herring or capelin.
(xiii) You may take fish other than salmon, herring, capelin, and
halibut by gear listed in this part unless restricted under the terms
of a subsistence fishing permit.
(xiv) You may take salmon and char only under authority of a
subsistence fishing permit.
(xv) Only one subsistence fishing permit may be issued to each
household per year.
(xvi) In the Togiak River section and the Togiak River drainage,
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.
(6) Aleutian Islands Area. The Aleutian Islands Area includes all
waters of Alaska west of the longitude of the tip of Cape Sarichef,
east of 172 deg. East longitude, and south of 54 deg. 36' North
latitude.
(i) You may take fish, other than salmon, rainbow trout, and
steelhead trout, at any time unless restricted under the terms of a
subsistence fishing permit. If you take rainbow trout and steelhead
trout incidentally in other subsistence net fisheries, you may retain
them for subsistence purposes.
(ii) In the Unalaska District, you may take salmon for subsistence
purposes from 6:00 a.m. until 9:00 p.m. from January 1 through December
31, except:
(A) That from June 1 through September 15, you may not use a salmon
seine vessel to take salmon for subsistence 24 hours before, during, or
24 hours after an open commercial salmon fishing period within a 50-
mile radius of the area open to commercial salmon fishing;
(B) That from June 1 through September 15, you may use a purse
seine vessel to take salmon only with a gillnet and you may not have
any other type of salmon gear on board the vessel while subsistence
fishing; or
(C) As may be specified on a subsistence fishing permit.
(iii) In the Adak, Akutan, Atka-Amlia, and Umnak Districts, you may
take salmon at any time.
(iv) You may not subsistence fish for salmon in the following
waters:
(A) The waters of Unalaska Lake, its tributaries and outlet stream;
(B) The waters between Unalaska and Amaknak Islands, including
Margaret's Bay, west of a line from the ``Bishop's House'' at 53 deg.
52.64' N. lat., 166 deg. 32.30' W. long. to a point on Amaknak Island
at 53 deg. 52.82' N. lat., 166 deg. 32.13' W. long., and north of line
from a point south of Agnes Beach at 53 deg. 52.28' N. lat., 166 deg.
32.68' W. long. to a point at 53 deg. 52.35' N. lat., 166 deg. 32.95'
W. long. on Amaknak Island;
(C) Within Unalaska Bay south of a line from the northern tip of
Cape Cheerful to the northern tip of Kalekta Point, waters within 250
yards of any anadromous stream, except the outlet stream of Unalaska
Lake, which is closed under paragraph (i)(6)(iv)(A) of this section;
(D) The waters of Summers and Morris Lakes and their tributaries
and outlet streams;
(E) All streams supporting anadromous fish runs that flow into
Unalaska Bay south of a line from the northern tip of Cape Cheerful to
the northern tip of Kalekta Point;
(F) Waters of McLees Lake and its tributaries and outlet stream;
(G) Waters in Reese Bay from July 1 through July 9, within 500
yards of the outlet stream terminus to McLees Lake;
(H) All freshwater on Adak Island and Kagalaska Island in the Adak
District.
(v) You may take salmon by seine and gillnet, or with gear
specified on a subsistence fishing permit.
(vi) In the Unalaska District, if you fish with a net, you must be
physically present at the net at all times when the net is being used.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take salmon, trout, and char only under the terms of
a subsistence fishing permit, except that you do not need a permit in
the Akutan, Umnak, and Atka-Amlia Islands Districts.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit, except
that in the Unalaska and Adak Districts, you may take no more than 25
salmon plus an additional 25 salmon for each member of your household
listed on the permit. You may obtain an additional permit.
(x) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(xi) The daily bag limit for halibut is two fish, and the
possession limit is two daily bag limits. You may not possess sport-
taken and subsistence-taken halibut on the same day.
(7) Alaska Peninsula Area. The Alaska Peninsula Area includes all
Pacific Ocean waters of Alaska between a line extending southeast
(135 deg.) from the tip of Kupreanof Point and the longitude of the tip
of Cape Sarichef, and all Bering Sea waters of Alaska east of the
longitude of the tip of Cape Sarichef and south of the latitude of the
tip of Cape Menshikof.
(i) You may take fish, other than salmon, rainbow trout, and
steelhead trout, at any time unless restricted under the terms of a
subsistence fishing permit. If you take rainbow trout and steelhead
trout incidentally in other subsistence net fisheries or through the
ice, you may retain them for subsistence purposes.
(ii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit.
(iii) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(iv) You may take salmon at any time except within 24 hours before
and
[[Page 10155]]
within 12 hours following each open weekly commercial salmon fishing
period within a 50-mile radius of the area open to commercial salmon
fishing, or as may be specified on a subsistence fishing permit.
(v) You may not subsistence fish for salmon in the following
waters:
(A) Russell Creek and Nurse Lagoon and within 500 yards outside the
mouth of Nurse Lagoon;
(B) Trout Creek and within 500 yards outside its mouth.
(vi) You may take salmon by seine, gillnet, rod and reel, or with
gear specified on a subsistence fishing permit.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may not use a set gillnet exceeding 100 fathoms in
length.
(ix) You may take halibut for subsistence purposes only by a single
handheld line with no more than two hooks attached.
(x) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on your subsistence fishing permit.
(xi) The daily bag limit for halibut is two fish and the possession
limit is two daily bag limits. You may not possess sport-taken and
subsistence-taken halibut on the same day.
(8) Chignik Area. The Chignik Area includes all waters of Alaska on
the south side of the Alaska Peninsula enclosed by 156 deg. 20.22' West
longitude (the longitude of the southern entrance to Imuya Bay near
Kilokak Rocks) and a line extending southeast (135 deg.) from the tip
of Kupreanof Point.
(i) You may take fish, other than rainbow trout and steelhead
trout, at any time, except as may be specified by a subsistence fishing
permit. If you take rainbow trout and steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(ii) You may not take salmon in the Chignik River, upstream from
the ADF&G weir site or counting tower, in Black Lake, or any tributary
to Black and Chignik Lakes.
(iii) You may take salmon, trout and, char only under the authority
of a subsistence fishing permit.
(iv) You must keep a record on your permit of subsistence-caught
fish. You must complete the record immediately upon taking subsistence-
caught fish and must return it no later than October 31.
(v) If you hold a commercial fishing license, you may not
subsistence fish for salmon from 48 hours before the first commercial
salmon fishing opening in the Chignik Area through September 30.
(vi) You may take salmon by seines, gillnets, rod and reel, or with
gear specified on a subsistence fishing permit, except that in Chignik
Lake you may not use purse seines.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take halibut for subsistence purposes only by a
single handheld line with no more than two hooks attached.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit.
(x) The daily bag limit for halibut is two fish, and the possession
limit is two daily bag limits. You may not possess sport-taken and
subsistence-taken halibut on the same day.
(9) Kodiak Area. The Kodiak Area includes all waters of Alaska
south of a line extending east from Cape Douglas (58 deg. 51.10' N.
lat.), west of 150 deg. W. long., north of 55 deg. 30.00' N. lat.; and
east of the longitude of the southern entrance of Imuya Bay near
Kilokak Rocks (156 deg. 20.22' W. long.).
(i) You may take fish, other than salmon, rainbow trout, and
steelhead trout, at any time unless restricted by the terms of a
subsistence fishing permit. If you take rainbow trout and steelhead
trout incidentally in other subsistence net fisheries, you may retain
them for subsistence purposes.
(ii) You may take salmon for subsistence purposes 24 hours a day
from January 1 through December 31, with the following exceptions:
(A) From June 1 through September 15, you may not use salmon seine
vessels to take subsistence salmon for 24 hours before, during, and for
24 hours after any open commercial salmon fishing period. The use of
skiffs from any type of vessel is allowed;
(B) From June 1 through September 15, you may use purse seine
vessels to take salmon only with gillnets, and you may have no other
type of salmon gear on board the vessel.
(iii) You may not subsistence fish for salmon in the following
locations:
(A) Womens Bay closed waters--all waters inside a line from the tip
of the Nyman Peninsula (57 deg.43.23' N. lat., 152 deg.31.51' W long.),
to the northeastern tip of Mary's Island (57 deg.42.40' N. lat.,
152 deg.32.00' W. long.), to the southeastern shore of Womens Bay at
57 deg.41.95' N. lat., 152 deg.31.50' W. long.;
(B) Buskin River closed waters--all waters inside of a line running
from a marker on the bluff north of the mouth of the Buskin River at
approximately 57 deg.45.80' N. lat, 152 deg.28.38' W. long., to a point
offshore at 57 deg.45.35' N. lat, 152 deg.28.15' W. long., to a marker
located onshore south of the river mouth at approximately 57 deg.45.15'
N. lat., 152 deg.28.65' W. long.;
(C) All waters closed to commercial salmon fishing within 100 yards
of the terminus of Selief Bay Creek;
(D) In Afognak Bay north and west of a line from the tip of Last
Point to the tip of River Mouth Point;
(E) From August 15 through September 30, all waters 500 yards
seaward of the terminus of Little Kitoi Creek;
(F) All freshwater systems of Afognak Island.
(iv) You must have a subsistence fishing permit for taking salmon,
trout, and char for subsistence purposes. You must have a subsistence
fishing permit for taking herring and bottomfish for subsistence
purposes during the commercial herring sac roe season from April 15
through June 30.
(v) With a subsistence salmon fishing permit you may take 25 salmon
plus an additional 25 salmon for each member of your household whose
names are listed on the permit. You may obtain an additional permit if
you can show that more fish are needed.
(vi) You must record on your subsistence permit the number of
subsistence fish taken. You must complete the record immediately upon
landing subsistence-caught fish, and must return it by February 1 of
the year following the year the permit was issued.
(vii) You may take fish other than salmon and halibut by gear
listed in this part unless restricted under the terms of a subsistence
fishing permit.
(viii) You may take salmon only by gillnet, rod and reel, or seine.
(ix) You must be physically present at the net when the net is
being fished.
(x) You may take halibut only by a single hand-held line with not
more than two hooks attached to it.
(xi) The daily bag limit for halibut is two fish, and the
possession limit is two daily bag limits. You may not possess sport-
taken and subsistence-taken halibut on the same day.
(10) Cook Inlet Area. The Cook Inlet Area includes all waters of
Alaska enclosed by a line extending east from Cape Douglas (58 deg. 51'
06" N. lat.) and a line extending south from Cape Fairfield (148 deg.
50' 15" W. long.).
(i) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish, other
than rainbow trout and steelhead trout, at any time in the Cook
[[Page 10156]]
Inlet Area. If you take rainbow trout and steelhead trout incidentally
in other subsistence net fisheries or through the ice, you may retain
them for subsistence purposes.
(ii) You may not take salmon, Dolly Varden, trout, grayling, char,
and burbot for subsistence purposes.
(iii) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit (as may be modified by this section).
(iv) You may only take smelt with dip nets or gillnets in fresh
water from April 1 through June 15. You may not use a gillnet exceeding
20 feet in length and 2 inches in mesh size. You must attend the net at
all times when it is being used. There are no harvest or possession
limits for smelt.
(v) Gillnets may not be used in freshwater, except for the taking
of whitefish in the Tyone River drainage or for the taking of smelt.
(11) Prince William Sound Area. The Prince William Sound Area
includes all waters of Alaska between the longitude of Cape Fairfield
and the longitude of Cape Suckling.
(i) Unless restricted in this section or unless restricted under
the terms of a subsistence fishing permit, you may take fish, other
than rainbow trout and steelhead trout, at any time in the Prince
William Sound Area.
(ii) You may take salmon in the Upper Copper River District only as
follows:
(A) In the Glennallen Subdistrict, from May 15 through September
30;
(B) You may not take salmon in the Chitina Subdistrict.
(iii) 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, and rod and reel in Tanada
Creek;
(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 fishwheel in the
Copper River. You may not take chinook salmon in Tanada Creek;
(E) You must return the permit to the National Park Service no
later than October 15.
(iv) You may take salmon for subsistence purposes with no bag or
possession limits in those waters of the Southwestern District and
along the northwestern shore of Green Island from the westernmost tip
of the island to the northernmost tip, only as follows:
(A) You may use seines up to 50 fathoms in length and 100 meshes
deep with a maximum mesh size of 4 inches, or gillnets up to 150
fathoms in length, except that you may take pink salmon only in fresh
water using dip nets;
(B) You may take salmon only from May 15 until 2 days before the
commercial opening of the Southwestern District, 7 days per week;
during the commercial salmon fishing season, only during open
commercial salmon fishing periods; and from 2 days following the
closure of the commercial salmon season until September 30, 7 days per
week;
(C) You may not fish within the closed waters areas for commercial
salmon fisheries.
(v) You may take salmon for subsistence purposes with no bag or
possession limits in those waters north of a line from Porcupine Point
to Granite Point, and south of a line from Point Lowe to Tongue Point,
only as follows:
(A) You may use seines up to 50 fathoms in length and 100 meshes
deep with a maximum mesh size of 4 inches, or gillnets up to 150
fathoms in length with a maximum mesh size of 6\1/4\ inches, except
that you may only take pink salmon in fresh water using dip nets;
(B) You may take salmon only from May 15 until 2 days before the
commercial opening of the Eastern District, 7 days per week during the
commercial salmon fishing season, only during open commercial salmon
fishing periods; and from 2 days following the closure of the
commercial salmon season until October 31, 7 days per week;
(C) You may not fish within the closed water areas for commercial
salmon fisheries.
(vi) If you take rainbow trout and steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(vii) You may only take salmon in the waters of the Upper Copper
River District, or in the vicinity of the Native Village of
Batzulnetas.
(viii) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit.
(ix) In the Glennallen Subdistrict, you may take salmon only by
fish wheels, rod and reel, or dip nets.
(x) You may not rent, lease, or otherwise use your fish wheel used
for subsistence fishing for personal gain. You must register your fish
wheel with ADF&G. Your registration number and name and address must be
permanently affixed and plainly visible on the fish wheel when the fish
wheel is in the water; 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. You must remove the fish wheel from the
water at the end of the permit period. You may operate only one fish
wheel at any one time. You may not set or operate a fish wheel within
75 feet of another fish wheel. No fish wheel may have more than two
baskets. A wood or metal plate at least 12 inches high by 12 inches
wide, bearing your name and address in letters and numerals at least 1
inch high, must be attached to each fish wheel so that the name and
address are plainly visible.
(xi) You must personally operate the fish wheel or dip net. You may
not loan or transfer a subsistence fish wheel or dip net permit except
as permitted.
(xii) Except as provided in this section, you may take fish other
than salmon and freshwater fish species for subsistence purposes
without a subsistence fishing permit.
(xiii) You may take salmon and freshwater fish species only under
authority of a subsistence fishing permit.
(xiv) Only one subsistence fishing permit will be issued to each
household per year.
(xv) The following apply to Upper Copper River District subsistence
salmon fishing permits:
(A) Only one type of gear may be specified on a permit;
(B) You must return your permit no later than October 31, or you
may be denied a permit for the following year;
(C) 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
this section and during fishing operations;
(D) Only the permit holder and the authorized member of the
household listed on the subsistence permit may take salmon;
(E) A permit holder must record on ADF&G forms all salmon taken
immediately after landing the salmon.
(xvi) The total annual possession limit for an Upper Copper River
District
[[Page 10157]]
subsistence salmon fishing permit is as follows:
(A) For a household with 1 person, 30 salmon, of which no more than
5 may be chinook salmon if taken by dip net;
(B) For a household with 2 persons, 60 salmon, of which no more
than 5 may be chinook salmon if taken by dip net; 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 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 if taken
by dip net; 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 if taken by dip net.
(xvii) 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. A permit may only be issued following approval by ADF&G
of a harvest assessment plan to be administered by the permitted
council or organization. The harvest assessment plan must include:
provisions for recording daily catches for each fish wheel; sample data
collection forms; location and number of fish wheels; the full legal
name of the individual responsible for the lawful operation of each
fish wheel; and other information determined to be necessary for
effective resource management. The following additional provisions
apply to subsistence fishing permits issued under this paragraph
(i)(11)(xvii):
(A) The permit will list all households and household members for
whom the fish wheel is being operated;
(B) The allowable harvest may not exceed the combined seasonal
limits for the households listed on the permit; the permittee will
notify the department 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.
(xviii) You may not possess salmon taken under the authority of an
Upper Copper River District subsistence fishing permit unless both
lobes of the caudal (tail) fin have been immediately removed from the
salmon.
(xix) In locations open to commercial salmon fishing other than
described for the Upper Copper River District, the annual subsistence
salmon limit is as follows:
(A) 15 salmon for a household of 1 person;
(B) 30 salmon for a household of 2 persons and 10 salmon for each
additional person in a household;
(C) No more than five king salmon may be taken per permit.
(12) Yakutat Area. The Yakutat Area includes all waters of Alaska
between the longitude of Cape Suckling and the longitude of Cape
Fairweather.
(i) Unless restricted in this section or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any
time in the Yakutat Area.
(ii) You may not take salmon during the period commencing 48 hours
before an opening of commercial salmon net fishing season until 48
hours after the closure. This applies to each river or bay fishery
individually.
(iii) When the length of the weekly commercial salmon net fishing
period exceeds two days in any Yakutat Area salmon net fishery, the
subsistence fishing period is from 6:00 a.m. to 6:00 p.m. on Saturday
in that location.
(iv) You may take salmon, trout (other than steelhead,) and char
only under authority of a subsistence fishing permit. You may only take
steelhead trout in the Situk and Ahrnklin Rivers and only under
authority of a subsistence fishing permit.
(v) If you take salmon, trout, or char incidentally by gear
operated under the terms of a subsistence permit for salmon, you may
retain them for subsistence purposes. You must report any salmon,
trout, or char taken in this manner on your permit calendar.
(vi) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit.
(vii) In the Situk River, each subsistence salmon fishing permit
holder shall attend his or her gill net at all times when it is being
used to take salmon.
(viii) You may block up to two-thirds of a stream with a gillnet or
seine used for subsistence fishing.
(ix) You must remove the dorsal fin from subsistence-caught salmon
when taken.
(x) You may not possess subsistence-taken and sport-taken salmon on
the same day.
(xi) With a subsistence fishing permit, you may harvest at any time
up to 10 Dolly Varden with no minimum size.
(13) Southeastern Alaska Area. The Southeastern Alaska Area
includes all waters between a line projecting southwest from the
westernmost tip of Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or under the terms of a
subsistence fishing permit, you may take fish, other than rainbow trout
and steelhead trout, in the Southeastern Alaska Area at any time.
(ii) From July 7 through July 31, you may take sockeye salmon in
the waters of the Klawock River and Klawock Lake only from 8:00 a.m.
Monday until 5:00 p.m. Friday.
(iii) You must possess a subsistence fishing permit to take salmon,
trout, or char.
(iv ) You may take steelhead trout on Prince of Wales Island only
under the terms of a Federal subsistence fishing permit. The annual
harvest limit is two fish, 36 inches or larger. You may use only a dip
net or rod and reel with artificial lure or fly. You may not use bait.
(v) You may take coho salmon in Subdistricts 3(A), (B), and (C)
only under the terms of a Federal subsistence fishing permit. There is
no closed season. The daily harvest limit is 20 fish per household.
Only spears, dip net, and rod and reel may be used. Bait may be used
only from September 15 through November 15.
(vi) If you take salmon, trout, or char incidentally with gear
operated under terms of a subsistence permit for other salmon, they may
be kept for subsistence purposes. You must report any salmon, trout, or
char taken in this manner on your permit calendar.
(vii) No permits for the use of nets will be issued for the salmon
streams flowing across or adjacent to the road systems within the city
limits of Petersburg, Wrangell, and Sitka.
(viii) You shall immediately remove the pelvic fins of all salmon
when taken.
(ix) You may not possess subsistence-taken and sport-taken salmon
on the same day.
(x) For the Salmon Bay Lake system, the daily harvest and season
limit per household is 30 sockeye salmon.
(xi) For Virginia Lake (Mill Creek), the daily harvest limit per
household is 20 sockeye salmon, and the season limit per household is
40 sockeye salmon.
(xii) For Thoms Creek, the daily harvest limit per household is 20
sockeye salmon, and the season limit per household is 40 sockeye
salmon.
(xiii) The Sarkar River system above the bridge is closed to the
use of all nets by both Federally-qualified and non-Federally qualified
users.
(xiv) Only Federally-qualified subsistence users may harvest
sockeye
[[Page 10158]]
salmon in streams draining into Falls Lake, Gut Bay, or Pillar Bay. In
the Falls Lake and Gut Bay drainages, the possession limit is10 sockeye
salmon per household. In the Pillar Bay drainage, the individual
possession limit is15 sockeye salmon with a household possession limit
of 25 sockeye salmon.
(xv) In Baranof Lake, Florence Lake, Hasselborg Lake and River,
Mirror Lake, Virginia Lake, and Wilson Lake, in addition to the
requirement for a subsistence fishing permit, the following
restrictions for the harvest of Dolly Varden, cutthroat, and rainbow
trout apply:
(A) You may harvest at any time up to 10 Dolly Varden of any size;
(B) You may harvest at any time six cutthroat or rainbow trout in
combination. You may only retain fish between 11'' and 22''. You may
only use a rod and reel without bait.
(xvi) In all waters, other than those identified in paragraph
(i)(13)(xv) of this section, in addition to the requirement for a
subsistence fishing permit, you may harvest at any time: Dolly Varden
of any size with a daily possession limit of 10 fish; cutthroat and
rainbow trout with a slot size limit of 11'' to 22'' with a daily
possession limit of 2 fish in combination. You may only use a rod and
reel without bait.
Sec. ________.28 Subsistence taking of shellfish.
(a) Regulations in this section apply to subsistence taking of
Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and
other shellfish or their parts.
(b) Definitions. The following definitions shall apply to all
regulations contained in this section:
Abalone iron means a flat device which is used for taking abalone
and which is more than 1 inch (24 mm) in width and less than 24 inches
(610 mm) in length, with all prying edges rounded and smooth.
ADF&G means the Alaska Department of Fish and Game.
Crab means the following species: red king crab (Paralithodes
camshatica); blue king crab (Paralithodes platypus); brown king crab
(Lithodes aequispina); Lithodes couesi; all species of tanner or snow
crab (Chionoecetes spp.); and Dungeness crab (Cancer magister).
Diving gear means any type of hard hat or skin diving equipment,
including SCUBA equipment; a tethered, umbilical, surface-supplied
unit; or snorkel.
Gear means any type of fishing apparatus.
Grappling hook means a hooked device with flukes or claws, which is
attached to a line and operated by hand.
Handline means a hand-held and operated line, with one or more
hooks attached.
Harvest limit means the maximum legal take per person or designated
group, per specified time period, in the area in which the person is
fishing, even if part or all of the shellfish are preserved.
Household means a person or persons having the same residence.
Hydraulic clam digger means a device using water or a combination
of air and water used to harvest clams.
Mechanical clam digger means a mechanical device used or capable of
being used for the taking of clams.
Mile means a nautical mile when used in reference to marine waters
or a statute mile when used in reference to fresh water.
Possession limit means the maximum number of shellfish a person or
designated group may have in possession if the shellfish have not been
canned, salted, frozen, smoked, dried, or otherwise preserved so as to
be fit for human consumption after a 15-day period.
Pot means a portable structure designed and constructed to capture
and retain live fish and shellfish in the water.
Ring net means a bag-shaped net suspended between no more than two
frames; the bottom frame may not be larger in perimeter than the top
frame; the gear must be nonrigid and collapsible so that free movement
of fish or shellfish across the top of the net is not prohibited when
the net is employed.
Scallop dredge means a dredge-like device designed specifically for
and capable of taking scallops by being towed along the ocean floor.
Sea urchin rake means a hand-held implement, no longer than 4 feet,
equipped with projecting prongs used to gather sea urchins.
Shovel means a hand-operated implement for digging clams.
Subsistence fishing permit means a permit issued by ADF&G, unless
specifically identified otherwise.
To operate fishing gear means any of the following: to deploy gear
in the water; to remove gear from the water; to remove fish or
shellfish from the gear during an open season or period; or to possess
a gillnet containing fish during an open fishing period, except that a
gillnet which is completely clear of the water is not considered to be
operating for the purposes of minimum distance requirement.
Trawl means a bag-shaped net towed through the water to capture
fish or shellfish, and includes beam, otter, or pelagic trawl.
(c) You may take shellfish for subsistence uses at any time in any
area of the public lands by any method unless restricted by this
section.
(d) Methods, means, and general restrictions. (1) The harvest limit
specified in this section for a subsistence season for a species and
the State harvest limit set for a State season for the same species are
not cumulative. This means that if you have taken the harvest limit for
a particular species under a subsistence season specified in this
section, you may not, after that, take any additional shellfish of that
species under any other harvest limit specified for a State season.
(2) Unless otherwise provided in this section or under terms of a
required subsistence fishing permit (as may be modified by this
section), you may use the following legal types of gear to take
shellfish:
(i) Abalone iron;
(ii) Diving gear;
(iii) A grappling hook;
(iv) A handline;
(v) A hydraulic clam digger;
(vi) A mechanical clam digger;
(vii) A pot;
(viii) A ring net;
(ix) A scallop dredge;
(x) A sea urchin rake;
(xi) A shovel; and
(xii) A trawl.
(3) You are prohibited from buying or selling subsistence-taken
shellfish, their parts, or their eggs, unless otherwise specified.
(4) You may not use explosives and chemicals, except that you may
use chemical baits or lures to attract shellfish.
(5) Marking requirements for subsistence shellfish gear are as
follows:
(i) You shall plainly and legibly inscribe your first initial, last
name, and address on a keg or buoy attached to unattended subsistence
fishing gear, except when fishing through the ice, you may substitute
for the keg or buoy, a stake inscribed with your first initial, last
name, and address inserted in the ice near the hole; subsistence
fishing gear may not display a permanent ADF&G vessel license number;
(ii) kegs or buoys attached to subsistence crab pots also must be
inscribed with the name or United States Coast Guard number of the
vessel used to operate the pots.
(6) Pots used for subsistence fishing must comply with the escape
mechanism requirements found in Sec. ______.27.
[[Page 10159]]
(7) You may not mutilate or otherwise disfigure a crab in any
manner which would prevent determination of the minimum size
restrictions until the crab has been processed or prepared for
consumption.
(e) Taking shellfish by designated harvest permit. (1) Any species
of shellfish that may be taken by subsistence fishing under this part
may be taken under a designated harvest permit.
(2) If you are a Federally-qualified subsistence user
(beneficiary), you may designate another Federally-qualified
subsistence user to take shellfish on your behalf. The designated
fisherman must obtain a designated harvest permit prior to attempting
to harvest shellfish and must return a completed harvest report. The
designated fisherman may harvest for any number of beneficiaries but
may have no more than two harvest limits in his/her possession at any
one time.
(3) The designated fisherman must have in possession a valid
designated harvest permit when taking, attempting to take, or
transporting shellfish taken under this section, on behalf of a
beneficiary.
(4) You may not fish with more than one legal limit of gear as
established by this section.
(5) You may not designate more than one person to take or attempt
to take shellfish on your behalf at one time. You may not personally
take or attempt to take shellfish at the same time that a designated
fisherman is taking or attempting to take shellfish on your behalf.
(f) If a subsistence shellfishing permit is required by this
section, the following conditions apply unless otherwise specified by
the subsistence regulations in this section:
(1) You may not take shellfish for subsistence in excess of the
limits set out in the permit unless a different limit is specified in
this section;
(2) You must obtain a permit prior to subsistence fishing;
(3) You must have the permit in your possession and readily
available for inspection while taking or transporting the species for
which the permit is issued;
(4) The permit may designate the species and numbers of shellfish
to be harvested, time and area of fishing, the type and amount of
fishing gear and other conditions necessary for management or
conservation purposes;
(5) If specified on the permit, you shall keep accurate daily
records of the catch involved, showing the number of shellfish taken by
species, location and date of the catch, and such other information as
may be required for management or conservation purposes;
(6) You must complete and submit subsistence fishing reports at the
time specified for each particular area and fishery;
(7) If the return of catch information necessary for management and
conservation purposes is required by a subsistence fishing permit and
you fail to comply with such reporting requirements, you are ineligible
to receive a subsistence permit for that activity during the following
calendar year, unless you demonstrate that failure to report was due to
loss in the mail, accident, sickness, or other unavoidable
circumstances.
(g) Subsistence take by commercial vessels. No fishing vessel which
is commercially licensed and registered for shrimp pot, shrimp trawl,
king crab, Tanner crab, or Dungeness crab fishing may be used for
subsistence take during the period starting 14 days before an opening
until 14 days after the closure of a respective open season in the area
or areas for which the vessel is registered. However, if you are a
commercial fisherman, you may retain shellfish for your own use from
your lawfully taken commercial catch.
(h) You may not take or possess shellfish smaller than the minimum
legal size limits.
(i) Unlawful possession of subsistence shellfish. You may not
possess, transport, give, receive, or barter shellfish or their parts
taken in violation of Federal or State regulations.
(j)(1) An owner, operator, or employee of a lodge, charter vessel,
or other enterprise that furnishes food, lodging, or guide services may
not furnish to a client or guest of that enterprise, shellfish that has
been taken under this chapter, unless:
(i) The shellfish has been taken with gear deployed and retrieved
by the client or guest who is a federally-qualified subsistence user;
(ii) The gear has been marked with the client's or guest's name and
address; and
(iii) The shellfish is to be consumed by the client or guest or is
consumed in the presence of the client or guest.
(2) The captain and crewmembers of a charter vessel may not deploy,
set, or retrieve their own gear in a subsistence shellfish fishery when
that vessel is being chartered.
(k) Subsistence shellfish areas and pertinent restrictions. (1)
Southeastern Alaska-Yakutat Area. No marine waters are currently
identified under Federal subsistence management jurisdiction.
(2) Prince William Sound Area. No marine waters are currently
identified under Federal subsistence management jurisdiction.
(3) Cook Inlet Area. You may not take shellfish for subsistence
purposes.
(4) Kodiak Area. (i) You may take crab for subsistence purposes
only under the authority of a subsistence crab fishing permit issued by
the ADF&G.
(ii) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
before subsistence shrimp fishing during a closed commercial shrimp
fishing season or within a closed commercial shrimp fishing district,
section, or subsection. The permit shall specify the area and the date
the vessel operator intends to fish. No more than 500 pounds (227 kg)
of shrimp may be in possession aboard the vessel.
(iii) The daily harvest and possession limit is 12 male Dungeness
crabs per person; only male Dungeness crabs with a shell width of 6\1/
2\ inches or greater may be taken or possessed. Taking of Dungeness
crab is prohibited in water 25 fathoms or more in depth during the 14
days immediately before the opening of a commercial king or Tanner crab
fishing season in the location.
(iv) In the subsistence taking of king crab:
(A) The annual limit is six crabs per household; only male king
crab may be taken or possessed;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a 2-week period shall have all bait
and bait containers removed and all doors secured fully open;
(C) You may not use more than five crab pots, each being no more
than 75 cubic feet in capacity to take king crab;
(D) You may take king crab only from June 1-January 31, except that
the subsistence taking of king crab is prohibited in waters 25 fathoms
or greater in depth during the period 14 days before and 14 days after
open commercial fishing seasons for red king crab, blue king crab, or
Tanner crab in the location;
(E) The waters of the Pacific Ocean enclosed by the boundaries of
Womens Bay, Gibson Cove, and an area defined by a line \1/2\ mile on
either side of the mouth of the Karluk River, and extending seaward
3,000 feet, and all waters within 1,500 feet seaward of the shoreline
of Afognak Island are closed to the harvest of king crab except by
Federally-qualified subsistence users.
(v) In the subsistence taking of Tanner crab:
(A) You may not use more than five crab pots to take Tanner crab;
(B) You may not take Tanner crab in waters 25 fathoms or greater in
depth
[[Page 10160]]
during the 14 days immediately before the opening of a commercial king
or Tanner crab fishing season in the location;
(C) The daily harvest and possession limit is 12 male crab with a
shell width 5\1/2\ inches or greater per person.
(5) Alaska Peninsula-Aleutian Islands Area. (i) The operator of a
commercially licensed and registered shrimp fishing vessel must obtain
a subsistence fishing permit from the ADF&G prior to subsistence shrimp
fishing during a closed commercial shrimp fishing season or within a
closed commercial shrimp fishing district, section, or subsection; the
permit shall specify the area and the date the vessel operator intends
to fish; no more than 500 pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(ii) The daily harvest and possession limit is 12 male Dungeness
crabs per person; only crabs with a shell width of 5\1/2\ inches or
greater may be taken or possessed.
(iii) In the subsistence taking of king crab:
(A) The daily harvest and possession limit is six male crabs per
person; only crabs with a shell width of 6\1/2\ inches or greater may
be taken or possessed;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a 2-week period shall have all bait
and bait containers removed and all doors secured fully open;
(C) You may take crabs only from June 1-January 31.
(iv) The daily harvest and possession limit is 12 male Tanner crabs
per person; only crabs with a shell width of 5\1/2\ inches or greater
may be taken or possessed.
(6) Bering Sea Area. (i) In that portion of the area north of the
latitude of Cape Newenham, shellfish may only be taken by shovel,
jigging gear, pots, and ring net.
(ii) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
prior to subsistence shrimp fishing during a closed commercial shrimp
fishing season or within a closed commercial shrimp fishing district,
section, or subsection; the permit shall specify the area and the date
the vessel operator intends to fish; no more than 500 pounds (227 kg)
of shrimp may be in possession aboard the vessel.
(iii) In waters south of 60 deg. N. lat., the daily harvest and
possession limit is 12 male Dungeness crabs per person.
(iv) In the subsistence taking of king crab:
(A) In waters south of 60 deg. N. lat., the daily harvest and
possession limit is six male crab per person;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a two-week period shall have all bait
and bait containers removed and all doors secured fully open;
(C) In waters south of 60 deg. N. lat., you may take crab only from
June 1-January 31;
(D) In the Norton Sound Section of the Northern District, you must
have a subsistence permit.
(v) In waters south of 60 deg. N. lat., the daily harvest and
possession limit is 12 male Tanner crab.
Dated: December 19, 2000.
Kenneth E. Thompson,
Acting Regional Forester, USDA-Forest Service.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 01-1953 Filed 2-12-01; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P