Federal Register, Volume 70 Issue 53 (Monday, March 21, 2005)

[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Rules and Regulations]
[Pages 13377-13396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5469]

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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AT46

Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--2005-06 Subsistence Taking of Fish and
Shellfish Regulations

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

ACTION: Final rule.

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SUMMARY: This final rule establishes regulations for seasons, harvest
limits, methods, and means related to taking of fish and shellfish for
subsistence uses during the 2005-06 regulatory year. The rulemaking is
necessary because Subpart D is subject to an annual public review
cycle. This rulemaking replaces the fish and shellfish taking
regulations included in the ``Subsistence Management Regulations for
Public Lands in Alaska, Subpart C and Subpart D--2004 Subsistence
Taking of Fish and Wildlife Regulations,'' which expire on March 31,
2005. This rule also amends the Customary and Traditional Use
Determinations of the Federal Subsistence Board (Section ----.24 of
Subpart C).

DATES: Sections ----.24(a)(2) and (3) are effective April 1, 2005.
Sections ----.27 and ----.28 are effective April 1, 2005, through March
31, 2006.

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 Steve Kessler, Regional
Subsistence Program Manager, USDA, Forest Service, Alaska Region, (907)
786-3592.

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. In
1978, 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). 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 as revised May 7, 2002 (67 FR 30559), 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
agencies in both the Departments of Agriculture and the Interior,
identical text will be incorporated into 36 CFR part 242 and 50 CFR
part 100.

[[Page 13378]]

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 and 242.22 (2002) and 50 CFR 100.11 and 100.22 (2002),
and for the purposes identified therein, we divide Alaska into 10
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 exercise 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 ( 69 FR 5105, February 3, 2004) and making
recommendations for this final rule. Moreover, the Council Chairs, or
their designated representatives, presented their Council's
recommendations at the Board meeting of January 11-13, 2005.

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 last published in the Federal Register on February 3, 2004 (69 FR
5105). During its January 11-13, 2005, meeting, the Board made new
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. We published proposed Subpart D
regulations for the 2005-06 seasons, harvest limits, and methods and
means on February 3, 2004, in the Federal Register (69 FR 5105). A 45-
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 30 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 30 days in which to comment on the proposals for
changes to the regulations. The 10 Regional Councils then met again,
received public comments, and formulated their recommendations to the
Board on proposals for their respective regions. One of the proposals
was not considered, being withdrawn before Board consideration. These
final regulations reflect Board review and consideration of Regional
Council recommendations and public comments on the remaining proposals.

Analysis of Proposals Rejected by the Board

The Board rejected 11 proposals. With one exception, all of these
actions were based on recommendations from at least one Regional
Council.
The Board rejected one proposal that requested significant
restrictions on the exercise of customary trade. The Board rejected
this proposal as an unnecessary restriction on subsistence users.
One proposal requested us to restrict the size of gillnets in the
Yukon River. This proposal was rejected because it would have resulted
in Federal regulations that are more restrictive than State regulations
and the Board viewed it as an unnecessary restriction on subsistence
users.
One proposal to establish a 6-day fall chum salmon season in
Subdistrict 5D was rejected based on conservation concerns and the
ability of in-season managers to protect salmon runs for long-term
subsistence opportunities.
The Board rejected two proposals requesting revisions to the
subsistence fishing schedule for the Yukon and Kuskokwim Rivers. The
Board rejected these proposals because the current fishing schedules
are a result of a coordinated effort by users and government bodies to
rebuild depressed salmon stocks and are for the long-term benefit of
all users. Additionally, in-season managers already have the authority
to relax schedules when run strength is adequate to allow additional
harvest.
The Board rejected one proposal that would have removed the
requirement for a Federal subsistence fishing permit for steelhead in
the Yakutat Fishery Management Area. This proposal was rejected because
the Board cited a need to have harvest data on a resource that is
vulnerable to overharvest.
The Board rejected one proposal contrary to the recommendation of
the Regional Council in order to prevent detrimental impacts to
subsistence users from harassment when taking resources for ceremonial
purposes and in order to assure long-term conservation of the resources
being used.
Two proposals rejected by the Board related to the incidental take
of fish in the Southeastern Alaska Area. The Board viewed these
proposals as serving no useful purpose, addressing no conservation
concerns, being confusing to the users, and generally being
unenforceable.
The Board rejected one proposal that would have removed a closure
restriction in the Kutlaku Lake area. This proposal was rejected
because of a continuing conservation concern for the sockeye salmon
stocks of this system.
The Board rejected one proposal that would have placed additional
harvest restrictions on steelhead in southeast Alaska. This proposal
was rejected because the Board sees no immediate conservation concern
for steelhead and thus the proposal would have placed unnecessary
restrictions on subsistence users.

Analysis of Proposals Adopted by the Board

The Board adopted 17 proposals. A number of proposals dealing with
the same issue were dealt with as a package. Some 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, conforming with harvest practices, or protecting
fish populations. Detailed information

[[Page 13379]]

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 Web site (http://alaska.fws.gov/asm/home.html). Additional technical clarifications and
removal of excess or duplicative text have been made, which result in a
more readable document.
In the Cook Inlet Fishery Management Area, we corrected the text to
prohibit the use of gillnets in freshwater. This action is necessary to
protect populations of rainbow trout, steelhead, and other freshwater
species susceptible to over harvest and was addressed in a Correcting
Amendment published June 28, 2000 (65 FR 39815). Through an
administrative error, we failed to carry through with this correction
in later rulemaking documents. There is no impact on subsistence users
because no one uses a gillnet to fish for smelt in freshwater in this
area.
In the final rule, we deleted the reference to the Holitna River in
Sec. ----.27(h)(4) because the Holitna River is not within
jurisdiction as identified in Sec. ----.3(b). Similarly, we also
deleted reference to Tuxedni Bay in Sec. ----.24(a)(3). An opinion by
the Department of the Interior Solicitor's Office concluded that the
boundaries of the Alaska Maritime National Wildlife Refuge do not
extend below mean high tide and that those waters are not within
Federal jurisdiction as identified in Sec. ----.3. When questions of
jurisdiction are brought to our attention, we immediately review the
issue and make any appropriate modifications to our regulations as we
have done here. In addition, we revised the regulations pertaining to
specific management areas as follows:
Yukon-Northern Fishery Management Area
The Board adopted one proposal affecting residents of the Yukon-
Northern Fishery Management Area, resulting in the following change to
the regulations found in Sec. ----.27.
Established a drift gillnet fishery for king salmon in
Districts 4B and 4C of the Yukon River.
Kuskokwim Fishery Management Area
The Board adopted two proposals affecting residents of the
Kuskokwim Fishery Management Area, resulting in the following changes
to the regulations found in Sec. ----.24.
Revised the customary and traditional use determination
for rainbow trout.
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.
Removed the permit requirement when harvesting char and
rainbow trout.
Prince William Sound Fishery Management Area
The Board adopted five proposals affecting residents of the Prince
William Sound Fishery Management Area, resulting in the following
changes to the regulations found in Sec. Sec. ----.24 and ------.27.
Established customary and traditional use determinations
for eulachon in portions of the fishery management area.
Revised the customary and traditional use determination
for salmon in the Chitina and Glennallen Subdistricts of the fishery
management area.
Established limits on the amount of salmon that may be
sold in customary trade in the Upper Copper River District.
Additionally, the Board concurred in the correction of an
administrative error relative to restrictions on the taking of salmon
in the Prince William Sound 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. ----.27.
Revised regulations to allow fishing with rod and reel
within 300 feet of a fish ladder unless posted by the USDA Forest
Service.
Specified specific gear types allowable for the taking of
salmon and steelhead.
Established harvest limits for sockeye salmon.
Clarified that there are generally no harvest limits for
pink or chum salmon.
Established regulations for a southeast Alaska steelhead
fishery.
Provided for the use of handlines for snagging for salmon
and steelhead. Established a definition of snagging.
Allowed the accumulation of subsistence harvest limits
with sport harvest limits.
Simplified the coho salmon harvest regulations, removed
the annual harvest limit, and removed the prohibition on retaining
incidentally-caught trout and sockeye salmon.
Provided harvest regulations for cutthroat trout, rainbow
trout, Dolly Varden, grayling, and brook trout.
Additionally, following consultation with the Transboundary Panel
and the Pacific Salmon Commission, the Board has implemented
regulations for the subsistence harvest of chinook and coho salmon in
the Stikine River.

Administrative Procedure Act Compliance

The Board finds that additional public notice under the
Administrative Procedure Act (APA) for this final rule is unnecessary
and contrary to the public interest. The Board has provided extensive
opportunity for public input and involvement in excess of standard APA
requirements, including participation in multiple Regional Council
meetings, additional public review and comment on all proposals for
regulatory change, and opportunity for additional public comment during
the Board meeting prior to deliberation. Additionally, an
administrative mechanism exists (and has been used by the public) to
request reconsideration of the Board's decision on any particular
proposal for regulatory change. Over the 12 years the Program has been
operating, no benefit to the public has been demonstrated by delaying
the effective date of regulations. A lapse in regulatory control could
seriously affect the continued viability of fish and shellfish
populations, adversely impact future subsistence opportunities for
rural Alaskans, and would generally fail to serve the overall public
interest. Therefore, the Board finds good cause pursuant to 5 U.S.C.
553(d) to make this rule effective less than 30 days after publication.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

A Draft Environmental Impact Statement (DEIS) for developing a
Federal Subsistence Management Program was distributed for public
comment on October 7, 1991. That document described the major issues
associated with Federal subsistence management as identified through
public meetings, written comments, and staff analysis and examined the
environmental consequences of four alternatives. Proposed regulations
(Subparts A, B, and C) that would implement the preferred alternative
were included in the DEIS as an appendix. The DEIS and the proposed
administrative regulations presented a framework for an annual
regulatory

[[Page 13380]]

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, implemented
Alternative IV as identified in the DEIS and FEIS (Record of Decision
on Subsistence Management for Federal Public Lands in Alaska (ROD),
signed April 6, 1992). The DEIS and the selected alternative in the
FEIS defined the administrative framework of an annual regulatory cycle
for subsistence hunting and fishing regulations. The final rule for
Subsistence Management Regulations for Public Lands in Alaska, Subparts
A, B, and C (57 FR 22940, published May 29, 1992; amended January 8,
1999, 64 FR 1276; June 12, 2001, 66 FR 31533; and May 7, 2002, 67 FR
30559) implemented the Federal Subsistence Management Program and
included a framework for an annual cycle for subsistence hunting and
fishing regulations.
An environmental assessment was prepared in 1997 on the expansion
of Federal jurisdiction over fisheries and is available by contacting
the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary
of the Interior, with the concurrence of the Secretary of Agriculture,
determined that the expansion of Federal jurisdiction did not
constitute a major Federal action significantly affecting the human
environment and has therefore signed a Finding of No Significant
Impact.

Compliance With Section 810 of ANILCA

The intent of all Federal subsistence regulations is to accord
subsistence uses of fish and wildlife on public lands a priority over
the taking of fish and wildlife on such lands for other purposes,
unless restriction is necessary to conserve healthy fish and wildlife
populations. A Section 810 analysis was completed as part of the FEIS
process. The final Section 810 analysis determination appeared in the
April 6, 1992, ROD, which concluded that the Federal Subsistence
Management Program may have some local impacts on subsistence uses, but
the program is not likely to significantly restrict subsistence uses.

Paperwork Reduction Act

The information collection requirements contained in this rule have
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and assigned
OMB control number 1018-0075, which expires August 31, 2006. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information request unless it displays a currently valid
OMB control number.

Other Requirements

Regulatory Planning and Review (Executive Order 12866)--In
accordance with the criteria in Executive Order 12866, this rule is not
a significant regulatory action subject to OMB review. OMB makes this
determination. This action will not have an annual economic effect of
$100 million or adversely affect any economic sector, productivity,
competition, jobs, the environment, or other units of government.
Therefore, a cost-benefit and economic analysis is not required. This
action will not create inconsistencies with other agencies' actions or
otherwise interfere with an action taken or planned by another agency.
This action will not materially affect entitlements, grants, user fees,
loan programs, or the rights and obligations of their recipients. This
action will not raise novel legal or policy issues.
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 economic effect on a substantial number of small entities,
which include small businesses, organizations, or governmental
jurisdictions. The Departments have determined that this rulemaking
will not have a significant economic effect on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act.
This rulemaking will impose no significant costs on small entities;
the exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant positive economic effect on a number of
small entities, such as tackle, boat, and gasoline dealers. The number
of small entities affected is unknown; however, the fact that the
positive effects will be seasonal in nature and will, in most cases,
merely continue preexisting uses of public lands indicates that the
effects will not be significant.
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, 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 (Note: $3.00 per pound is much higher than the current
commercial value 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 (Civil Justice Reform).
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. Title VIII of ANILCA precludes the State from
exercising management authority over 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.
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As this rule is not a
significant regulatory action under Executive Order 13211, affecting
energy supply, distribution, or use, this action is not a significant
action and no Statement of Energy Effects is required.

[[Page 13381]]

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.
Taylor Brelsford, 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; Dr. Glenn Chen,
Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler,
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.

0
For the reasons set out in the preamble, the Federal Subsistence Board
amends Title 36, part 242, and Title 50, part 100, of the Code of
Federal Regulations, as set forth below.

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

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

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

Subpart C--Board Determinations

0
2. In Subpart C of 36 CFR part 242 and 50 CFR part 100, ----.24(a)(2)
and (3) are revised to read as follows:

Sec. ----.24 Customary and traditional use determinations.

(a) * * *
(2) Fish determinations. The following communities and areas have
been found to have a positive customary and traditional use
determination in the listed area for the indicated species:

----------------------------------------------------------------------------------------------------------------
Area Species Determination
----------------------------------------------------------------------------------------------------------------
KOTZEBUE AREA................... All fish............................................. Residents of the
Kotzebue Area.
NORTON SOUND-PORT CLARENCE AREA:
Norton Sound-Port Clarence All fish............................................. Residents of Stebbins,
Area, waters draining into St. Michael, and
Norton Sound between Point Kotlik.
Romanof and Canal Point.
Norton Sound-Port Clarence All fish............................................. Residents of the Norton
Area, remainder. Sound-Port Clarence
Area.
YUKON-NORTHERN AREA:
Yukon River drainage........ Salmon, other than fall chum salmon.................. Residents of the Yukon
River drainage and the
community of Stebbins.
Yukon River drainage........ Fall chum salmon..................................... Residents of the Yukon
River drainage and the
communities of
Stebbins, Scammon Bay,
Hooper bay, and
Chevak.
Yukon River drainage........ Freshwater fish (other than salmon).................. Residents of the Yukon-
Northern Area.
Remaider of the Yukon- All fish............................................. Residents of the Yukon-
Northern Area. Northern Area,
excluding the
residents of the Yukon
River drainage and
excluding those
domiciled in Unit 26-
B.
KUSKOKWIM AREA.................. Salmon............................................... Residents of the
Kuskokwim Area, except
those persons residing
on the United States
military installations
located on Cape
Newenham, Sparrevohn
USAFB, and Tatalina
USAFB.
Rainbow trout........................................ Residents of the
communities of
Akiachak, Akiak,
Aniak, Atmautluak,
Bethel, Chuathbaluk,
Crooked Creek, Eek,
Goodnews Bay,
Kasigluk, Kwethluk,
Lower Kalskag,
Napakiak, Napaskiak,
Nunapitchuk,
Oscarville, Platinum,
Quinhagak, Tuluksak,
Tuntutuliak, and Upper
Kalskag.
Pacific cod.......................................... Resident of the
communities of Chevak,
Newtok, Tununak,
Toksook Bay,
Nightmute, Chefornak,
Kipnuk, Mekoryuk,
Kwigillingok,
Kongiganak, Eek, and
Tuntutuliak.
All other fish other than herring.................... Residents of the
Kuskokwim Area, except
those persons residing
on the United States
military installation
located on Cape
Newenham, Sparrevohn
USAFB, and Tatalina
USAFB.
Waters around Nunivak Island Herring and herring roe.............................. Residents within 20
miles of the coast
between the
westernmost tip of the
Naskonat Peninsula and
the terminus of the
Ishowik River and on
Nunivak Island.
BRISTOL BAY AREA:
Nushagak District, including Salmon and freshwater fish........................... Residents of the
drainages flowing into the Nushagak District and
district. freshwater drainages
flowing into the
district.
Naknek-Kvichak District- Salmon and freshwater fish........................... Residents of the Naknek
Naknek River drainage. and Kvichak River
drainages.
Naknek-Kvichak District- Salmon and freshwater fish........................... Residents of the
Kvichak/Iliamna-Lake Clark Kvichak/Iliamna-Lake
drainage. Clark drainage.

[[Page 13382]]

Togiak District, including Salmon and freshwater fish........................... Residents of the Togiak
drainages flowing into the District, freshwater
district. drainages flowing into
the district, and the
community of
Manokotak.
Egegik District, including Salmon and freshwater fish........................... Residents of South
drainages flowing into the Naknek, the Egegik
district. District and
freshwater drainages
flowing into the
district.
Ugashik District, including Salmon and freshwater fish........................... Residents of the
drainages flowing into the Ugashik District and
district. freshwater drainages
flowing into the
district.
Togiak District............. Herring spawn on kelp................................ Residents of the Togiak
District and
freshwater drainages
flowing into the
district.
Remainder of the Bristol Bay All fish............................................. Residents of the
Area. 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 Peninsula Area.......... Residents of the Alaska
Peninsula Area.
CHIGNIK AREA.................... Halibut, salmon and fish other than rainbow/steelhead Residents of the
trout. Chignik Area.
KODIAK AREA--except the Mainland Salmon............................................... Residents of the Kodiak
District, all waters along the Island Borough, except
south side of the Alaska those residing on the
Peninsula bounded by the Kodiak Coast Guard
latitude of Cape Douglas Base.
(58[deg]52' North latitude) mid-
stream Shelikof Strait, and
east of the longitude of the
southern entrance of Imuya Bay
near Kilokak Rocks
(57[deg]1'22'' North latitude
156[deg]20'30'' West longitude).
Kodiak Area................. Fish other than rainbow/steelhead trout and salmon... Residents of the Kodiak
Area.
COOK INLET AREA................. Fish other than salmon, Dolly Varden, trout, char, Residents of the Cook
grayling, and burgot. Inlet Area.
Salmon, Dolly Varden, trout, char, grayling, and No Determination.
burbot.
PRINCE WILLIAM SOUND AREA:
Southwestern District and Salmon............................................... Residents of the
Green Island. Southwestern District,
which is mainland
waters from the outer
point on the north
shore of Granite Bay
to Cape Fairfield, and
Knight Island, Chenega
Island, Bainbridge
Island, Evans Island,
Elrington Island,
Latouche Island and
adjacent islands.
North of a line from Salmon............................................... Residents of the
Porcupine Point to Granite villages of Tatitlek
Point, and south of a line and Ellamar.
from Point Lowe to Tongue
Point.
Copper River drainage Freshwater fish...................................... Residents of Cantwell,
upstream from Haley Creek. Chisana, Chistochina,
Chitina, Copper
Center, Dot Lake,
Gakona, Gakona
Junction, Glennallen,
Gulkana, Healy Lake,
Kenny Lake, Lower
Tonsina, McCarthy,
Mentasta Lake,
Nabesna, Northway,
Slana, Tanacross,
Tazlina, Tetlin, Tok,
Tonsina, and those
individuals that live
along the Tok Cutoff
from Tok to Mentasta
Pass and along the
Nebesna Road.
Gulkana National Wild and Freshwater fish...................................... Residents of Cantwell,
Scenic River. Chisana, Chistochina,
Chitina, Cooper
Center, Dot Lake,
Gakona, Gakona
Junction, Glennallen,
Gulkana, Healy Lake,
Kenny Lake, Lower
Tonsina, McCarthy,
Mentasta Lake,
Nabesna, Northway,
Paxson-Sourdough,
Slana, Tanacross,
Tazlina, Tetlin, Tok,
Tonsina, and those
individuals that live
along the Tok Cutoff
from Tok to Mentasta
Pass, and along the
Nabesna Road.
Chitina Subdistrict of the Salmon............................................... Residents of Cantwell,
Upper Copper River District. Chickaloon, Chisana,
Chistochina, Chitina,
Copper Center, Dot
Lake, Gakona, Gakona
Junction, Glennallen,
Gulkana, Healy Lake,
Kenny Lake, Nabesna,
Northway, Paxson-
Sourdough, Slana,
Tanacross, Tazlina,
Tetlin, Tok, Tonsina,
and those individuals
that live along the
Tok Cutoff from Tok to
Mentasta Pass, and
along the Nabesna
Road.

[[Page 13383]]

Glennallen Subdistrict of Salmon............................................... Residents of the Prince
the Upper Copper River William Sound Area and
District. residents of Cantwell,
Chickaloon, Chisana,
Dot Lake, Healy Lake,
Northway, Tanacross,
Tetlin, Tok and those
individuals living
along the Alaska
Highway from the
Alaskan/Canadian
border to Dot Lake,
along the Tok Cutoff
from Tok to Mentasta
Pass, and along the
Nabesna Road.
Waters of the Copper River Salmon............................................... Residents of Mentasta
between National Park Lake and Dot Lake.
Service regulatory markers
located near the mouth of
Tanada Creek, and in Tanada
Creek between National Park
Service regulatory markers
located near the mouth of
Tanada Creek, and in Tanada
Creek between National Park
Service regulatory markers
identifying the open waters
of the creek.
Remainder of the Prince Salmon............................................... Residents of the Prince
William Sound Area. William Sound Area.
Waters of the Bering River Eulachon............................................. Residents of Cordova.
area from Point Martin to
Cape Suckling.
Waters of the Copper River Eulachon............................................. Residents of Cordova,
Delta from the Eyak River Chenega Bay, and
to Point Martin. Tatitlek.
YAKUTAT AREA:
Freshwater upstream from the Salmon............................................... Residents of the area
terminus of streams and east of Yakutat Bay,
rivers of the Yakutat Area including the islands
from the Doame River to the within Yakutat Bay,
Tsiu River. west of the Situk
River drainage, and
south of and including
Knight Island.
Freshwater upstream from the Dolly Varden, steelhead trout, and smelt............. Residents of the area
terminus of streams and east of Yakutat Bay,
rivers of the Yakutat Area including the islands
from the Doame River to within Yakutat Bay,
Point Manby. west of the Situk
River drainage, and
south of and including
Knight Island.
Remainder of the Yakutat Dolly Varden, trout, smelt, and eulachon............. Residents of
Area. Southeastern Alaska
and Yakutat
SOUTHEASTERN ALASKA AREA:
District 1--Section 1E in Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
waters of the Naha River of Saxman.
and Roosevelt Lagoon.
District 1--Section 1F in Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
Boca de Quadra in waters of of Saxman.
Sockeye Creek and Hugh
Smith Lake within 500 yards
of the terminus of Sockeye
Creek.
Districts 2, 3, and 5 and Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents living south
waters draining into those of Sumner Strait and
Districts. west of Clarence
Strait and Kashevaroff
Passage.
District 5--North of a line Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
from Point Barrie to of Kake and in
Boulder Point. Kupreanof Island
drainages emptying
into Keku Strait south
of Point White and
north of the Portage
Bay boat harbor.
District 6 and waters Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents living south
draining into that District. of Sumner Strait and
west of Clarence
Strait and Kashevaroff
Passage; residents of
drainages flowing into
District 6 north of
the latitude of Point
Alexander (Mitkof
Island); residents of
drainages flowing into
Districts 7 & 8,
including the
communities of
Petersburg & Wrangell;
and residents of the
communities of Meyers
Chuck and Kake.
District 7 and waters Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of drainages
draining into that District. flowing into District
6 north of the
latitude of Point
Alexander (Mitkof
Island); residents of
drainages flowing into
Districts 7 & 8,
including the
communities of
Petersburg & Wrangell;
and residents of the
communities of Meyers
Chuck and Kake.
District 8 and waters Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of drainages
draining into that District. flowing into Districts
7 & 8, residents of
drainages flowing into
District 6 north of
the latitude of Point
Alexander (Mitkof
Island), and residents
of Meyers Chuck.
District 9--Section 9A...... Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
of Kake and in
Kupreanof Island
drainages emptying
into Keku Strait south
of Point White and
north of the Portage
Bay boat harbor.
District 9--Section 9B north Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
of the latitude of Swain of Kake and in
Point. Kupreanof Island
drainages emptying
into Keku Strait south
of Point White and
north of the Portage
Bay boat harbor.

[[Page 13384]]

District 10--West of a line Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
from Pinta Point to False of Kake and in
Point Pybus. 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 Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
from Fishery Point to south of Angoon and along
Passage Point and north of the western shore of
the latitude of Point Admiralty Island north
Caution. of the latitude of
Sand Island, south of
the latitude of Thayer
Creek, and west of
134[deg]30' West
longitude, including
Killisnoo Island.
District 13--Section 13A Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
south of the latitude of and Borough of Sitka
Cape Edward. in drainages that
empty into Section 13B
north of the latitude
of Dorothy Narrows.
District 13--Section 13B Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
north of the latitude of and Borough of Sitka
Redfish Cape. in drainages that
empty into Section 13B
north of the latitude
of Dorothy Narrows.
District 13--Section 13C.... Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
and Borough of Sitka
in drainages that
empty into Section 13B
north of the latitude
of Dorothy Narrows.
District 13--Section 13C Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
east of the longitude of of Angoon and along
Point Elizabeth. 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' West
longitude, including
Killisnoo Island.
District 14--Section 14B and Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of the City
14C. of Hoonah and in
Chichagof Island
drainages on the
eastern shore of Port
Frederick from Gartina
Creek to Point Sophia.
Remainder of the Salmon, Dolly Varden, trout, smelt, and eulachon..... Residents of
Southeastern Alaska Area. Southeastern Alaska
and Yakutat Areas.
----------------------------------------------------------------------------------------------------------------

(3) Shellfish determinations. The following communities and areas
have been found to have a positive customary and traditional use
determination in the listed area for the indicated species:

* * * * *
0
3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, ----.27 and --
--.28 are added effective March 1, 2005, through March 31, 2006, to
read as follows:

Sec. ----.27 Subsistence taking of fish.

(a) Applicability. (1) Regulations in this section apply to the
taking of fish or their parts for subsistence uses.
(2) You may take fish for subsistence uses at any time by any
method unless you are restricted by the subsistence fishing regulations
found in this section. The harvest limit specified in this section for
a subsistence season for a species and the State harvest limit set for
a State season for the same species are not cumulative, except as
modified by regulations in Sec. ----.27(i). This means that if you
have taken the harvest limit for a particular species under a

[[Page 13385]]

subsistence season specified in this section, you may not, after that,
take any additional fish of that species under any other harvest limit
specified for a State season.
(b) [Reserved].
(c) Methods, means, and general restrictions. (1) Unless otherwise
specified in this section or under terms of a required subsistence
fishing permit (as may be modified by this section), you may use the
following legal types of gear for subsistence fishing:
(i) A set gillnet;
(ii) A drift gillnet;
(iii) A purse seine;
(iv) A hand purse seine;
(v) A beach seine;
(vi) Troll gear;
(vii) A fish wheel;
(viii) A trawl;
(ix) A pot;
(x) A longline;
(xi) A fyke net;
(xii) A lead;
(xiii) A herring pound;
(xiv) A dip net;
(xv) Jigging gear;
(xvi) A mechanical jigging machine;
(xvii) A handline;
(xviii) A cast net;
(xix) A rod and reel; and
(xx) A spear.
(2) You must include an escape mechanism on all pots used to take
fish or shellfish. The escape mechanisms are as follows:
(i) A sidewall, which may include the tunnel, of all shellfish and
bottomfish pots must contain an opening equal to or exceeding 18 inches
in length, except that in shrimp pots the opening must be a minimum of
6 inches in length. The opening must be laced, sewn, or secured
together by a single length of untreated, 100 percent cotton twine, no
larger than 30 thread. The cotton twine may be knotted at each end
only. The opening must be within 6 inches of the bottom of the pot and
must be parallel with it. The cotton twine may not be tied or looped
around the web bars. Dungeness crab pots may have the pot lid tie-down
straps secured to the pot at one end by a single loop of untreated, 100
percent cotton twine no larger than 60 thread, or the pot lid must be
secured so that, when the twine degrades, the lid will no longer be
securely closed;
(ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish
and bottomfish pots may, instead of complying with paragraph (c)(2)(i)
of this section, satisfy the following: a sidewall, which may include
the tunnel, must contain an opening at least 18 inches in length,
except that shrimp pots must contain an opening at least 6 inches in
length. The opening must be laced, sewn, or secured together by a
single length of treated or untreated twine, no larger than 36 thread.
A galvanic timed-release device, designed to release in no more than 30
days in saltwater, must be integral to the length of twine so that,
when the device releases, the twine will no longer secure or obstruct
the opening of the pot. The twine may be knotted only at each end and
at the attachment points on the galvanic timed-release device. The
opening must be within 6 inches of the bottom of the pot and must be
parallel with it. The twine may not be tied or looped around the web
bars.
(3) For subsistence fishing for salmon, you may not use a gillnet
exceeding 50 fathoms in length, unless otherwise specified in this
section. The gillnet web must contain at least 30 filaments of equal
diameter or at least 6 filaments, each of which must be at least 0.20
millimeter in diameter.
(4) Except as otherwise provided for in this section, you may not
obstruct more than one-half the width of any stream with any gear used
to take fish for subsistence uses.
(5) You may not use live nonindigenous fish as bait.
(6) You must have your first initial, last name, and address
plainly and legibly inscribed on the side of your fishwheel facing
midstream of the river.
(7) You may use kegs or buoys of any color but red on any permitted
gear, except in the following areas where kegs or buoys of any color,
including red, may be used:
(i) Yukon-Northern Area; and
(ii) Kuskokwim Area.
(8) You must have your first initial, last name, and address
plainly and legibly inscribed on each keg, buoy, stakes attached to
gillnets, stakes identifying gear fished under the ice, and any other
unattended fishing gear which you use to take fish for subsistence
uses.
(9) You may not use explosives or chemicals to take fish for
subsistence uses.
(10) You may not take fish for subsistence uses within 300 feet of
any dam, fish ladder, weir, culvert or other artificial obstruction,
unless otherwise indicated.
(11) Transactions between rural residents. Rural residents may
exchange in customary trade subsistence-harvested fish, their parts, or
their eggs, legally taken under the regulations in this part, for cash
from other rural residents. The Board may recognize regional
differences and define customary trade differently for separate regions
of the State.
(i) Bristol Bay Fishery Management Area--The total cash value per
household of salmon taken within Federal jurisdiction in the Bristol
Bay Fishery Management Area and exchanged in customary trade to rural
residents may not exceed $500.00 annually.
(ii) Upper Copper River District--The total number of salmon per
household taken within the Upper Copper River District and exchanged in
customary trade to rural residents may not exceed 50% of the annual
harvest of salmon by the household. No more than 50% of the annual
household limit may be sold under paragraphs ----.27(c)(11) and (12)
when taken together. These customary trade sales must be immediately
recorded on a customary trade recordkeeping form. The recording
requirement and the responsibility to ensure the household limit is not
exceeded rests with the seller.
(12) Transactions between a rural resident and others. In customary
trade, a rural resident may trade fish, their parts, or their eggs,
legally taken under the regulations in this part, for cash from
individuals other than rural residents if the individual who purchases
the fish, their parts, or their eggs uses them for personal or family
consumption. If you are not a rural resident, you may not sell fish,
their parts, or their eggs taken under the regulations in this part.
The Board may recognize regional differences and define customary trade
differently for separate regions of the State.
(i) Bristol Bay Fishery Management Area--The total cash value per
household of salmon taken within Federal jurisdiction in the Bristol
Bay Fishery Management Area and exchanged in customary trade between
rural residents and individuals other than rural residents may not
exceed $400.00 annually. These customary trade sales must be
immediately recorded on a customary trade recordkeeping form. The
recording requirement and the responsibility to ensure the household
limit is not exceeded rest with the seller.
(ii) Upper Copper River District--The total cash value of salmon
per household taken within the Upper Copper River District and
exchanged in customary trade between rural residents and individuals
other than rural residents may not exceed $500.00 annually. No more
than 50% of the annual household limit may be sold under paragraphs --
--.27(c)(11) and (12) when taken together. These customary trade sales
must be immediately recorded on a customary trade recordkeeping form.
The recording

[[Page 13386]]

requirement and the responsibility to ensure the household limit is not
exceeded rest with the seller.
(13) No sale to, nor purchase by, fisheries businesses.
(i) You may not sell fish, their parts, or their eggs taken under
the regulations in this part to any individual, business, or
organization required to be licensed as a fisheries business under
Alaska Statute AS 43.75.011 (commercial limited-entry permit or crew
license holders excluded) or to any other business as defined under
Alaska Statute 43.70.110(1) as part of its business transactions.
(ii) If you are required to be licensed as a fisheries business
under Alaska Statute AS 43.75.011 (commercial limited-entry permit or
crew license holders excluded) or are a business as defined under
Alaska Statute 43.70.110(1), you may not purchase, receive, or sell
fish, their parts, or their eggs taken under the regulations in this
part as part of your business transactions.
(14) Except as provided elsewhere in this section, you may not take
rainbow/steelhead trout.
(15) You may not use fish taken for subsistence use or under
subsistence regulations in this part as bait for commercial or sport
fishing purposes.
(16) [Reserved].
(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 for an area, the
harvest and possession limits for taking fish for subsistence uses with
a rod and reel are the same as for taking fish under State of Alaska
subsistence fishing regulations in those same areas. If the State does
not have a specific subsistence season and/or harvest limit for that
particular species, the limit shall be the same as for taking fish
under State of Alaska sport fishing regulations.
(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) Provisions on ADF&G subsistence fishing permits that are more
restrictive or in conflict with the provisions contained in this
section do not apply to Federal subsistence users.
(20) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other
purposes, whitefish, herring, and species for which harvest limits,
seasons, or other regulatory methods and means are not provided in this
section, as well as the head, tail, fins, and viscera of legally taken
subsistence fish.
(21) The taking of fish from waters within Federal jurisdiction is
authorized outside of published open seasons or harvest limits if the
harvested fish will be used for food in traditional or religious
ceremonies that are part of funerary or mortuary cycles, including
memorial potlatches, provided that:
(i) Prior to attempting to take fish, the person (or designee) or
Tribal Government organizing the ceremony contacts the appropriate
Federal fisheries manager to provide the nature of the ceremony, the
parties and/or clans involved, the species and the number of fish to be
taken, and the Federal waters from which the harvest will occur;
(ii) The taking does not violate recognized principles of fisheries
conservation, and uses the methods and means allowable for the
particular species published in the applicable Federal regulations (the
Federal fisheries manager will establish the number, species, or place
of taking if necessary for conservation purposes);
(iii) Each person who takes fish under this section must, as soon
as practical, and not more than 15 days after the harvest, submit a
written report to the appropriate Federal fisheries manager, specifying
the harvester's name and address, the number and species of fish taken,
and the date and locations of the taking; and
(iv) No permit is required for taking under this section; however,
the harvester must be eligible to harvest the resource under Federal
regulations.
(d) [Reserved].
(e) Fishing permits and reports. (1) You may take salmon only under
the authority of a subsistence fishing permit, unless a permit is
specifically not required in a particular area by the subsistence
regulations in this part, or unless you are retaining salmon from your
commercial catch consistent with paragraph (f) of this section.
(2) The U.S. Fish and Wildlife Service Office of Subsistence
Management may issue a permit to harvest fish for a qualifying
cultural/educational program to an organization that has been granted a
Federal subsistence permit for a similar event within the previous 5
years. A qualifying program must have instructors, enrolled students,
minimum attendance requirements, and standards for successful
completion of the course. Applications must be submitted to the Office
of Subsistence Management 60 days prior to the earliest desired date of
harvest. Permits will be issued for no more than 25 fish per culture/
education camp. Appeal of a rejected request can be made to the Federal
Subsistence Board. Application for an initial permit for a qualifying
cultural/educational program, for a permit when the circumstances have
changed significantly, when no permit has been issued within the
previous 5 years, or when there is a request for harvest in excess of
that provided in this paragraph (e)(2), will be considered by the
Federal Subsistence Board.
(3) If a subsistence fishing permit is required by this section,
the following permit conditions apply unless otherwise specified in
this section:
(i) You may not take more fish for subsistence use than the limits
set out in the permit;
(ii) You must obtain the permit prior to fishing;
(iii) You must have the permit in your possession and readily
available for inspection while fishing or transporting subsistence-
taken fish;
(iv) If specified on the permit, you must record, prior to leaving
the harvest site, daily records of the catch, showing the number of
fish taken by species, location and date of catch, and other such
information as may be required for management or conservation purposes;
and
(v) If the return of catch information necessary for management and
conservation purposes is required by a fishing permit and you fail to
comply with such reporting requirements, you are ineligible to receive
a subsistence permit for that activity during the following calendar
year, unless you demonstrate that failure to report was due to loss in
the mail, accident, sickness, or other unavoidable circumstances. You
must also return any tags or transmitters that have been attached to
fish for management and conservation purposes.
(f) Relation to commercial fishing activities. (1) If you are a
Federally-qualified subsistence user who also commercial fishes, you
may retain fish for subsistence purposes from your lawfully-taken
commercial catch.
(2) When participating in a commercial and subsistence fishery at
the same time, you may not use an

[[Page 13387]]

amount of combined fishing gear in excess of that allowed under the
appropriate commercial fishing regulations.
(g) You may not possess, transport, give, receive, or barter
subsistence-taken fish or their parts which have been taken contrary to
Federal law or regulation or State law or regulation (unless superseded
by regulations in this part).
(h) [Reserved]
(i) Fishery management area restrictions. (1) Kotzebue Area. The
Kotzebue Area includes all waters of Alaska between the latitude of the
westernmost tip of Point Hope and the latitude of the westernmost tip
of Cape Prince of Wales, including those waters draining into the
Chukchi Sea.
(i) You may take fish for subsistence purposes without a permit.
(ii) You may take salmon only by gillnets, beach seines, or a rod
and reel.
(iii) In the Kotzebue District, you may take sheefish with gillnets
that are not more than 50 fathoms in length, nor more than 12 meshes in
depth, nor have a stretched-mesh size larger than 7 inches.
(iv) You may not obstruct more than one-half the width of a stream,
creek, or slough with any gear used to take fish for subsistence uses,
except from May 15 to July 15 and August 15 to October 31 when taking
whitefish or pike in streams, creeks, or sloughs within the Kobuk River
drainage and from May 15 to October 31 in the Selawik River drainage.
Only one gillnet 100 feet or less in length with a stretched-mesh size
from 2\1/2\ to 4\1/2\ inches may be used per site. You must check your
net at least once in every 24-hour period.
(2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence
Area includes all waters of Alaska between the latitude of the
westernmost tip of Cape Prince of Wales and the latitude of Point
Romanof, including those waters of Alaska surrounding St. Lawrence
Island and those waters draining into the Bering Sea.
(i) Unless otherwise restricted in this section, you may take fish
at any time in the Port Clarence District.
(ii) In the Norton Sound District, you may take fish at any time
except as follows:
(A) In Subdistricts 2 through 6, if you are a commercial fishermen,
you may not fish for subsistence purposes during the weekly closures of
the State commercial salmon fishing season, except that from July 15
through August 1, you may take salmon for subsistence purposes 7 days
per week in the Unalakleet and Shaktoolik River drainages with gillnets
which have a stretched-mesh size that does not exceed 4\1/2\ inches,
and with beach seines;
(B) In the Unalakleet River from June 1 through July 15, you may
take salmon only from 8 a.m. Monday until 8 p.m. Saturday.
(iii) You may take salmon only by gillnets, beach seines,
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 gillnet.
(vi) You must have a subsistence fishing permit 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 Point Romanof and the latitude
of the westernmost point of the Naskonat Peninsula, including those
waters draining into the Bering Sea, and all waters of Alaska north of
the latitude of the westernmost tip of Point Hope and west of 141[deg]
West longitude, including those waters draining into the Arctic Ocean
and the Chukchi Sea.
(i) Unless otherwise restricted in this section, you may take fish
in the Yukon-Northern Area at any time. You may subsistence fish for
salmon with rod and reel in the Yukon River drainage 24 hours per day,
7 days per week, unless rod and reel are specifically otherwise
restricted in Sec. ----.27(i)(3).
(ii) For the Yukon River drainage, Federal subsistence fishing
schedules, openings, closings, and fishing methods are the same as
those issued for the subsistence taking of fish under Alaska Statutes
(AS 16.05.060), unless superseded by a Federal Special Action.
(iii) In the following locations, you may take salmon during the
open weekly fishing periods of the State commercial salmon fishing
season and may not take them for 24 hours before the opening of the
State commercial salmon fishing season:
(A) In District 4, excluding the Koyukuk River drainage;
(B) In Subdistricts 4B and 4C from June 15 through September 30,
salmon may be taken from 6 p.m. Sunday until 6 p.m. Tuesday and from 6
p.m. Wednesday until 6 p.m. Friday;
(C) In District 6, excluding the Kantishna River drainage, salmon
may be taken from 6 p.m. Friday until 6 p.m. Wednesday.
(iv) During any State commercial salmon fishing season closure of
greater than five days in duration, you may not take salmon during the
following periods in the following districts:
(A) In District 4, excluding the Koyukuk River drainage, salmon may
not be taken from 6 p.m. Friday until 6 p.m. Sunday;
(B) In District 5, excluding the Tozitna River drainage and
Subdistrict 5D, salmon may not be taken from 6 p.m. Sunday until 6 p.m.
Tuesday.
(v) Except as provided in this section, and except as may be
provided by the terms of a subsistence fishing permit, you may take
fish other than salmon at any time.
(vi) In Districts 1, 2, 3, and Subdistrict 4A, excluding the
Koyukuk and Innoko River drainages, you may not take salmon for
subsistence purposes during the 24 hours immediately before the opening
of the State commercial salmon fishing season.
(vii) In Districts 1, 2, and 3:
(A) After the opening of the State commercial salmon fishing season
through July 15, you may not take salmon for subsistence for 18 hours
immediately before, during, and for 12 hours after each State
commercial salmon fishing period;
(B) After July 15, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each State
commercial salmon fishing period.
(viii) In Subdistrict 4A after the opening of the State commercial
salmon fishing season, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each State
commercial salmon fishing period; however, you may take chinook salmon
during the State commercial fishing season, with drift gillnet gear
only, from 6 p.m. Sunday until 6 p.m. Tuesday and from 6 p.m. Wednesday
until 6 p.m. Friday.
(ix) You may not subsistence fish in the following drainages
located north of the main Yukon River:
(A) Kanuti River upstream from a point 5 miles downstream of the
State highway crossing;
(B) Bonanza Creek;
(C) Jim River including Prospect and Douglas Creeks.
(x) You may not subsistence fish in the Delta River.
(xi) In Beaver Creek downstream from the confluence of Moose Creek,
a gillnet with mesh size not to exceed 3-inches stretch-measure may be
used from June

[[Page 13388]]

15 through September 15. You may subsistence fish for all non-salmon
species but may not target salmon during this time period (retention of
salmon taken incidentally to non-salmon directed fisheries is allowed).
From the mouth of Nome Creek downstream to the confluence of Moose
Creek, only rod and reel may be used. From the mouth of Nome Creek
downstream to the confluence of O'Brien Creek, the daily harvest and
possession limit is 5 grayling; from the mouth of O'Brien Creek
downstream to the confluence of Moose Creek, the daily harvest and
possession limit is 10 grayling. The Nome Creek drainage of Beaver
Creek is closed to subsistence fishing for grayling.
(xii) You may not subsistence fish in the Toklat River drainage
from August 15 through May 15.
(xiii) You may take salmon only by gillnet, beach seine, fish
wheel, or rod and reel, subject to the restrictions set forth in this
section.
(xiv) In District 4, if you are a commercial fisherman, you may not
take salmon for subsistence purposes during the State commercial salmon
fishing season using gillnets with stretched-mesh larger than 6-inches
after a date specified by ADF&G emergency order issued between July 10
and July 31.
(xv) In Districts 4, 5, and 6, you may not take salmon for
subsistence purposes by drift gillnets, except as follows:
(A) In Subdistrict 4A upstream from the mouth of Stink Creek, you
may take chinook salmon by drift gillnets less than 150 feet in length
from June 10 through July 14, and chum salmon by drift gillnets after
August 2;
(B) In Subdistrict 4A downstream from the mouth of Stink Creek, you
may take chinook salmon by drift gillnets less than 150 feet in length
from June 10 through July 14;
(C) In the Yukon River mainstem, Subdistricts 4B and 4C with a
Federal subsistence fishing permit, you may take chinook salmon during
the last 18-hour period of the weekly regulatory opening(s) by drift
gillnets no more than 150 feet long and no more than 35 meshes deep,
from June 10 through July 14.
(xvi) Unless otherwise specified in this section, you may take fish
other than salmon and halibut by set gillnet, drift gillnet, beach
seine, fish wheel, long line, fyke net, dip net, jigging gear, spear,
lead, or rod and reel, subject to the following restrictions, which
also apply to subsistence salmon fishing:
(A) During the open weekly fishing periods of the State commercial
salmon fishing season, if you are a commercial fisherman, you may not
operate more than one type of gear at a time, for commercial, personal
use, and subsistence purposes;
(B) You may not use an aggregate length of set gillnet in excess of
150 fathoms and each drift gillnet may not exceed 50 fathoms in length;
(C) In Districts 4, 5, and 6, you may not set subsistence fishing
gear within 200 feet of other operating commercial use, personal use,
or subsistence fishing gear except that, at the site approximately 1
mile upstream from Ruby on the south bank of the Yukon River between
ADF&G regulatory markers containing the area known locally as the
``Slide,'' you may set subsistence fishing gear within 200 feet of
other operating commercial or subsistence fishing gear, and in District
4, from Old Paradise Village upstream to a point 4 miles upstream from
Anvik, there is no minimum distance requirement between fish wheels;
(D) During the State commercial salmon fishing season, within the
Yukon River and the Tanana River below the confluence of the Wood
River, you may use drift gillnets and fish wheels only during open
subsistence salmon fishing periods;
(E) In Birch Creek, gillnet mesh size may not exceed 3-inches
stretch-measure from June 15 through September 15.
(xvii) In District 4, from September 21 through May 15, you may use
jigging gear from shore ice.
(xviii) You must possess a subsistence fishing permit for the
following locations:
(A) For the Yukon River drainage from the mouth of Hess Creek to
the mouth of the Dall River;
(B) For the Yukon River drainage from the upstream mouth of 22 Mile
Slough to the U.S.-Canada border;
(C) Only for salmon in the Tanana River drainage above the mouth of
the Wood River.
(xix) Only one subsistence fishing permit will be issued to each
household per year.
(xx) In Districts 1, 2, and 3, you may not possess chinook salmon
taken for subsistence purposes unless the dorsal fin has been removed
immediately after landing.
(xxi) In the Yukon River drainage, chinook salmon must be used
primarily for human consumption and may not be targeted for dog food.
Dried chinook salmon may not be used for dogfood anywhere in the Yukon
River drainage. Whole fish unfit for human consumption (due to disease,
deterioration, deformities), scraps, and small fish (16 inches or less)
may be fed to dogs. Also, whole chinook salmon caught incidentally
during a subsistence chum salmon fishery in the following time periods
and locations may be fed to dogs:
(A) After July 10 in the Koyukuk River drainage;
(B) After August 10, in Subdistrict 5D, upstream of Circle City.
(4) Kuskokwim Area. The Kuskokwim Area consists of all waters of
Alaska between the latitude of the westernmost point of Naskonat
Peninsula and the latitude of the southernmost tip of Cape Newenham,
including the waters of Alaska surrounding Nunivak and St. Matthew
Islands and those waters draining into the Bering Sea.
(i) Unless otherwise restricted in this section, you may take fish
in the Kuskokwim Area at any time without a subsistence fishing permit.
(ii) For the Kuskokwim area, Federal subsistence fishing schedules,
openings, closings, and fishing methods are the same as those issued
for the subsistence taking of fish under Alaska Statutes (AS
16.05.060), unless superseded by a Federal Special Action.
(iii) In District 1 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 or during, and for 6 hours after each
State open commercial salmon fishing period for District 1.
(iv) In District 1, Kuskokuak Slough, from June 1 through July 31
only, you may not take salmon for 16 hours before and during each State
open commercial salmon fishing period in the district.
(v) In Districts 4 and 5, from June 1 through September 8, you may
not take salmon for 16 hours before or during, and for 6 hours after
each State open commercial salmon fishing period in each district.
(vi) In District 2, and anywhere in tributaries that flow into the
Kuskokwim River within that district, from June 1 through September 8
you may not take salmon by net gear or fishwheel for 16 hours before or
during, and for 6 hours after each open commercial salmon fishing
period in the district. You may subsistence fish for salmon with rod
and reel 24 hours per day, 7 days per week, unless rod and reel are
specifically restricted by this paragraph (i)(4) of this section.
(vii) You may not take subsistence fish by nets in the Goodnews
River east of a line between ADF&G regulatory markers placed near the
mouth of the Ufigag River and an ADF&G regulatory marker placed near
the mouth of the Tunulik River 16 hours before or during,

[[Page 13389]]

and for 6 hours after each State open commercial salmon fishing period.
(viii) You may not take subsistence fish by nets in the Kanektok
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before or during, and for 6 hours after each State open
commercial salmon fishing period.
(ix) You may not take subsistence fish by nets in the Arolik River
upstream of ADF&G regulatory markers placed near the mouth 16 hours
before or during, and for 6 hours after each State open commercial
salmon fishing period.
(x) You may only take salmon by gillnet, beach seine, fish wheel,
or rod and reel subject to the restrictions set out in this section,
except that you may also take salmon by spear in the Holitna, Kanektok,
and Arolik River drainages, and in the drainage of Goodnews Bay.
(xi) You may not use an aggregate length of set gillnets or drift
gillnets in excess of 50 fathoms for taking salmon.
(xii) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net,
jigging gear, spear, lead, handline, or rod and reel.
(xiii) 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.
(xiv) 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.
(xv) The maximum depth of gillnets is as follows:
(A) Gillnets with 6-inch or smaller stretched-mesh may not be more
than 45 meshes in depth;
(B) Gillnets with greater than 6-inch stretched-mesh may not be
more than 35 meshes in depth.
(xvi) You may take halibut only by a single handheld line with no
more than two hooks attached to it.
(xvii) 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.
(xviii) You may take rainbow trout only in accordance with the
following restrictions:
(A) You may take rainbow trout only by the use of gillnets, dip
nets, fyke nets, handline, spear, rod and reel, or jigging through the
ice;
(B) You may not use gillnets, dip nets, or fyke nets for targeting
rainbow trout from March 15 through June 15;
(C) If you take rainbow trout incidentally in other subsistence net
fisheries and through the ice, you may retain them for subsistence
purposes;
(D) There are no harvest limits with handline, spear, rod and reel,
or jigging.
(5) Bristol Bay Area. The Bristol Bay Area includes all waters of
Bristol Bay, including drainages enclosed by a line from Cape Newenham
to Cape Menshikof.
(i) Unless restricted in this section, or unless under the terms of
a subsistence fishing permit, you may take fish at any time in the
Bristol Bay area.
(ii) In all State commercial salmon districts, from May 1 through
May 31 and October 1 through October 31, you may subsistence fish for
salmon only from 9 a.m. Monday until 9 a.m. Friday. From June 1 through
September 30, within the waters of a commercial salmon district, you
may take salmon only during State open commercial salmon fishing
periods.
(iii) In the Egegik River from 9 a.m. June 23 through 9 a.m. July
17, you may take salmon only during the following times: from 9 a.m.
Tuesday to 9 a.m. Wednesday and from 9 a.m. Saturday to 9 a.m. Sunday.
(iv) You may not take fish from waters within 300 feet of a stream
mouth used by salmon.
(v) You may not subsistence fish with nets in the Tazimina River
and within one-fourth mile of the terminus of those waters during the
period from September 1 through June 14.
(vi) Within any district, you may take salmon, herring, and capelin
by drift and set gillnets only.
(vii) Outside the boundaries of any district, you may take salmon
by set gillnet only, except that you may also take salmon by spear in
the Togiak River, excluding its tributaries.
(viii) The maximum lengths for set gillnets used to take salmon are
as follows:
(A) You may not use set gillnets exceeding 10 fathoms in length in
the Egegik River;
(B) In the remaining waters of the area, you may not use set
gillnets exceeding 25 fathoms in length.
(ix) You may not operate any part of a set gillnet within 300 feet
of any part of another set gillnet.
(x) You must stake and buoy each set gillnet. Instead of having the
identifying information on a keg or buoy attached to the gillnet, you
may plainly and legibly inscribe your first initial, last name, and
subsistence permit number on a sign at or near the set gillnet.
(xi) You may not operate or assist in operating subsistence salmon
net gear while simultaneously operating or assisting in operating
commercial salmon net gear.
(xii) During State closed commercial herring fishing periods, you
may not use gillnets exceeding 25 fathoms in length for the subsistence
taking of herring or capelin.
(xiii) You may take fish other than salmon, herring, capelin, and
halibut by gear listed in this part unless restricted under the terms
of a subsistence fishing permit.
(xiv) You may take salmon only under authority of a subsistence
fishing permit.
(xv) Only one subsistence fishing permit for salmon 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.
(xvii) You may take rainbow trout only by rod and reel or jigging
gear. Rainbow trout daily harvest and possession limits are 2 per day/2
in possession with no size limit from April 10 through October 31 and 5
per day/5 in possession with no size limit from November 1 through
April 9.
(xviii) If you take rainbow trout incidentally in other subsistence
net fisheries, or through the ice, you may retain them for subsistence
purposes.
(6) Aleutian Islands Area. The Aleutian Islands Area includes all
waters of Alaska west of the longitude of the tip of Cape Sarichef,
east of 172[deg] East longitude, and south of 54[deg]36' North
latitude.
(i) You may take fish other than salmon, rainbow/steelhead trout,
or char at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(ii) In the Unalaska District, you may take salmon for subsistence
purposes from 6 a.m. until 9 p.m. from January 1 through December 31,
except as may be specified on a subsistence fishing permit.
(iii) In the Adak, Akutan, Atka-Amlia, and Umnak Districts, you may
take salmon at any time.
(iv) You may not subsistence fish for salmon in the following
waters:
(A) The waters of Unalaska Lake, its tributaries and outlet stream;
(B) The waters of Summers and Morris Lakes and their tributaries
and outlet streams;

[[Page 13390]]

(C) All streams supporting anadromous fish runs that flow into
Unalaska Bay south of a line from the northern tip of Cape Cheerful to
the northern tip of Kalekta Point;
(D) Waters of McLees Lake and its tributaries and outlet stream;
(E) All 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 harvest limit for halibut is two fish, and the
possession limit is two daily harvest 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
waters of Alaska on the north side of the Alaska peninsula southwest of
a line from Cape Menshikof (57[deg]28.34' North latitude,
157[deg]55.84' West longitude) to Cape Newenham (58[deg]39.00' North
latitude, 162[deg] West longitude) and east of the longitude of Cape
Sarichef Light (164[deg]55.70' West longitude) and on the south side of
the Alaska Peninsula from a line extending from Scotch Cape through the
easternmost tip of Ugamak Island to a line extending 135[deg] southeast
from Kupreanof Point (55[deg]33.98' North latitude, 159[deg]35.88' West
longitude).
(i) You may take fish, other than salmon, rainbow/steelhead trout,
or char, at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries or through the ice, you may retain them
for subsistence purposes.
(ii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit.
(iii) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(iv) You may take salmon at any time except within 24 hours before
and within 12 hours following each State 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 harvest limit for halibut is two fish and the
possession limit is two daily harvest 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 bounded by a line extending
135[deg] southeast for 3 miles from a point near Kilokak Rocks at
57[deg]10.34' North latitude, 156[deg]20.22' West longitude (the
longitude of the southern entrance to Imuya Bay) then due south, and a
line extending 135[deg]southeast from Kupreanof Point at 55[deg]33.98'
North latitude, 159[deg]35.88' West longitude.
(i) You may take fish other than salmon, rainbow/steelhead trout,
or char at any time, except as may be specified by a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(ii) You may not take salmon in the Chignik River, 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 State
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 harvest limit for halibut is two fish, and the
possession limit is two daily harvest 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' North
latitude), west of 150[deg] West longitude, north of 55[deg]30.00'
North latitude, and north and east of a line extending 135[deg]
southeast for three miles from a point near Kilokak Rocks at
57[deg]10.34' North latitude, 156[deg]20.22' West longitude (the
longitude of the southern entrance of Imuya Bay), then due south.
(i) You may take fish other than salmon, rainbow/steelhead trout,
char, bottomfish, or herring at any time unless restricted by the terms
of a subsistence fishing permit. If you take rainbow/steelhead trout
incidentally in other subsistence net fisheries, you may retain them
for subsistence purposes.
(ii) You may take salmon for subsistence purposes 24 hours a day
from January 1 through December 31, with the following exceptions:
(A) From June 1 through September 15, you may not use salmon seine
vessels to take subsistence salmon for 24 hours before or during, and
for 24 hours

[[Page 13391]]

after any State open commercial salmon fishing period. The use of
skiffs from any type of vessel is allowed;
(B) From June 1 through September 15, you may use purse seine
vessels to take salmon only with gillnets, and you may have no other
type of salmon gear on board the vessel.
(iii) You may not subsistence fish for salmon in the following
locations:
(A) Womens Bay closed waters--all waters inside a line from the tip
of the Nyman Peninsula (57[deg]43.23' North latitude, 152[deg]31.51'
West longitude), to the northeastern tip of Mary's Island
(57[deg]42.40' North latitude, 152[deg]32.00' West longitude), to the
southeastern shore of Womens Bay at 57[deg]41.95' North latitude,
152[deg]31.50' West longitude;
(B) Buskin River closed waters--all waters inside of a line running
from a marker on the bluff north of the mouth of the Buskin River at
approximately 57[deg]45.80' North latitude, 152[deg]28.38' West
longitude, to a point offshore at 57[deg]45.35' North latitude,
152[deg]28.15' West longitude, to a marker located onshore south of the
river mouth at approximately 57[deg]45.15' North latitude,
152[deg]28.65' West longitude;
(C) All waters closed to commercial salmon fishing within 100 yards
of the terminus of Selief Bay Creek;
(D) In Afognak Bay north and west of a line from the tip of Last
Point to the tip of River Mouth Point;
(E) From August 15 through September 30, all waters 500 yards
seaward of the terminus of Little Kitoi Creek;
(F) All 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 State 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 handheld line with not
more than two hooks attached to it.
(xi) The daily harvest limit for halibut is two fish, and the
possession limit is two daily harvest 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'' North latitude) and a line extending south from Cape
Fairfield (148[deg]50'15'' West longitude).
(i) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any
time in the Cook Inlet Area. If you take rainbow/steelhead trout
incidentally in other subsistence net fisheries, you may retain them
for subsistence purposes.
(ii) You may not take grayling or 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 salmon, Dolly Varden, trout, and char under
authority of a Federal subsistence fishing permit. Seasons, harvest and
possession limits, and methods and means for take are the same as for
the taking of those species under Alaska sport fishing regulations (5
AAC 56).
(v) You may only take smelt with dip nets in fresh water from April
1 through June 15. There are no harvest or possession limits for smelt.
(vi) Gillnets may not be used in freshwater, except for the taking
of whitefish in the Tyone River drainage.
(11) Prince William Sound Area. The Prince William Sound Area
includes all waters and drainages of Alaska between the longitude of
Cape Fairfield and the longitude of Cape Suckling.
(i) You may take fish, other than rainbow/steelhead trout, in the
Prince William Sound Area only under authority of a subsistence fishing
permit, except that a permit is not required to take eulachon.
(ii) You may take fish by gear listed in paragraph (c)(1) of this
part unless restricted in this section or under the terms of a
subsistence fishing permit.
(iii) If you catch rainbow/steelhead trout incidentally in other
subsistence net fisheries, you may retain them for subsistence
purposes, unless restricted in this section.
(iv) In the Copper River drainage, you may take salmon only in the
waters of the Upper Copper River District, or in the vicinity of the
Native Village of Batzulnetas. You may accumulate harvest limits of
salmon authorized for the Copper River drainage upstream from Haley
Creek with harvest limits for salmon authorized under State of Alaska
sport fishing regulations.
(v) In the Upper Copper River District, you may take salmon only by
fish wheels, rod and reel, or dip nets.
(vi) Rainbow/steelhead trout and other freshwater fish caught
incidentally to salmon by fish wheel in the Upper Copper River District
may be retained.
(vii) Freshwater fish other than rainbow/steelhead trout caught
incidentally to salmon by dip net in the Upper Copper River District
may be retained. Rainbow/steelhead trout caught incidentally to salmon
by dip net in the Upper Copper River District must be released unharmed
to the water.
(viii) You may not possess salmon taken under the authority of an
Upper Copper River District subsistence fishing permit, or rainbow/
steelhead trout caught incidentally to salmon by fishwheel, unless the
anal (ventral) fin has been immediately removed from the fish. You must
immediately record all retained fish on the subsistence permit.
Immediately means prior to concealing the fish from plain view or
transporting the fish more than 50 feet from where the fish was removed
from the water.
(ix) You may take salmon in the Upper Copper River District from
May 15 through September 30 only.
(x) The total annual harvest limit for subsistence salmon fishing
permits in combination for the Glennallen Subdistrict and the Chitina
Subdistrict is as follows:
(A) For a household with 1 person, 30 salmon, of which no more than
5 may be chinook salmon taken by dip net and no more than 5 chinook
taken by rod and reel;
(B) For a household with 2 persons, 60 salmon, of which no more
than 5 may be chinook salmon taken by dip net and no more than 5
chinook taken by rod and reel, plus 10 salmon for each additional
person in a household over 2 persons, except that the household's limit
for chinook salmon taken by dip net or rod and reel does not increase;
(C) Upon request, permits for additional salmon will be issued for
no more than a total of 200 salmon for a permit issued to a household
with 1 person, of which no more than 5 may be chinook salmon taken by
dip net and no more than 5 chinook taken by rod and reel, or no more
than a total of 500 salmon for a permit issued to a

[[Page 13392]]

household with 2 or more persons, of which no more than 5 may be
chinook salmon taken by dip net and no more than 5 chinook taken by rod
and reel.
(xi) The following apply to Upper Copper River District subsistence
salmon fishing permits:
(A) Only one subsistence fishing permit per subdistrict will be
issued to each household per year. If a household has been issued
permits for both subdistricts in the same year, both permits must be in
your possession and readily available for inspection while fishing or
transporting subsistence-taken fish in either subdistrict. A qualified
household may also be issued a Batzulnetas salmon fishery permit in the
same year;
(B) Multiple types of gear may be specified on a permit, although
only one unit of gear may be operated at any one time;
(C) You must return your permit no later than October 31 of the
year in which the permit is issued, or you may be denied a permit for
the following year;
(D) A fish wheel may be operated only by one permit holder at one
time; that permit holder must have the fish wheel marked as required by
Section ----.27(i)(11) and during fishing operations;
(E) Only the permit holder and the authorized member of the
household listed on the subsistence permit may take salmon;
(F) You must personally operate your fish wheel or dip net;
(G) You may not loan or transfer a subsistence fish wheel or dip
net permit except as permitted.
(xii) If you are a fishwheel owner:
(A) You must register your fish wheel with ADF&G or the Federal
Subsistence Board;
(B) Your registration number and a wood, metal, or plastic plate at
least 12 inches high by 12 inches wide bearing either your name and
address, or your Alaska driver's license number, or your Alaska State
identification card number in letters and numerals at least 1 inch
high, must be permanently affixed and plainly visible on the fish wheel
when the fish wheel is in the water;
(C) Only the current year's registration number may be affixed to
the fish wheel; you must remove any other registration number from the
fish wheel;
(D) You are responsible for the fish wheel; you must remove the
fish wheel from the water at the end of the permit period;
(E) You may not rent, lease, or otherwise use your fish wheel used
for subsistence fishing for personal gain.
(xiii) If you are operating a fishwheel:
(A) You may operate only one fish wheel at any one time;
(B) You may not set or operate a fish wheel within 75 feet of
another fish wheel;
(C) No fish wheel may have more than two baskets;
(D) If you are a permittee other than the owner, you must attach an
additional wood, metal, or plastic plate at least 12 inches high by 12
inches wide, bearing your name and address in letters and numerals at
least 1 inch high, to the fish wheel so that the name and address are
plainly visible.
(xiv) A subsistence fishing permit may be issued to a village
council, or other similarly qualified organization whose members
operate fish wheels for subsistence purposes in the Upper Copper River
District, to operate fish wheels on behalf of members of its village or
organization. The following additional provisions apply to subsistence
fishing permits issued under this paragraph (i)(11)(xiv):
(A) The permit will list all households and household members for
whom the fish wheel is being operated. The permit will identify a
person who will be responsible for each fish wheel in a similar manner
to a fish wheel owner as described in paragraph (i)(11)(xii) of this
section;
(B) The allowable harvest may not exceed the combined seasonal
limits for the households listed on the permit; the permittee will
notify the ADF&G or Federal Subsistence Board when households are added
to the list, and the seasonal limit may be adjusted accordingly;
(C) Members of households listed on a permit issued to a village
council or other similarly qualified organization are not eligible for
a separate household subsistence fishing permit for the Upper Copper
River District;
(D) The permit will include provisions for recording daily catches
for each fish wheel; location and number of fish wheels; full legal
name of the individual responsible for the lawful operation of each
fish wheel as described in paragraph (i)(11)(xii) of this section; and
other information determined to be necessary for effective resource
management.
(xv) You may take salmon in the vicinity of the former Native
village of Batzulnetas only under the authority of a Batzulnetas
subsistence salmon fishing permit available from the National Park
Service under the following conditions:
(A) You may take salmon only in those waters of the Copper River
between National Park Service regulatory markers located near the mouth
of Tanada Creek and approximately one-half mile downstream from that
mouth and in Tanada Creek between National Park Service regulatory
markers identifying the open waters of the creek;
(B) You may use only fish wheels, dip nets, and rod and reel on the
Copper River and only dip nets, spears, 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.
(xvi) You may take pink salmon for subsistence purposes from
freshwater with a dip net from May 15 until September 30, 7 days per
week, with no harvest or possession limits in the following areas:
(A) Green Island, Knight Island, Chenega Island, Bainbridge Island,
Evans Island, Elrington Island, Latouche Island, and adjacent islands,
and the mainland waters from the outer point of Granite Bay located in
Knight Island Passage to Cape Fairfield;
(B) Waters north of a line from Porcupine Point to Granite Point,
and south of a line from Point Lowe to Tongue Point.
(12) Yakutat Area. The Yakutat Area includes all waters and
drainages of Alaska between the longitude of Cape Suckling and the
longitude of Cape Fairweather.
(i) Unless restricted in this section or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any
time in the Yakutat Area.
(ii) You may not take salmon during the period commencing 48 hours
before a State opening of commercial salmon net fishing season and
ending 48 hours after the closure. This applies to each river or bay
fishery individually.
(iii) When the length of the weekly State commercial salmon net
fishing period exceeds two days in any Yakutat Area salmon net fishery,
the subsistence fishing period is from 6 a.m. to 6 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 take
steelhead trout only in the Situk and Ahrnklin Rivers and only under
authority of a Federal subsistence fishing permit.
(v) If you take salmon, trout, or char incidentally by gear
operated under the terms of a subsistence permit for

[[Page 13393]]

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 gillnet 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) You must possess a subsistence fishing permit to take Dolly
Varden. The daily harvest and possession limit is 10 Dolly Varden of
any size.
(13) Southeastern Alaska Area. The Southeastern Alaska Area
includes all waters between a line projecting southwest from the
westernmost tip of Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or under the terms of a
subsistence fishing permit, you may take fish other than salmon, trout,
grayling, and char in the Southeastern Alaska Area at any time.
(ii) You must possess a subsistence fishing permit to take salmon,
trout, grayling, or char. You must possess a subsistence fishing permit
to take eulachon from any freshwater stream flowing into fishing
Sections 1C or 1D.
(iii) In the Southeastern Alaska Area, a rainbow trout is defined
as a fish of the species Oncorhyncus mykiss less than 22 inches in
overall length. A steelhead is defined as a rainbow trout with an
overall length of 22 inches or larger.
(iv) Unless otherwise specified in this Sec. ----.27(i)(13),
allowable gear for salmon or steelhead is restricted to gaffs, spears,
gillnets, seines, dip nets, cast nets, handlines, or rod and reel.
(v) Unless otherwise specified in this Sec. ----.27(i)(13), you
may use a handline for snagging salmon or steelhead.
(vi) You may fish with a rod and reel within 300 feet of a fish
ladder unless the site is otherwise posted by the USDA Forest Service.
You may not fish from, on, or in a fish ladder.
(vii) You may accumulate annual Federal subsistence harvest limits
authorized for the Southeastern Alaska Area with harvest limits
authorized under State of Alaska sport fishing regulations.
(viii) If you take salmon, trout, or char incidentally with gear
operated under terms of a subsistence permit for other salmon, they may
be kept for subsistence purposes. You must report any salmon, trout, or
char taken in this manner on your subsistence fishing permit.
(ix) No permits for the use of nets will be issued for the salmon
streams flowing across or adjacent to the road systems within the city
limits of Petersburg, Wrangell, and Sitka.
(x) You shall immediately remove the pelvic fins of all salmon when
taken.
(xi) You may not possess subsistence-taken and sport-taken salmon
on the same day.
(xii) If a harvest limit is not otherwise listed for sockeye in
this Sec. ----.27(i)(13), the harvest limit for sockeye salmon is the
same as provided for State subsistence or personal use fisheries. If a
harvest limit is not established for the State subsistence or personal
use fisheries, the possession limit is 10 sockeye and the annual
harvest limit is 20 sockeye per household for that stream.
(xiii) For the Salmon Bay Lake system, the daily harvest and season
limit per household is 30 sockeye salmon.
(xiv) 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.
(xv) For Thoms Creek, the daily harvest limit per household is 20
sockeye salmon, and the season limit per household is 40 sockeye
salmon.
(xvi) The Sarkar River system above the bridge is closed to the use
of all nets by both Federally-qualified and non-Federally qualified
users.
(xvii) Only Federally-qualified subsistence users may harvest
sockeye salmon in streams draining into Falls Lake Bay, Gut Bay, or
Pillar Bay. In the Falls Lake Bay and Gut Bay drainages, the possession
limit is 10 sockeye salmon per household. In the Pillar Bay drainage,
the individual possession limit is 15 sockeye salmon with a household
possession limit of 25 sockeye salmon.
(xviii) From July 7 through July 31, you may take sockeye salmon in
the waters of the Klawock River and Klawock Lake only from 8 a.m.
Monday until 5 p.m. Friday.
(xix) You may take chinook, sockeye, and coho salmon in the
mainstem of the Stikine River only under the authority of a Federal
subsistence fishing permit. Each Stikine River permit will be issued to
a household and will be valid for 15 days. Permits may be revalidated
for additional 15-day periods. Only dipnets, spears, gaffs, rod and
reel, beach seine, or gillnet not exceeding 15 fathoms in length with
mesh size no larger than 5\1/2\ inches may be used.
(A) You may take chinook salmon from May 15 through June 20. The
annual limit is 5 chinook salmon per household.
(B) You may take sockeye salmon from July 1 through July 31. The
annual limit is 40 sockeye salmon per household.
(C) You may take coho salmon from August 15 through October 1. The
annual limit is 20 coho salmon per household.
(D) You may retain other salmon taken incidentally by gear operated
under terms of this permit. The incidentally taken salmon must be
reported on your permit calendar.
(E) The total annual guideline harvest level for the Stikine River
fishery is 125 chinook, 600 sockeye, and 400 coho salmon. All salmon
harvested, including incidentally taken salmon, will count against the
guideline for that species.
(xx) You may take coho salmon under the terms of a subsistence
fishing permit, except in the Stikine and Taku Rivers. There is no
closed season. The daily harvest limit is 20 coho salmon per household.
Only dipnets, spears, gaffs, handlines, and rod and reel may be used.
Bait may only be used from September 15 through November 15.
(xxi) Unless noted on a Federal subsistence harvest permit, there
are no harvest limits for pink or chum salmon.
(xxii) Unless otherwise specified in this Sec. ----.27(i)(13), you
may take steelhead under the terms of a subsistence fishing permit. The
open season is January 1 through May 31. The daily household harvest
and possession limit is one with an annual household limit of two. You
may only use a dip net, gaff, handline, spear, or rod and reel with
artificial lure or fly. You may not use bait. The permit conditions and
systems to receive special protection will be determined by the local
Federal fisheries manager in consultation with ADF&G.
(xxiii) You may take steelhead trout on Prince of Wales and
Kosciusko Islands under the terms of Federal subsistence fishing
permits. You must obtain a separate permit for the winter and spring
seasons.
(A) The winter season is December 1 through the last day of
February, with a harvest limit of 2 fish per household. You may use
only a dip net, handline, spear, or rod and reel with artificial lure
or fly. You may not use bait. The winter season may be closed when the
harvest level cap of 100 steelhead for Prince of Wales/Kosciusko
Islands has been

[[Page 13394]]

reached. You must return your winter season permit within 15 days of
the close of the season and before receiving another permit for a
Prince of Wales/Kosciusko steelhead subsistence fishery. The permit
conditions and systems to receive special protection will be determined
by the local Federal fisheries manager in consultation with ADF&G.
(B) The spring season is March 1 through May 31, with a harvest
limit of 5 fish per household. You may use only a dip net, handline,
spear, or rod and reel with artificial lure or fly. You may not use
bait. The spring season may be closed prior to May 31 if the harvest
quota of 600 fish minus the number of steelhead harvested in the winter
subsistence steelhead fishery is reached. You must return your spring
season permit within 15 days of the close of the season and before
receiving another permit for a Prince of Wales/Kosciusko steelhead
subsistence fishery. The permit conditions and systems to receive
special protection will be determined by the local Federal fisheries
manager in consultation with ADF&G.
(xxiv) In addition to the requirement for a Federal subsistence
fishing permit, the following restrictions for the harvest of Dolly
Varden, brook trout, grayling, cutthroat, and rainbow trout apply:
(A) The daily household harvest and possession limit is 20 Dolly
Varden; there is no closed season or size limit;
(B) The daily household harvest and possession limit is 20 brook
trout; there is no closed season or size limit;
(C) The daily household harvest and possession limit is 20
grayling; there is no closed season or size limit;
(D) The daily household harvest limit is 6 and the household
possession limit is 12 cutthroat or rainbow trout in combination; there
is no closed season or size limit;
(E) You may only use a rod and reel with artificial fly or lure
unless the use of bait is specifically permited in 5 AAC 47;
(F) The permit conditions and systems to receive special protection
will be determined by the local Federal fisheries manager in
consultation with ADF&G.

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) [Reserved].
(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 must plainly and legibly inscribe your first initial, last
name, and address on a keg or buoy attached to unattended subsistence
fishing gear, except when fishing through the ice, when you may
substitute for the keg or buoy a stake inscribed with your first
initial, last name, and address inserted in the ice near the hole;
subsistence fishing gear may not display a permanent ADF&G vessel
license number;
(ii) Kegs or buoys attached to subsistence crab pots also must be
inscribed with the name or United States Coast Guard number of the
vessel used to operate the pots.
(6) Pots used for subsistence fishing must comply with the escape
mechanism requirements found in Sec. ----.27(c)(2).
(7) You may not mutilate or otherwise disfigure a crab in any
manner which would prevent determination of the minimum size
restrictions until the crab has been processed or prepared for
consumption.
(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 must keep accurate daily
records of the catch involved, showing the number of shellfish taken by
species, location and date of the catch, and such other information as
may be required for management or conservation purposes;
(6) You must complete and submit subsistence fishing reports at the
time specified for each particular area and fishery;

[[Page 13395]]

(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
and ending 14 days after the closure of a respective open season in the
area or areas for which the vessel is registered. However, if you are a
commercial fisherman, you may retain shellfish for your own use from
your lawfully taken commercial catch.
(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 section, unless:
(i) The shellfish has been taken with gear deployed and retrieved
by the client or guest who is a Federally-qualified subsistence user;
(ii) The gear has been marked with the client's or guest's name and
address; and
(iii) The shellfish is to be consumed by the client or guest or is
consumed in the presence of the client or guest.
(2) The captain and crewmembers of a charter vessel may not deploy,
set, or retrieve their own gear in a subsistence shellfish fishery when
that vessel is being chartered.
(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. (i) You may take shellfish for subsistence
purposes only as allowed in this section (k)(3).
(ii) You may not take king crab, Dungeness crab, or shrimp for
subsistence purposes.
(iii) In the subsistence taking of Tanner crab:
(A) Male Tanner crab may be taken only from July 15 through March
15;
(B) The daily harvest and possession limit is 5 male Tanner crabs;
(C) Only male Tanner crabs 5\1/2\ inches or greater in width of
shell may be taken or possessed;
(D) No more than 2 pots per person, regardless of type, with a
maximum of 2 pots per vessel, regardless of type, may be used to take
Tanner crab.
(iv) In the subsistence taking of clams:
(A) The daily harvest and possession limit for littleneck clams is
1,000 and the minimum size is 1.5 inches in length;
(B) The daily harvest and possession limit for butter clams is 700
and the minimum size is 2.5 inches in length.
(v) Other than as specified in this section, there are no harvest,
possession, or size limits for other shellfish, and the season is open
all year.
(4) Kodiak Area. (i) You may take crab for subsistence purposes
only under the authority of a subsistence crab fishing permit issued by
the ADF&G.
(ii) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
before subsistence shrimp fishing during a State closed commercial
shrimp fishing season or within a closed commercial shrimp fishing
district, section, or subsection. The permit must specify the area and
the date the vessel operator intends to fish. No more than 500 pounds
(227 kg) of shrimp may be in possession aboard the vessel.
(iii) The daily harvest and possession limit is 12 male Dungeness
crabs per person; only male Dungeness crabs with a shell width of 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 State opening of a commercial king or
Tanner crab fishing season in the location.
(iv) In the subsistence taking of king crab:
(A) The annual limit is six crabs per household; only male king
crab with shell width of 7 inches or greater may be taken or possessed;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a 2-week period must have all bait and
bait containers removed and all doors secured fully open;
(C) You may only use one crab pot, which may be of any size, to
take king crab;
(D) You may take king crab only from June 1 through January 31,
except that the subsistence taking of king crab is prohibited in waters
25 fathoms or greater in depth during the period 14 days before and 14
days after State open commercial fishing seasons for red king crab,
blue king crab, or Tanner crab in the location;
(E) The waters of the Pacific Ocean enclosed by the boundaries of
Womens Bay, Gibson Cove, and an area defined by a line \1/2\ mile on
either side of the mouth of the Karluk River, and extending seaward
3,000 feet, and all waters within 1,500 feet seaward of the shoreline
of Afognak Island are closed to the harvest of king crab except by
Federally-qualified subsistence users.
(v) In the subsistence taking of Tanner crab:
(A) You may not use more than five crab pots to take Tanner crab;
(B) You may not take Tanner crab in waters 25 fathoms or greater in
depth during the 14 days immediately before the opening of a State
commercial king or Tanner crab fishing season in the location;
(C) The daily harvest and possession limit per person is 12 male
crabs with a shell width 5\1/2\ inches or greater.
(5) Alaska Peninsula-Aleutian Islands Area. (i) The operator of a
commercially licensed and registered shrimp fishing vessel must obtain
a subsistence fishing permit from the ADF&G prior to subsistence shrimp
fishing during a closed State commercial shrimp fishing season or
within a closed commercial shrimp fishing district, section, or
subsection; the permit must specify the area and the date the vessel
operator intends to fish; no more than 500 pounds (227 kg) of shrimp
may be in possession aboard the vessel.
(ii) The daily harvest and possession limit is 12 male Dungeness
crabs per person; only crabs with a shell width of 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 must have all bait and
bait containers removed and all doors secured fully open;
(C) You may take crabs only from June 1 through January 31.
(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.

[[Page 13396]]

(6) Bering Sea Area. (i) In that portion of the area north of the
latitude of Cape Newenham, shellfish may only be taken by shovel,
jigging gear, pots, and ring net.
(ii) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
prior to subsistence shrimp fishing during a closed commercial shrimp
fishing season or within a closed commercial shrimp fishing district,
section, or subsection; the permit must specify the area and the date
the vessel operator intends to fish; no more than 500 pounds (227 kg)
of shrimp may be in possession aboard the vessel.
(iii) In waters south of 60[deg] North latitude, the daily harvest
and possession limit is 12 male Dungeness crabs per person.
(iv) In the subsistence taking of king crab:
(A) In waters south of 60[deg] North latitude, the daily harvest
and possession limit is six male crabs per person;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a 2-week period must have all bait and
bait containers removed and all doors secured fully open;
(C) In waters south of 60[deg] North latitude, you may take crab
only from June 1 through January 31;
(D) In the Norton Sound Section of the Northern District, you must
have a subsistence permit.
(v) In waters south of 60[deg]North latitude, the daily harvest and
possession limit is 12 male Tanner crabs.

Dated: January 19, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.

Dated: January 25, 2005.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 05-5469 Filed 3-18-05; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P