[Federal Register Volume 73, Number 51 (Friday, March 14, 2008)]
[Rules and Regulations]
[Pages 13761-13780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5130]
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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
[FWS-R7-SM-2008-0021; 70101-1335-0064L6]
RIN 1018-AU71
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--2008-09 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 2008-09 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 D--2007-08 Subsistence Taking of Fish
and Wildlife Regulations,'' which expire on March 31, 2008.
DATES: This rule is effective April 1, 2008, through March 31, 2009.
ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 3601 C Street, Suite 1030,
Anchorage, AK 99503, or on the Office of Subsistence Management Web
site (http://alaska.fws.gov/asm/home.html).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Steve Kessler, Subsistence
Program Leader, USDA, Forest Service, Alaska Region, (907) 786-3592.
SUPPLEMENTARY INFORMATION:
Background
In Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that ``the situation
in Alaska is unique in that, in most cases, no practical alternative
means are available to replace the food supplies and other items
gathered from fish and wildlife which supply rural residents dependent
on subsistence uses * * *'' and that ``continuation of the opportunity
for subsistence uses of resources on public and other lands in Alaska
is threatened * * *.'' As a result, Title VIII requires, among other
things, 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
Federal public lands and waters in Alaska, unless the State of Alaska
enacts and implements laws of general applicability that are consistent
with ANILCA and that provide for the subsistence definition,
preference, and participation specified in Sections 803, 804, and 805
of ANILCA.
The State implemented a program that the Department of the Interior
previously found to be consistent with ANILCA. However, in December
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska
that the rural preference in the State subsistence statute violated the
Alaska Constitution. The Court's ruling in McDowell required the State
to delete the rural preference from its 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, on July 1, 1990, the
Department of the Interior and the Department of Agriculture
(Departments) assumed responsibility for implementation of Title VIII
of ANILCA on public lands and waters. In anticipation of carrying out
this responsibility, the Departments published temporary subsistence
management regulations for public lands in Alaska in the Federal
Register on June 29, 1990 (55 FR 27114). Because the State was unable
to create a program in compliance with Title VIII, the Departments
published final subsistence management regulations in the Federal
Register in 1992 (57 FR 22940, May 29, 1992).
As a result of this joint process between Interior and Agriculture,
these regulations can be found in two titles of the Code of Federal
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,''
and title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR
100.1-28, respectively. The regulations contain subparts as follows:
Subpart A, General Provisions; subpart B, Program Structure; subpart C,
Board Determinations; and subpart D, Subsistence Taking of Fish and
Wildlife.
Consistent with subparts A, B, and C of these regulations, as
revised May 7,
[[Page 13762]]
2007 (72 FR 25688), 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, U.S. Forest Service.
Through the Board, these agencies participate in the development of
regulations for subparts A, B, and C, which set forth and guide the
program, and the subpart D regulations, which are revised annually.
Federal Subsistence Regional Advisory Councils
The Federal subsistence management regulations divide Alaska into
10 subsistence resource regions, each of which is represented by a
Federal Subsistence Regional Advisory Council (Regional Council) (36
CFR 242.11 and 50 CFR 100.11). The Regional Councils provide a forum
for rural residents, who have personal knowledge of local conditions
and resource requirements, to have a meaningful role in the subsistence
management of fish and wildlife on Alaska public lands and waters. The
Regional Council members represent varied geographical, cultural, and
user diversity within each region.
Because the subpart D regulations, which establish seasons and
harvest limits and methods and means, are subject to an annual cycle,
they require development of an entire new rule each year. Customary and
traditional use determinations (subpart C) are subject to an annual
review process providing for modification each year. Section .24
(customary and traditional use determinations) was originally published
in the Federal Register on May 29, 1992 (57 FR 22940). The regulations
at 36 CFR 242.4 and 50 CFR 100.4 define ``customary and traditional
use'' as ``a long-established, consistent pattern of use, incorporating
beliefs and customs which have been transmitted from generation to
generation * * *.'' Since that time, the Board has made a number of
customary and traditional use determinations at the request of impacted
subsistence users. Those modifications, along with some administrative
corrections, were published in the Federal Register as follows:
Modifications to Sec. ----.24
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Rule made changes to the following provisions of
Federal Register citation Date of publication ----.24:
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59 FR 27462.......................... May 27, 1994........... Wildlife and Fish/Shellfish.
59 FR 51855.......................... October 13, 1994....... Wildlife and Fish/Shellfish.
60 FR 10317.......................... February 24, 1995...... Wildlife and Fish/Shellfish.
61 FR 39698.......................... July 30, 1996.......... Wildlife and Fish/Shellfish.
62 FR 29016.......................... May 29, 1997........... Wildlife and Fish/Shellfish.
63 FR 35332.......................... June 29, 1998.......... Wildlife and Fish/Shellfish.
63 FR 46148.......................... August 28, 1998........ Wildlife and Fish/Shellfish.
64 FR 1276........................... January 8, 1999........ Fish/Shellfish.
64 FR 35776.......................... July 1, 1999........... Wildlife.
65 FR 40730.......................... June 30, 2000.......... Wildlife.
66 FR 10142.......................... February 13, 2001...... Fish/Shellfish.
66 FR 33744.......................... June 25, 2001.......... Wildlife.
67 FR 5890........................... February 7, 2002....... Fish/Shellfish.
67 FR 43710.......................... June 28, 2002.......... Wildlife.
68 FR 7276........................... February 12, 2003...... Fish/Shellfish.
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Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use
determinations.
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69 FR 5018........................... February 3, 2004....... Fish/Shellfish.
69 FR 40174.......................... July 1, 2004........... Wildlife.
70 FR 13377.......................... March 21, 2005......... Fish/Shellfish.
70 FR 36268.......................... June 22, 2005.......... Wildlife.
71 FR 15569.......................... March 29, 2006......... Fish/Shellfish.
71 FR 37642.......................... June 30, 2006.......... Wildlife.
72 FR 12676.......................... March 16, 2007......... Fish/Shellfish.
72 FR 73426.......................... December 27, 2007...... Wildlife/Fish.
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Current Rule
The Departments published a proposed rule on December 19, 2006 (71
FR 75899), to amend subparts C and D of 36 CFR 242 and 50 CFR 100. The
proposed rule opened a comment period, which closed on March 23, 2007.
The Departments advertised the proposed rule by mail, radio, and
newspaper. During that period, the Regional Councils met and, in
addition to other Regional Council business, received suggestions for
proposals from the public. The Board received a total of 17 proposals
for changes and 1 proposal deferred from the previous cycle to subparts
C and D. After the proposal period closed, the Board prepared a booklet
describing the proposals and distributed them to the public; this was
also available online. The public then had an additional 30 days in
which to comment on the proposals for changes to the regulations.
The 10 Regional Councils met again, received public comments, and
formulated their recommendations to the Board on proposals for their
respective regions. The Regional Councils had a substantial role in
reviewing the proposed rule and making recommendations for the final
rule. Moreover, a Council Chair, or a designated representative,
presented each Council's recommendations at the Board meeting of
December 11-13, 2007. These final regulations reflect Board review and
consideration of Regional Council recommendations and public comments.
The public has had
[[Page 13763]]
extensive opportunity to review and comment on all changes.
Of the 18 proposals, including one that had been deferred the
previous cycle, the Board adopted 8, rejected 7, took no action on 2,
and deferred 1. Of the eight adopted proposals, four were with
modifications. The Board took no action on two proposals due to action
that they had taken on other similar proposals and then deferred one
proposal to allow collection of additional information.
Summary of Proposals Rejected by the Board
The Board rejected, deferred, or took no action on 10 proposals.
The rejected proposals were recommended for rejection by at least one
of the Regional Councils, except for the two as noted in the summary.
Detailed information relating to justification for the action on each
proposal may be found in the Board meeting materials and transcripts,
available for review at the Office of Subsistence Management, 3601 C
Street, Suite 1030, Anchorage, Alaska 99503, or on the Office of
Subsistence Management Web site (http://alaska.fws.gov/asm/home.html).
The Board rejected one proposal to have ``no Federal
subsistence priority'' for customary and traditional use determination
for the Juneau road system area as unnecessarily restrictive for
subsistence users.
The Board rejected one proposal to close the subsistence
steelhead fishery on the Admiralty, Baranof, and Chichagof Islands as
unnecessarily restrictive for subsistence users.
The Board rejected one proposal to close commercial
herring fishing in Federal public waters in the Makhnati Island area,
contrary to the recommendation of the Southeast Council, based on a
lack of substantial evidence to support the closure.
The Board rejected one proposal to allow dipnetting from
the banks of the Kenai River at the Moose Range Meadows site, contrary
to the recommendation of the Southcentral Council, based on
conservation concerns.
The Board rejected two proposals, one that would restrict
gillnet mesh size and one to restrict gillnet depth on the Yukon River,
at the request of two Councils and contrary to one Council's
recommendation. The Board based its decisions on the need for
additional evidence to support the proposals and a concern for
unnecessary restrictions on subsistence users.
The Board deferred one proposal concerning elders fishing
on the Yukon River for a year to allow the proponent more time to
address and further review the implications and issues related to who
could or could not assist the elder while fishing.
Summary of Proposals Adopted by the Board
The Board adopted eight proposals. Four of these proposals were
adopted as submitted, and four were adopted with modifications
suggested by the respective Regional Council, modifications developed
during the analysis process, or modifications developed during the
Board's public deliberations.
All of the adopted proposals were recommended for adoption by at
least one of the Regional Councils, although further modifications were
made to some during Board deliberations, and were based on harvest
practices or on protecting fish populations. Detailed information
relating to justification for the action on each proposal may be found
in the Board meeting materials and transcripts, available for review at
the Office of Subsistence Management, 3601 C Street, Suite 1030,
Anchorage, Alaska 99503, or on the Office of Subsistence Management Web
site (http://alaska.fws.gov/asm/home.html).
The Board adopted regulations pertaining to specific management
areas as follows:
Yakutat Fishery Management Area
Removed the prohibition against subsistence fishing 48
hours before and after commercial fishing periods in the Yakutat area.
Southeast Alaska Fishery Management Area
Rescinded the closure to non-Federally qualified
subsistence users for the taking of sockeye salmon in the Falls Lake,
Gut Bay Lake and Bay of Pillars drainages.
Changed the starting date of the subsistence coho salmon
fishery and changed the permit requirements to allow issuance of an
annual permit for the Stikine River.
Alaska Peninsula Fishery Management Area
Allowed the taking of salmon in the Alaska Peninsula and
Chignik Areas without a permit by snagging, using a spear, bow and
arrow, or by capturing by hand.
Bristol Bay Fishery Management Area
Allowed the use of fyke nets and leads in the tributaries
of Lake Clark and Sixmile Lake by Federal permit.
Cook Inlet Fishery Management Area
Created a temporary 3-year salmon fish wheel fishery on
the Kasilof River for residents of Ninilchik.
Yukon-Northern Fishery Management Area
Expanded the fishing time for the Federal drift gillnet
fishery in a portion of the Yukon River.
A clarification of the regulations for the Southeast Alaska area
was made to show that there is no subsistence salmon fishery in the
Taku River. This is because no subsistence salmon fishery is authorized
by the Pacific Salmon Treaty and its annexes.
These final regulations reflect Board review and consideration of
Regional Council recommendations and public comments. All Board members
have reviewed this rule and agree with its substance. Because this rule
concerns public lands managed by an agency or agencies in both the
Departments of Agriculture and the Interior, identical text will be
incorporated into 36 CFR part 242 and 50 CFR part 100.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements, including 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. Therefore, we believe that sufficient
public notice has been given to affected persons about the Board
decisions.
In the more than 17 years the Program has been operating, no
benefit to the public has been demonstrated by delaying the effective
date of the subsistence regulations. A lapse in regulatory control
could affect the continued viability of fish or wildlife populations
and future subsistence opportunities for rural Alaskans, and would
generally fail to serve the overall public interest. Therefore, the
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule
effective upon the date set forth in DATES to ensure continued
operation of the subsistence program.
[[Page 13764]]
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) for developing a
Federal Subsistence Management Program was distributed for public
comment on October 7, 1991. That document described the major issues
associated with Federal subsistence management as identified through
public meetings, written comments, and staff analyses and examined the
environmental consequences of four alternatives. Proposed regulations
(subparts A, B, and C) that would implement the preferred alternative
were included in the DEIS as an appendix. The DEIS and the proposed
administrative regulations presented a framework for an annual
regulatory cycle regarding subsistence hunting and fishing regulations
(subpart D). The Final Environmental Impact Statement (FEIS) was
published on February 28, 1992.
Based on public comments received, analysis contained in the FEIS,
and 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, implemented the Federal Subsistence Management Program and
included a framework for an annual cycle for subsistence hunting and
fishing regulations. The following Federal Register documents pertain
to this rulemaking:
Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents Pertaining to the Final Rule
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Federal Register citation Date of publication Category Details
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57 FR 22940.......................... May 29, 1992............ Final Rule............. ``Subsistence Management Regulations for Public Lands in
Alaska; Final Rule'' was published in the Federal Register.
64 FR 1276........................... January 8, 1999......... Final Rule............. Amended the regulations to include subsistence activities
occurring on inland navigable waters in which the United
States has a reserved water right and to identify specific
Federal land units where reserved water rights exist.
Extended the Federal Subsistence Board's management to all
Federal lands selected under the Alaska Native Claims
Settlement Act and the Alaska Statehood Act and situated
within the boundaries of a Conservation System Unit, National
Recreation Area, National Conservation Area, or any new
national forest or forest addition, until conveyed to the
State of Alaska or to an Alaska Native Corporation. Specified
and clarified the Secretaries' authority to determine when
hunting, fishing, or trapping activities taking place in
Alaska off the public lands interfere with the subsistence
priority.
66 FR 31533.......................... June 12, 2001........... Interim Rule........... Expanded the authority that the Board may delegate to agency
field officials and clarified the procedures for enacting
emergency or temporary restrictions, closures, or openings.
67 FR 30559.......................... May 7, 2002............. Final Rule............. Amended the operating regulations in response to comments on
the June 12, 2001, interim rule. Also corrected some
inadvertent errors and oversights of previous rules.
68 FR 7703........................... February 18, 2003....... Direct Final Rule...... Clarified how old a person must be to receive certain
subsistence use permits and removed the requirement that
Regional Councils must have an odd number of members.
68 FR 23035.......................... April 30, 2003.......... Affirmation of Direct Because we received no adverse comments on the direct final
Final Rule. rule (67 FR 30559), we adopted the direct final rule.
69 FR 60957.......................... October 14, 2004........ Final Rule............. Clarified the membership qualifications for Regional Advisory
Council membership and relocated the definition of
``regulatory year'' from subpart A to subpart D of the
regulations.
70 FR 76400.......................... December 27, 2005....... Final Rule............. Revised jurisdiction in marine waters and clarified
jurisdiction relative to military lands.
[[Page 13765]]
71 FR 49997.......................... August 24, 2006......... Final Rule............. Revised the jurisdiction of the subsistence program by adding
submerged lands and waters in the area of Makhnati Island,
near Sitka, AK. This allowed subsistence users to harvest
marine resources in this area under seasons, harvest limits,
and methods specified in the regulations.
72 FR 25688.......................... May 7, 2007............. Final Rule............. Revised nonrural determinations.
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An environmental assessment was prepared in 1997 on the expansion
of Federal jurisdiction over fisheries and is available from the office
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the
Interior with the concurrence of the Secretary of Agriculture
determined that the expansion of Federal jurisdiction did not
constitute a major Federal action significantly affecting the human
environment and, therefore, signed a Finding of No Significant Impact.
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
This rule does not contain any new information collection
requirements that need Office of Management and Budget (OMB) approval
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
This rule applies to the use of public lands in Alaska. The information
collection requirements described in this rule are already approved by
OMB and have been assigned control number 1018-0075, which expires
October 31, 2009. 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
Economic Effects--This rule is not a significant rule subject to
OMB review under Executive Order 12866. This rulemaking will impose no
significant costs on small entities; this rule does not restrict any
existing sport or commercial fishery or hunting and trapping on the
public lands, and subsistence fisheries will continue at essentially
the same levels as they presently occur. The number of businesses and
the amount of trade that will result from this Federal land-related
activity is unknown but expected to be insignificant.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of regulatory 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 sporting goods, ammunition, 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.
This rule benefits those participants who engage in the subsistence
harvest of fish and wildlife in Alaska in two identifiable ways: first,
participants get the consumptive value of the food harvested, and
second, participants get the cultural benefit associated with the
maintenance of a subsistence lifestyle. We can estimate the consumptive
value for fish and wildlife harvested under this rule but can place no
dollar value on the maintenance of a subsistence lifestyle. However, we
estimate that 8.7 million pounds of fish and wildlife are harvested by
the local subsistence users annually and, if based on a replacement
value of $5.00 per pound, would equate to $43.5 million in food value
Statewide. The cultural benefits of maintaining a subsistence lifestyle
can also be of considerable value to the participants.
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 implications for takings of private
property 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 regulations meet the
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive
Order 12988 on 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 subsistence management authority over fish and wildlife
resources on Federal lands unless the State's program is compliant with
the requirements of that Title.
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,
[[Page 13766]]
and E.O. 13175, we have evaluated possible effects on Federally
recognized Indian tribes and have determined that there are no
significant direct 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, no Statement of Energy Effects is
required.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Peter J. Probasco of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Charles Ardizzone, Alaska State Office, Bureau of Land Management;
Sandy Rabinowitch and Nancy Swanton, Alaska Regional Office, National
Park Service; Drs. Warren Eastland and Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs; Jerry Berg and Carl Jack, Alaska
Regional Office, U.S. Fish and Wildlife Service; and Steve Kessler,
Alaska Regional Office, U.S. Forest Service, provided additional
assistance.
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 D--Subsistence Taking of Fish and Wildlife
0
2. In subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. ----.27 is
revised 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 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 fish wheel 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,
[[Page 13767]]
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 requirement and the responsibility to ensure the
household limit is not exceeded rest with the seller.
(13) No sale to, nor purchase by, fisheries businesses. (i) You may
not sell fish, their parts, or their eggs taken under the regulations
in this part to any individual, business, or organization required to
be licensed as a fisheries business under Alaska Statute AS 43.75.011
(commercial limited-entry permit or crew license holders excluded) or
to any other business as defined under Alaska Statute 43.70.110(1) as
part of its business transactions.
(ii) If you are required to be licensed as a fisheries business
under Alaska Statute AS 43.75.011 (commercial limited-entry permit or
crew license holders excluded) or are a business as defined under
Alaska Statute 43.70.110(1), you may not purchase, receive, or sell
fish, their parts, or their eggs taken under the regulations in this
part as part of your business transactions.
(14) Except as provided elsewhere in this section, you may not take
rainbow/steelhead trout.
(15) You may not use fish taken for subsistence use or under
subsistence regulations in this part as bait for commercial or sport
fishing purposes.
(16) Unless specified otherwise in this section, you may use a rod
and reel to take fish without a subsistence fishing permit. Harvest
limits applicable to the use of a rod and reel to take fish for
subsistence uses shall be as follows:
(i) If you are required to obtain a subsistence fishing permit for
an area, that permit is required to take fish for subsistence uses with
rod and reel in that area. The harvest and possession limits for taking
fish with a rod and reel in those areas are the same as indicated on
the permit issued for subsistence fishing with other gear types;
(ii) Except as otherwise provided for in this section, if you are
not required to obtain a subsistence fishing permit for an area, the
harvest and possession limits for taking fish for subsistence uses with
a rod and reel are the same as for taking fish under State of Alaska
subsistence fishing regulations in those same areas. If the State does
not have a specific subsistence season and/or harvest limit for that
particular species, the limit shall be the same as for taking fish
under State of Alaska sport fishing regulations.
(17) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish for
subsistence uses at any time.
(18) Provisions on ADF&G subsistence fishing permits that are more
restrictive or in conflict with the provisions contained in this
section do not apply to Federal subsistence users.
(19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other
purposes, whitefish, herring, and species for which harvest limits,
seasons, or other regulatory methods and means are not provided in this
section, as well as the head, tail, fins, and viscera of legally taken
subsistence fish.
(20) The taking of fish from waters within Federal jurisdiction is
authorized outside of published open seasons or harvest limits if the
harvested fish will be used for food in traditional or religious
ceremonies that are part of funerary or mortuary cycles, including
memorial potlatches, provided that:
(i) Prior to attempting to take fish, the person (or designee) or
Tribal Government organizing the ceremony contacts the appropriate
Federal fisheries manager to provide the nature of the ceremony, the
parties and/or clans involved, the species and the number of fish to be
taken, and the Federal waters from which the harvest will occur;
(ii) The taking does not violate recognized principles of fisheries
conservation, and uses the methods and means allowable for the
particular species published in the applicable 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,
[[Page 13768]]
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 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, fish
wheel, or a rod and reel.
(iv) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging
gear, spear, lead, or a rod and reel.
(v) In the Unalakleet River from June 1 through July 15, you may
not operate more than 25 fathoms of gillnet in the aggregate nor may
you operate an unanchored gillnet.
(vi) 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
[[Page 13769]]
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 6:00 p.m. Sunday until 6:00 p.m. Tuesday and from 6:00 p.m.
Wednesday until 6:00 p.m. Friday.
(ix) You may not subsistence fish in the following drainages
located north of the main Yukon River:
(A) Kanuti River upstream from a point 5 miles downstream of the
State highway crossing;
(B) Bonanza Creek;
(C) Jim River including Prospect and Douglas Creeks.
(x) You may not subsistence fish in the Delta River.
(xi) In Beaver Creek downstream from the confluence of Moose Creek,
a gillnet with mesh size not to exceed 3 inches stretch-measure may be
used from June 15 through September 15. You may subsistence fish for
all non-salmon 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 weekly subsistence fishing opening(s) by drift gillnets no more
than 150 feet long and no more than 35 meshes deep, from June 10
through July 14.
(xvi) Unless otherwise specified in this section, you may take fish
other than salmon 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;
[[Page 13770]]
(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 dog food anywhere in the Yukon
River drainage. Whole fish unfit for human consumption (due to disease,
deterioration, deformities), scraps, and small fish (16 inches or less)
may be fed to dogs. Also, whole Chinook salmon caught incidentally
during a subsistence chum salmon fishery in the following time periods
and locations may be fed to dogs:
(A) After July 10 in the Koyukuk River drainage;
(B) After August 10, in Subdistrict 5D, upstream of Circle City.
(4) Kuskokwim Area. The Kuskokwim Area consists of all waters of
Alaska between the latitude of the westernmost point of Naskonat
Peninsula and the latitude of the southernmost tip of Cape Newenham,
including the waters of Alaska surrounding Nunivak and St. Matthew
Islands and those waters draining into the Bering Sea.
(i) Unless otherwise restricted in this section, you may take fish
in the Kuskokwim Area at any time without a subsistence fishing permit.
(ii) For the Kuskokwim area, Federal subsistence fishing schedules,
openings, closings, and fishing methods are the same as those issued
for the subsistence taking of fish under Alaska Statutes (AS
16.05.060), unless superseded by a Federal Special Action.
(iii) In District 1, Kuskokuak Slough, from June 1 through July 31
only, you may not take salmon for 16 hours before and during each State
open commercial salmon fishing period in the district.
(iv) In Districts 4 and 5, from June 1 through September 8, you may
not take salmon for 16 hours before or during, and for 6 hours after
each State open commercial salmon fishing period in each district.
(v) In District 2, and anywhere in tributaries that flow into the
Kuskokwim River within that district, from June 1 through September 8
you may not take salmon by net gear or fish wheel for 16 hours before
or during, and for 6 hours after each open commercial salmon fishing
period in the district. You may subsistence fish for salmon with rod
and reel 24 hours per day, 7 days per week, unless rod and reel are
specifically restricted by paragraph (i)(4) of this section.
(vi) You may not take subsistence fish by nets in the Goodnews
River east of a line between ADF&G regulatory markers placed near the
mouth of the Ufigag River and an ADF&G regulatory marker placed near
the mouth of the Tunulik River 16 hours before or during, and for 6
hours after each State open commercial salmon fishing period.
(vii) You may not take subsistence fish by nets in the Kanektok
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before or during, and for 6 hours after each State open
commercial salmon fishing period.
(viii) You may not take subsistence fish by nets in the Arolik
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before or during, and for 6 hours after each State open
commercial salmon fishing period.
(ix) You may only take salmon by gillnet, beach seine, fish wheel,
or rod and reel subject to the restrictions set out in this section,
except that you may also take salmon by spear in the Kanektok, and
Arolik River drainages, and in the drainage of Goodnews Bay.
(x) You may not use an aggregate length of set gillnets or drift
gillnets in excess of 50 fathoms for taking salmon.
(xi) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net,
jigging gear, spear, lead, handline, or rod and reel.
(xii) You must attach to the bank each subsistence gillnet operated
in tributaries of the Kuskokwim River and fish it substantially
perpendicular to the bank and in a substantially straight line.
(xiii) Within a tributary to the Kuskokwim River in that portion of
the Kuskokwim River drainage from the north end of Eek Island upstream
to the mouth of the Kolmakoff River, you may not set or operate any
part of a set gillnet within 150 feet of any part of another set
gillnet.
(xiv) The maximum depth of gillnets is as follows:
(A) Gillnets with 6-inch or smaller stretched-mesh may not be more
than 45 meshes in depth;
(B) Gillnets with greater than 6-inch stretched-mesh may not be
more than 35 meshes in depth.
(xv) You may take halibut only by a single handheld line with no
more than two hooks attached to it.
(xvi) You may not use subsistence set and drift gillnets exceeding
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You
may not operate more than one subsistence set or drift gillnet at a
time in Whitefish Lake in the Ophir Creek drainage. You must check the
net at least once every 24 hours.
(xvii) 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 9:00 a.m. Monday until 9 a.m. Friday. From June 1
through September 30, within the waters of a commercial salmon
district, you may take salmon only during State open commercial salmon
fishing periods.
(iii) In the Egegik River from 9 a.m. June 23 through 9 a.m. July
17, you may take salmon only during the following times: From 9 a.m.
Tuesday to 9 a.m. Wednesday and from 9 a.m. Saturday to 9 a.m. Sunday.
(iv) You may not take fish from waters within 300 feet of a stream
mouth used by salmon.
(v) You may not subsistence fish with nets in the Tazimina River
and within one-fourth mile of the terminus of those waters during the
period from September 1 through June 14.
(vi) Within any district, you may take salmon, herring, and capelin
by set gillnets only.
(vii) Outside the boundaries of any district, unless otherwise
specified, you may take salmon by set gillnet only.
(A) You may also take salmon by spear in the Togiak River,
excluding its tributaries.
(B) You may also use drift gillnets not greater than 10 fathoms in
length to take salmon in the Togiak River in the first two river miles
upstream from the
[[Page 13771]]
mouth of the Togiak River to the ADF&G regulatory markers.
(C) You may also take salmon without a permit in Lake Clark and its
tributaries by snagging (by handline or rod and reel), using a spear,
bow and arrow, or capturing by bare hand.
(D) You may also take salmon by beach seines not exceeding 25
fathoms in length in Lake Clark, excluding its tributaries.
(E) You may also take fish (except rainbow trout) with a fyke net
and lead in tributaries of Lake Clark and the tributaries of Sixmile
Lake within and adjacent to the exterior boundaries of Lake Clark
National Park and Preserve unless otherwise prohibited.
(1) You may use a fyke net and lead only with a permit issued by
the Federal in-season manager.
(2) All fyke nets and leads must be attended at all times while in
use.
(3) All materials used to construct the fyke net and lead must be
made of wood and be removed from the water when the fyke net and lead
is no longer in use.
(viii) The maximum lengths for set gillnets used to take salmon are
as follows:
(A) You may not use set gillnets exceeding 10 fathoms in length in
the Egegik River;
(B) In the remaining waters of the area, you may not use set
gillnets exceeding 25 fathoms in length.
(ix) You may not operate any part of a set gillnet within 300 feet
of any part of another set gillnet.
(x) You must stake and buoy each set gillnet. Instead of having the
identifying information on a keg or buoy attached to the gillnet, you
may plainly and legibly inscribe your first initial, last name, and
subsistence permit number on a sign at or near the set gillnet.
(xi) You may not operate or assist in operating subsistence salmon
net gear while simultaneously operating or assisting in operating
commercial salmon net gear.
(xii) During State closed commercial herring fishing periods, you
may not use gillnets exceeding 25 fathoms in length for the subsistence
taking of herring or capelin.
(xiii) You may take fish other than salmon, herring, 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 State
subsistence salmon permit (permits are issued by ADF&G) except when
using a Federal permit for fyke net and lead.
(xv) Only one State subsistence fishing permit for salmon and one
Federal permit for use of a fyke net and lead for all fish (except
rainbow trout) may be issued to each household per year.
(xvi) In the Togiak River section and the Togiak River drainage:
(A) You may not possess coho salmon taken under the authority of a
subsistence fishing permit unless both lobes of the caudal fin (tail)
or the dorsal fin have been removed.
(B) You may not possess salmon taken with a drift gillnet under the
authority of a subsistence fishing permit unless both lobes of the
caudal fin (tail) or the dorsal fin have been removed.
(xvii) You may take rainbow trout only by rod and reel or jigging
gear. 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 6:00 a.m. until 9:00 p.m. from January 1 through December
31, except as may be specified on a subsistence fishing permit.
(iii) In the Adak, Akutan, Atka-Amlia, and Umnak Districts, you may
take salmon at any time.
(iv) You may not subsistence fish for salmon in the following
waters:
(A) The waters of Unalaska Lake, its tributaries and outlet stream;
(B) The waters of Summers and Morris Lakes and their tributaries
and outlet streams;
(C) All streams supporting anadromous fish runs that flow into
Unalaska Bay south of a line from the northern tip of Cape Cheerful to
the northern tip of Kalekta Point;
(D) Waters of McLees Lake and its tributaries and outlet stream;
(E) All fresh water on Adak Island and Kagalaska Island in the Adak
District.
(v) You may take salmon by seine and gillnet, or with gear
specified on a subsistence fishing permit.
(vi) In the Unalaska District, if you fish with a net, you must be
physically present at the net at all times when the net is being used.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take salmon, trout, and char only under the terms of
a subsistence fishing permit, except that you do not need a permit in
the Akutan, Umnak, and Atka-Amlia Islands Districts.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence 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 in those districts and
sections
[[Page 13772]]
open to commercial salmon fishing where salmon may not be taken during
the 24 hours before and 12 hours following each State open weekly
commercial salmon fishing period, or as may be specified on a
subsistence fishing permit.
(v) You may not subsistence fish for salmon in the following
waters:
(A) Russell Creek and Nurse Lagoon and within 500 yards outside the
mouth of Nurse Lagoon;
(B) Trout Creek and within 500 yards outside its mouth.
(vi) You may take salmon by seine, gillnet, rod and reel, or with
gear specified on a subsistence fishing permit. You may also take
salmon without a permit by snagging (by handline or rod and reel),
using a spear, bow and arrow, or capturing by bare hand.
(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. For salmon, Federal subsistence fishing openings,
closings and fishing methods are the same as those issued for the
subsistence taking of fish under Alaska Statutes (AS 16.05.060), unless
superseded by a Federal Special Action. If you take rainbow/steelhead
trout incidentally in other subsistence net fisheries, you may retain
them for subsistence purposes.
(ii) You may not take salmon in the Chignik River, from a point 300
feet upstream of the ADF&G weir to Chignik Lake from July 1 through
August 31. You may not take salmon in Black Lake or any tributary to
Black or 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 only
subsistence fish for salmon as specified on a State subsistence salmon
fishing permit.
(vi) You may take salmon by seines, gillnets, rod and reel, or with
gear specified on a subsistence fishing permit, except that in Chignik
Lake, you may not use purse seines. You may also take salmon without a
permit by snagging (by handline or rod and reel), using a spear, bow
and arrow, or capturing by bare hand.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take 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 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 fresh water systems of Afognak Island.
(iv) You must have a subsistence fishing permit for taking salmon,
trout, and char for subsistence purposes. You must have a subsistence
fishing permit for taking herring and bottomfish for subsistence
purposes during the State commercial herring sac roe season from April
15 through June 30.
(v) 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
[[Page 13773]]
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]51.10' N.Lat.) and a line extending south from Cape Fairfield
(148[deg]50.25' W. Long.).
(i) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any
time in the Cook Inlet Area. If you take rainbow/steelhead trout
incidentally in subsistence net fisheries, you may retain them for
subsistence purposes, unless otherwise prohibited or provided for in
this section. With jigging gear through the ice or rod and reel gear in
open waters there is an annual limit of 2 rainbow/steelhead trout 20
inches or longer, taken from Kenai Peninsula fresh waters.
(ii) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit (as may be modified by this section).
(iii) You may not take grayling or burbot for subsistence purposes.
(iv) You may only take salmon, trout, Dolly Varden, and other char
under authority of a Federal subsistence fishing permit. Seasons,
harvest and possession limits, and methods and means for take are the
same as for the taking of those species under Alaska sport fishing
regulations (5 AAC 56 and 5 AAC 57) unless modified herein.
Additionally for Federally managed waters of the Kasilof and Kenai
River drainages:
(A) Residents of Ninilchik may take sockeye, Chinook, coho, and
pink salmon through a dip net and a rod and reel fishery on the upper
mainstem of the Kasilof River from a Federal regulatory marker on the
river below the outlet of Tustumena Lake downstream to a marker on the
river at Silver Salmon Rapids. Residents using rod and reel gear may
fish with up to 2 baited single or treble hooks. Other species
incidentally caught during the dip net and rod and reel fishery may be
retained for subsistence uses, including up to 200 rainbow/steelhead
trout taken through August 15. After 200 rainbow/steelhead trout have
been taken in this fishery or after August 15, all rainbow/steelhead
trout must be released unless otherwise provided for in this section.
Before leaving the fishing site, all retained fish must be recorded on
the permit and marked by removing the dorsal fin. Harvests must be
reported within 72 hours to the Federal fisheries manager upon leaving
the fishing location.
(1) Fishing for sockeye and Chinook salmon will be allowed from
June 16-August 15.
(2) Fishing for coho and pink salmon will be allowed from June 16-
October 31.
(3) Fishing for sockeye, Chinook, coho, or pink salmon will end
prior to regulatory end dates if the annual total harvest limit for
that species is reached or superseded by Federal special action.
(4) Each household may harvest their annual sockeye, Chinook, coho,
or pink salmon limits in one or more days, and each household member
may fish with a dip net or a rod and reel during this time. Salmon
taken in the Kenai River system dip net and rod and reel fishery will
be included as part of each household's annual limit for the Kasilof
River.
(i) For sockeye salmon--annual total harvest limit of 4,000; annual
household limits of 25 for each permit holder and 5 additional for each
household member;
(ii) For Chinook salmon--annual harvest limit of 500; annual
household limit of 10 for each permit holder and 2 additional for each
household member;
(iii) For coho salmon--annual total harvest limit of 500; annual
household limits of 10 for each permit holder and 2 additional for each
household member; and
(iv) For pink salmon--annual total harvest limit of 500; annual
household limits of 10 for each permit holder and 2 additional for each
household member.
(B) In addition to the dip net and rod and reel fishery on the
upper mainstem of the Kasilof River described under paragraph
(i)(10)(iv)(A) of this section, residents of Ninilchik may also take
coho and pink salmon through a rod and reel fishery in Tustumena Lake.
Before leaving the fishing site, all retained salmon must be recorded
on the permit and marked by removing the dorsal fin. Seasons, areas,
harvest and possession limits, and methods and means for take are the
same as for the taking of these species under Alaska sport fishing
regulations (5 AAC 56), except for the following methods and means, and
bag and possession limits:
(1) Fishing will be allowed with up to 2 baited single or treble
hooks.
(2) For coho salmon 16 inches and longer, the daily bag and
possession limits are 4 per day and 4 in possession.
(3) For pink salmon 16 inches and longer, daily bag and possession
limits are 6 per day and 6 in possession.
(C) Resident fish species including lake trout, rainbow/steelhead
trout, and Dolly Varden/Arctic char may be harvested in Federally
managed waters of the Kasilof River drainage. Resident fish species
harvested in the Kasilof River drainage under the conditions of a
Federal subsistence permit must be marked by removing the dorsal fin
immediately after harvest and recorded on the permit prior to leaving
the fishing site.
(1) Lake trout may be harvested with rod and reel gear the entire
year. For fish 20 inches or longer, daily bag and possession limits are
4 per day and 4 in possession. For fish less than 20 inches, daily bag
and possession limits are 15 per day and 15 in possession.
(2) Dolly Varden/Arctic char may be harvested with rod and reel
gear the entire year. In flowing waters, daily bag and possession
limits are 4 per day and 4 in possession. In lakes and ponds, daily bag
and possession limits are 10 fish per day and 10 in possession.
(3) Rainbow trout may be harvested with rod and reel gear the
entire year for fish less than 20 inches in length. In flowing waters,
daily bag and possession limits are 2 per day and 2 in possession. In
lakes and ponds, daily bag and possession limits are 5 per day and 5 in
possession.
(4) You may fish in Tustumena Lake with a gillnet, no longer than
10 fathoms, fished under the ice or jigging gear used through the ice
under authority of a Federal subsistence fishing permit. The total
annual harvest quota for this fishery is 200 lake trout, 200 rainbow
trout, and 500 Dolly Varden/Arctic char. The use of a gillnet will be
prohibited by special action after the harvest quota of any species has
been met. For the jig fishery, annual household limits are 30 fish in
any combination of lake trout, rainbow trout or Dolly Varden/Arctic
char.
(i) You may harvest fish under the ice only in Tustumena Lake.
Gillnets are not allowed within a \1/4\ mile radius of the mouth of any
tributary to Tustumena Lake, or the outlet of Tustumena Lake.
(ii) Permits will be issued by the Federal fisheries manager or
designated representative, and will be valid for the
[[Page 13774]]
winter season, unless the season is closed by special action.
(iii) All harvests must be reported within 72 hours to the Federal
fisheries manager upon leaving the fishing location. Reported
information must include number of each species caught; number of each
species retained; length, depth (number of meshes deep) and mesh size
of gillnet fished; location fished; and total hours fished. Harvest
data on the permit must be filled out before transporting fish from the
fishing area.
(iv) The gillnet must be checked at least once in every 48-hour
period.
(v) For unattended gear, the permittee's name and address must be
plainly and legibly inscribed on a stake at one end of the gillnet.
(vi) Incidentally caught fish may be retained and must be recorded
on the permit.
(vii) Failure to return the completed harvest permit by May 31 may
result in issuance of a violation notice and/or denial of a future
subsistence permit.
(D) Residents of Hope, Cooper Landing, and Ninilchik may take only
sockeye salmon through a dip net and a rod and reel fishery at one
specified site on the Russian River, and sockeye, late-run Chinook,
coho, and pink salmon through a dip net/rod and reel fishery at two
specified sites on the Kenai River below Skilak Lake and as provided in
this section. For Ninilchik residents, salmon taken in the Kasilof
River Federal subsistence fish wheel, and dip net/rod and reel fishery
will be included as part of each household's annual limit for the Kenai
and Russian Rivers' dip net and rod and reel fishery. For both Kenai
River fishing sites below Skilak Lake, incidentally caught fish may be
retained for subsistence uses, except for early-run Chinook salmon
(unless otherwise provided for), rainbow trout 18 inches or longer, and
Dolly Varden 18 inches or longer, which must be released. For the
Russian River fishing site, incidentally caught fish may be retained
for subsistence uses, except for early- and late-run Chinook salmon,
coho salmon, rainbow trout, and Dolly Varden, which must be released.
Before leaving the fishing site, all retained fish must be recorded on
the permit and marked by removing the dorsal fin. Harvests must be
reported within 72 hours to the Federal fisheries manager upon leaving
the fishing site, and permits must be returned to the manager at the
end of the season. Chum salmon that are retained are to be included
within the annual limit for sockeye salmon. Only residents of Hope and
Cooper Landing may retain incidentally caught resident species.
(1) The household dip net and rod and reel gear fishery is limited
to three sites:
(i) At the Kenai River Moose Range Meadows site, dip netting is
allowed only from a boat from a Federal regulatory marker on the Kenai
River at about river mile 29 downstream approximately 2.5 miles to
another marker on the Kenai River at about river mile 26.5. Residents
using rod and reel gear at this fishery site may fish from boats or
from shore with up to 2 baited single or treble hooks from June 15-
August 31. Seasonal riverbank closures and motor boat restrictions are
the same as those listed in State of Alaska fishing regulations (5 AAC
56 and 5 AAC 57 and 5 AAC 77.540).
(ii) At the Kenai River Mile 48 site, dip netting is allowed while
either standing in the river or from a boat, from Federal regulatory
markers on both sides of the Kenai River at about river mile 48
(approximately 2 miles below the outlet of Skilak Lake) downstream
approximately 2.5 miles to a marker on the Kenai River at about river
mile 45.5. Residents using rod and reel gear at this fishery site may
fish from boats or from shore with up to 2 baited single or treble
hooks from June 15-August 31. Seasonal riverbank closures and motor
boat restrictions are the same as those listed in State of Alaska
fishing regulations (5 AAC 56, 5 AAC 57, and 5 AAC 77.540).
(iii) At the Russian River Falls site, dip netting is allowed from
a Federal regulatory marker near the upstream end of the fish ladder at
Russian River Falls downstream to a Federal regulatory marker
approximately 600 yards below Russian River Falls. Residents using rod
and reel gear at this fishery site may not fish with bait at any time.
(2) Fishing seasons are as follows:
(i) For sockeye salmon at all fishery sites: June 15-August 15;
(ii) For late-run Chinook, pink, and coho salmon at both Kenai
River fishery sites only: July 16-September 30; and
(iii) Fishing for sockeye, late-run Chinook, coho, or pink salmon
will close by special action prior to regulatory end dates if the
annual total harvest limit for that species is reached or superseded by
Federal special action.
(3) Each household may harvest their annual sockeye, late-run
Chinook, coho, or pink salmon limits in one or more days, and each
household member may fish with a dip net or rod and reel during this
time. Salmon taken in the Kenai River system dip net and rod and reel
fishery by Ninilchik households will be included as part of those
household's annual limits for the Kasilof River.
(i) For sockeye salmon--annual total harvest limit of 4,000
(including any retained chum salmon); annual household limits of 25 for
each permit holder and 5 additional for each household member;
(ii) For late-run Chinook salmon--annual total harvest limit of
1,000; annual household limits of 10 for each permit holder and 2
additional for each household member;
(iii) For coho salmon--annual total harvest limit of 3,000; annual
household limits of 20 for each permit holder and 5 additional for each
household member; and
(iv) For pink salmon--annual total harvest limit of 2,000; annual
household limits of 15 for each permit holder and 5 additional for each
household member.
(E) For Federally managed waters of the Kenai River and its
tributaries, in addition to the dip net and rod and reel fisheries on
the Kenai and Russian rivers described under paragraph (i)(10)(iv)(D)
of this section, residents of Hope, Cooper Landing, and Ninilchik may
take sockeye, Chinook, coho, pink, and chum salmon through a separate
rod and reel fishery in the Kenai River drainage. Before leaving the
fishing site, all retained fish must be recorded on the permit and
marked by removing the dorsal fin. Permits must be returned to the
Federal fisheries manager at the end of the fishing season.
Incidentally caught fish, other than salmon, are subject to regulations
found in paragraphs (i)(10)(iv)(F) and (G) of this section. Seasons,
areas (including seasonal riverbank closures), harvest and possession
limits, and methods and means (including motor boat restrictions) for
take are the same as for the taking of these salmon species under State
of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC 77.54),
except for the following bag and possession limits:
(1) In the Kenai River below Skilak Lake, fishing is allowed with
up to 2 baited single or treble hooks from June 15-August 31.
(2) For early-run Chinook salmon less than 44 inches or 55 inches
or longer, daily bag and possession limits are 2 per day and 2 in
possession.
(3) For late-run Chinook salmon 20 inches and longer, daily bag and
possession limits are 2 per day and 2 in possession.
(4) Annual harvest limits for any combination of early- and late-
run Chinook salmon are 4 for each permit holder.
[[Page 13775]]
(5 ) For other salmon 16 inches and longer, the combined daily bag
and possession limits are 6 per day and 6 in possession, of which no
more than 4 per day and 4 in possession may be coho salmon, except for
the Sanctuary Area and Russian River, for which no more than 2 per day
and 2 in possession may be coho salmon.
(F) For Federally managed waters of the Kenai River and its
tributaries below Skilak Lake outlet at river mile 50, residents of
Hope and Cooper Landing may take resident fish species including lake
trout, rainbow trout, and Dolly Varden/Arctic char with jigging gear
through the ice or rod and reel gear in open waters. Resident fish
species harvested in the Kenai River drainage under the conditions of a
Federal subsistence permit must be marked by removal of the dorsal fin
immediately after harvest and recorded on the permit prior to leaving
the fishing site. Seasons, areas (including seasonal riverbank
closures), harvest and possession limits, and methods and means
(including motor boat restrictions) for take are the same as for the
taking of these resident species under State of Alaska fishing
regulations (5 AAC 56, 5 AAC 57, and 5 AAC 77.54), except for the
following bag and possession limits:
(1 ) For lake trout 20 inches or longer, daily bag and possession
limits are 4 per day and 4 in possession. For fish less than 20 inches,
daily bag and possession limits are 15 per day and 15 in possession.
(2 ) In flowing waters, daily bag and possession limits for Dolly
Varden/Arctic char less than 18 inches in length are 1 per day and 1 in
possession. In lakes and ponds, daily bag and possession limits are 2
per day and 2 in possession. Only 1 of these fish can be 20 inches or
longer.
(3 ) In flowing waters, daily bag and possession limits for
rainbow/steelhead trout are 1 per day and 1 in possession and must be
less than 18 inches in length. In lakes and ponds, daily bag and
possession limits are 2 per day and 2 in possession of which only 1
fish 20 inches or longer may be harvested daily.
(G) For Federally managed waters of the upper Kenai River and its
tributaries above Skilak Lake outlet at river mile 50, residents of
Hope and Cooper Landing may take resident fish species including lake
trout, rainbow trout, and Dolly Varden/Arctic char with jigging gear
through the ice or rod and reel gear in open waters. Resident fish
species harvested in the Kenai River drainage under the conditions of a
Federal subsistence permit must be marked by removal of the dorsal fin
immediately after harvest and recorded on the permit prior to leaving
the fishing site. Seasons, areas (including seasonal riverbank
closures), harvest and possession limits, and methods and means
(including motor boat restrictions) for take are the same as for the
taking of these resident species under Alaska fishing regulations (5
AAC 56, 5 AAC 57, 5 AAC 77.54), except for the following bag and
possession limits:
(1 ) For lake trout 20 inches or longer, daily bag and possession
limits are 4 per day and 4 in possession. For fish less than 20 inches,
daily bag and possession limits are 15 fish per day and 15 in
possession. For Hidden Lake, daily limits are 4 per day and 4 in
possession regardless of size.
(2 ) In flowing waters, daily bag and possession limits for Dolly
Varden/Arctic char less than 16 inches are 1 per day and 1 in
possession. In lakes and ponds, daily bag and possession limits are 2
per day and 2 in possession of which only 1 fish 20 inches or longer
may be harvested daily.
(3 ) In flowing waters, daily bag and possession limits for
rainbow/steelhead trout are 1 per day and 1 in possession and it must
be less than 16 inches in length. In lakes and ponds, daily bag and
possession limits are 2 per day and 2 in possession of which only 1
fish 20 inches or longer may be harvested daily.
(H) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon through a fish wheel fishery in the Federal public waters
of the upper mainstem of the Kasilof River. Residents of Ninilchik may
retain other species incidentally caught in the Kasilof River except
for rainbow/steelhead trout, which must be released and returned
unharmed to the water.
(1 ) Only one fish wheel can be operated on the Kasilof River. The
fish wheel must have a live box, must be monitored when fishing, must
be stopped from fishing when it is not being monitored or used, and
must be installed and operated in compliance with any regulations and
restrictions for its use within the Kenai National Wildlife Refuge.
(2 ) One registration permit will be available and will be awarded
by the Federal in-season fishery manager, in consultation with the
Kenai National Wildlife Refuge manager, based on the merits of the
operation plan. The registration permit will be issued to an
organization that, as the fish wheel owner, will be responsible for its
construction, installation, operation, use, and removal in consultation
with the Federal fishery manager. The owner may not rent or lease the
fish wheel for personal gain. As part of the permit, the organization
must:
(i) Prior to the season, provide a written operation plan to the
Federal fishery manager including a description of how fishing time and
fish will be offered and distributed among households and residents of
Ninilchik;
(ii) During the season, mark the fish wheel with a wood, metal, or
plastic plate at least 12 inches high by 12 inches wide that is
permanently affixed and plainly visible, and that contains the
following information in letters and numerals at least 1 inch high:
registration permit number; organization's name and address; and
primary contact person name and telephone number;
(iii) After the season, provide written documentation of required
evaluation information to the Federal fishery manager including, but
not limited to, person or households operating the gear, hours of
operation, and number of each species caught and retained or released.
(3 ) People operating the fish wheel must:
(i) Have a valid Federal subsistence fishing permit in their
possession;
(ii) If they are not the fishwheel owner, attach an additional
wood, metal, or plastic plate at least 12 inches high by 12 inches wide
to the fish wheel that is plainly visible, and that contains their
fishing permit number, name, and address in letters and numerals at
least 1 inch high;
(iii) Remain on site to monitor the fish wheel and remove all fish
at least every hour;
(iv) Before leaving the site, mark all retained fish by removing
their dorsal fin and record all retained fish on their fishing permit;
and
(v) Within 72 hours of leaving the site, report their harvest to
the Federal fisheries manager.
(4) The fish wheel owner (organization) may operate the fish wheel
for subsistence purposes on behalf of residents of Ninilchik by
requesting a subsistence fishing permit that:
(i) Identifies a person who will be responsible for operating the
fish wheel;
(ii) Includes provisions for recording daily catches, the household
to whom the catch was given, and other information determined to be
necessary for effective resource management by the Federal fishery
manager.
(5) Fishing will be allowed from June 16 through October 31 on the
Kasilof River unless closed or otherwise restricted by Federal special
action.
(6) Salmon taken in the fish wheel fishery will be included as part
of dip net/rod and reel fishery annual total harvest limits for the
Kasilof River and as part of dip net/rod and reel
[[Page 13776]]
household annual limits of participating households.
(7) Fishing for each salmon species will end and the fishery will
be closed by Federal special action prior to regulatory end dates if
the annual total harvest limit for that species is reached or
superseded by Federal special action.
(8) This regulation expires December 31, 2011, or 3 years after the
first installation of the fish wheel, which ever comes first, or unless
renewed by the Federal Subsistence Board.
(v) You may take smelt with dip nets in fresh water only from April
1-June 15. There are no harvest or possession limits for smelt.
(vi) Gillnets may not be used in fresh water, except for the taking
of whitefish in the Tyone River drainage and as otherwise provided for
in this Cook Inlet section.
(11) Prince William Sound Area. The Prince William Sound Area
includes all waters and drainages of Alaska between the longitude of
Cape Fairfield and the longitude of Cape Suckling.
(i) You may take fish, other than rainbow/steelhead trout, in the
Prince William Sound Area only under authority of a subsistence fishing
permit, except that a permit is not required to take eulachon. You make
not take rainbow/steelhead trout, except as otherwise provided for in
this Sec. --.27(i)(11).
(A) In the Prince William Sound Area within Chugach National Forest
and in the Copper River drainage downstream of Haley Creek you may
accumulate Federal subsistence fishing harvest limits with harvest
limits under State of Alaska sport fishing regulations provided that
accumulation of fishing harvest limits does not occur during the same
day.
(B) You may accumulate harvest limits of salmon authorized for the
Copper River drainage upstream from Haley Creek with harvest limits for
salmon authorized under State of Alaska sport fishing regulations.
(ii) You may take fish by gear listed in paragraph (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.
(v) In the Upper Copper River District, you may take salmon only by
fish wheels, rod and reel, or dip nets.
(vi) Rainbow/steelhead trout and other freshwater fish caught
incidentally to salmon by fish wheel in the Upper Copper River District
may be retained.
(vii) Freshwater fish other than rainbow/steelhead trout caught
incidentally to salmon by dip net in the Upper Copper River District
may be retained. Rainbow/steelhead trout caught incidentally to salmon
by dip net in the Upper Copper River District must be released unharmed
to the water.
(viii) You may not possess salmon taken under the authority of an
Upper Copper River District subsistence fishing permit, or rainbow/
steelhead trout caught incidentally to salmon by fish wheel, unless the
anal (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 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(s) of the
household listed on the subsistence permit may take salmon;
(F) You must personally operate your fish wheel or dip net;
(G) You may not loan or transfer a subsistence fish wheel or dip
net permit except as permitted.
(xii) If you are a fish wheel owner:
(A) You must register your fish wheel with ADF&G or the Federal
Subsistence Board;
(B) Your registration number and a wood, metal, or plastic plate at
least 12 inches high by 12 inches wide bearing either your name and
address, or your Alaska driver's license number, or your Alaska State
identification card number in letters and numerals at least 1 inch
high, must be permanently affixed and plainly visible on the fish wheel
when the fish wheel is in the water;
(C) Only the current year's registration number may be affixed to
the fish wheel; you must remove any other registration number from the
fish wheel;
(D) You must check your fish wheel at least once every 10 hours and
remove all fish;
(E) You are responsible for the fish wheel; you must remove the
fish wheel from the water at the end of the permit period;
(F) You may not rent, lease, or otherwise use your fish wheel used
for subsistence fishing for personal gain.
(xiii) If you are operating a fish wheel:
(A) You may operate only one fish wheel at any one time;
(B) You may not set or operate a fish wheel within 75 feet of
another fish wheel;
(C) No fish wheel may have more than two baskets;
(D) If you are a permittee other than the owner, you must attach an
additional wood, metal, or plastic plate
[[Page 13777]]
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, fyke nets, and rod and reel in
Tanada Creek. One fyke net and associated lead may be used in Tanada
Creek upstream of the National Park Service weir;
(C) You may take salmon only from May 15 through September 30 or
until the season is closed by special action;
(D) You may retain Chinook salmon taken in a fish wheel in the
Copper River. You must return to the water unharmed any Chinook salmon
caught in Tanada Creek;
(E) You must return the permit to the National Park Service no
later than October 15 of the year the permit was issued;
(F) You may only use a fyke net after consultation with the in-
season manager. You must be present when the fyke net is actively
fishing. You may take no more than 1,000 sockeye salmon in Tanada Creek
with a fyke net;
(xvi) You may take pink salmon for subsistence purposes from fresh
water with a dip net from May 15 through September 30, 7 days per week,
with no harvest or possession limits in the following areas:
(A) Green Island, Knight Island, Chenega Island, Bainbridge Island,
Evans Island, Elrington Island, Latouche Island, and adjacent islands,
and the mainland waters from the outer point of Granite Bay located in
Knight Island Passage to Cape Fairfield;
(B) Waters north of a line from Porcupine Point to Granite Point,
and south of a line from Point Lowe to Tongue Point.
(12) Yakutat Area. The Yakutat Area includes all waters and
drainages of Alaska between the longitude of Cape Suckling and the
longitude of Cape Fairweather.
(i) Unless restricted in this section or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any
time in the Yakutat Area.
(ii) You may take salmon, trout (other than steelhead), and char
only under authority of a subsistence fishing permit. You may take
steelhead trout only in the Situk and Ahrnklin Rivers and only under
authority of a Federal subsistence fishing permit.
(iii) If you take salmon, trout, or char incidentally by gear
operated under the terms of a subsistence permit for salmon, you may
retain them for subsistence purposes. You must report any salmon,
trout, or char taken in this manner on your permit calendar.
(iv) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit. In areas where use of rod and reel is allowed, you may use
artificial fly, lure, or bait when fishing with rod and reel, unless
restricted by Federal permit. If you use bait, you must retain all
Federally-regulated fish species caught, and they apply to your
applicable daily and annual harvest limits for that species. For
streams with steelhead, once your daily or annual limit of steelhead is
harvested, you may no longer fish with bait for any species.
(v) In the Situk River, each subsistence salmon fishing permit
holder shall attend his or her gillnet at all times when it is being
used to take salmon.
(vi) You may block up to two-thirds of a stream with a gillnet or
seine used for subsistence fishing.
(vii) You must immediately remove both lobes of the caudal (tail)
fin from subsistence-caught salmon when taken.
(viii) You may not possess subsistence-taken and sport-taken salmon
on the same day.
(ix) You must possess a subsistence fishing permit to take Dolly
Varden. The daily harvest and possession limit is 10 Dolly Varden of
any size.
(13) Southeastern Alaska Area. The Southeastern Alaska Area
includes all waters between a line projecting southwest from the
westernmost tip of Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or under the terms of a
subsistence fishing permit, you may take fish other than salmon, trout,
grayling, and char in the Southeastern Alaska Area at any time.
(ii) You must possess a subsistence fishing permit to take salmon,
trout, grayling, or char. You must possess a subsistence fishing permit
to take eulachon from any freshwater stream flowing into fishing
Sections 1C or 1D.
(iii) In the Southeastern Alaska Area, a rainbow trout is defined
as a fish of the species Oncorhyncus mykiss less than 22 inches in
overall length. A steelhead is defined as a rainbow trout with an
overall length of 22 inches or larger.
(iv) In areas where use of rod and reel is allowed, you may use
artificial fly, lure, or bait when fishing with rod and reel, unless
restricted by Federal permit. If you use bait, you must retain all
Federally-regulated fish species caught, and they apply to your
applicable daily, seasonal, and annual harvest limits for that species.
(A) For streams with steelhead, once your daily, seasonal, or
annual limit of steelhead is harvested, you may no longer fish with
bait for any species.
(B) Unless otherwise specified in this 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.
[[Page 13778]]
(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 must immediately remove both lobes of the caudal (tail) fin
of subsistence-caught 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 in adjacent State subsistence or personal use
fisheries. If a harvest limit is not established for the State
subsistence or personal use fisheries, the possession limit is 10
sockeye and the annual harvest limit is 20 sockeye per household for
that stream.
(xiii) The Sarkar River system above the bridge is closed to the
use of all nets by both Federally qualified and non-Federally qualified
users.
(xiv) 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.
(xv) You may take Chinook, sockeye, and coho salmon in the mainstem
of the Stikine River only under the authority of a Federal subsistence
fishing permit. Each Stikine River permit will be issued to a
household. Only dip nets, spears, gaffs, rod and reel, beach seine, or
gillnets not exceeding 15 fathoms in length may be used. The maximum
gillnet mesh size is 5\1/2\ inches, except during the Chinook season
when the maximum gillnet mesh size is 8 inches.
(A) You may take Chinook salmon from May 15 through June 20. The
annual limit is 5 Chinook salmon per household.
(B) You may take sockeye salmon from June 21 through July 31. The
annual limit is 40 sockeye salmon per household.
(C) You may take coho salmon from August 1 through October 1. The
annual limit is 20 coho salmon per household.
(D) You may retain other salmon taken incidentally by gear operated
under terms of this permit. The incidentally taken salmon must be
reported on your permit calendar.
(E) The total annual guideline harvest level for the Stikine River
fishery is 125 Chinook, 600 sockeye, and 400 coho salmon. All salmon
harvested, including incidentally taken salmon, will count against the
guideline for that species.
(xvi) You may take coho salmon with a Federal salmon fishing
permit. There is no closed season. The daily harvest limit is 20 coho
salmon per household. Only dip nets, spears, gaffs, handlines, and rod
and reel may be used. There are specific rules to harvest any salmon on
the Stikine River, and you must have a separate Stikine River
subsistence salmon fishing permit to take salmon on the Stikine River.
(xvii) Unless noted on a Federal subsistence harvest permit, there
are no harvest limits for pink or chum salmon.
(xviii) 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. The
permit conditions and systems to receive special protection will be
determined by the local Federal fisheries manager in consultation with
ADF&G.
(xix) 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.
(xx) There is no subsistence fishery for any salmon on the Taku
River.
(A) The winter season is December 1 through the last day of
February, with a harvest limit of two fish per household. You may use
only a dip net, handline, spear, or rod and reel. The winter season may
be closed when the harvest level cap of 100 steelhead for Prince of
Wales/Kosciusko Islands has been reached. You must return your winter
season permit within 15 days of the close of the season and before
receiving another permit for a Prince of Wales/Kosciusko steelhead
subsistence fishery. The permit conditions and systems to receive
special protection will be determined by the local Federal fisheries
manager in consultation with ADF&G.
(B) The spring season is March 1 through May 31, with a harvest
limit of five fish per household. You may use only a dip net, handline,
spear, or rod and reel. The spring season may be closed prior to May 31
if the harvest quota of 600 fish minus the number of steelhead
harvested in the winter subsistence steelhead fishery is reached. You
must return your spring season permit within 15 days of the close of
the season and before receiving another permit for a Prince of Wales/
Kosciusko steelhead subsistence fishery. The permit conditions and
systems to receive special protection will be determined by the local
Federal fisheries manager in consultation with ADF&G.
(xx) In addition to the requirement for a Federal subsistence
fishing permit, the following restrictions for the harvest of Dolly
Varden, brook trout, grayling, cutthroat, and rainbow trout apply:
(A) The daily household harvest and possession limit is 20 Dolly
Varden; there is no closed season or size limit;
(B) The daily household harvest and possession limit is 20 brook
trout; there is no closed season or size limit;
(C) The daily household harvest and possession limit is 20
grayling; there is no closed season or size limit;
(D) The daily household harvest limit is 6 and the household
possession limit is 12 cutthroat or rainbow trout in combination; there
is no closed season or size limit;
(E) You may only use a rod and reel;
(F) The permit conditions and systems to receive special protection
will be determined by the local Federal fisheries manager in
consultation with ADF&G.
0
2. In Subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. ----.28
is revised to read as follows:
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
[[Page 13779]]
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;
(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;
[[Page 13780]]
(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.
(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.
February 12, 2008.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
February 12, 2008.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. E8-5130 Filed 3-13-08; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P