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§ 664.31 What selection criteria does the DEPARTMENT OF AGRICULTURE enacts and implements laws of general Secretary use? applicability that are consistent with Forest Service The Secretary uses the criteria in this ANILCA and that provide for the section to evaluate applications for the subsistence definition, preference, and 36 CFR Part 242 purpose of recommending to the J. participation specified in Sections 803, 804, and 805 of ANILCA. In 1978, the William Fulbright Foreign Scholarship DEPARTMENT OF THE INTERIOR State implemented a program that the Board Group Projects Abroad for Department of the Interior previously funding under this part. Fish and Wildlife Service found to be consistent with ANILCA. * * * * * However, in December 1989, the Alaska 50 CFR Part 100 Supreme Court ruled in McDowell v. PART 669—LANGUAGE RESOURCE RIN 1018–AT46 State of Alaska that the rural preference CENTERS PROGRAM in the State subsistence statute violated the Alaska Constitution. The Court’s I Subsistence Management Regulations 47. The authority citation for part 669 for Public Lands in Alaska, Subpart C ruling in McDowell required the State to continues to read as follows: and Subpart D—2005–06 Subsistence delete the rural preference from the Authority: 20 U.S.C. 1123, unless Taking of Fish and Shellfish subsistence statute and, therefore, otherwise noted. Regulations negated State compliance with ANILCA. The Court stayed the effect of the I 48. Section 669.20 is revised to read as AGENCIES: Forest Service, Agriculture; decision until July 1, 1990. follows: Fish and Wildlife Service, Interior. As a result of the McDowell decision, ACTION: Final rule. § 669.20 How does the Secretary evaluate the Department of the Interior and the an application? Department of Agriculture SUMMARY: This final rule establishes (Departments) assumed, on July 1, 1990, The Secretary evaluates an regulations for seasons, harvest limits, responsibility for implementation of application for an award on the basis of methods, and means related to taking of Title VIII of ANILCA on public lands. the criteria contained in §§ 669.21 and fish and shellfish for subsistence uses On June 29, 1990, the Temporary 669.22. The Secretary informs during the 2005–06 regulatory year. The Subsistence Management Regulations applicants of the maximum possible rulemaking is necessary because for Public Lands in Alaska were Subpart D is subject to an annual public score for each criterion in the published in the Federal Register (55 review cycle. This rulemaking replaces application package or in a notice FR 27114). On January 8, 1999 (64 FR the fish and shellfish taking regulations published in the Federal Register. 1276), the Departments extended included in the ‘‘Subsistence jurisdiction to include waters in which (Authority: 20 U.S.C. 1123) Management Regulations for Public there exists a Federal reserved water Lands in Alaska, Subpart C and Subpart I 49. Section 669.21 is amended by— right. This amended rule conformed the D—2004 Subsistence Taking of Fish and Federal Subsistence Management I A. Removing all of the parentheticals Wildlife Regulations,’’ which expire on Program to the Ninth Circuit’s ruling in that end in ‘‘points)’’; March 31, 2005. This rule also amends Alaska v. Babbitt. Consistent with I B. In paragraph (c), removing the the Customary and Traditional Use Subparts A, B, and C of these symbol ‘‘§’’; and Determinations of the Federal regulations as revised May 7, 2002 (67 ll Subsistence Board (Section .24 of FR 30559), the Departments established I C. Revising the introductory text to Subpart C). read as follows: a Federal Subsistence Board to DATES: Sections ll.24(a)(2) and (3) are administer the Federal Subsistence § 669.21 What selection criteria does the effective April 1, 2005. Sections ll.27 Management Program. The Board’s Secretary use? and ll.28 are effective April 1, 2005, composition includes a Chair appointed through March 31, 2006. by the Secretary of the Interior with The Secretary evaluates an FOR FURTHER INFORMATION CONTACT: concurrence of the Secretary of application on the basis of the criteria Chair, Federal Subsistence Board, c/o Agriculture; the Alaska Regional in this section. U.S. Fish and Wildlife Service, Director, U.S. Fish and Wildlife Service; * * * * * Attention: Thomas H. Boyd, Office of the Alaska Regional Director, U.S. [FR Doc. 05–5547 Filed 3–18–05; 8:45 am] Subsistence Management; (907) 786– National Park Service; the Alaska State 3888. For questions specific to National Director, U.S. Bureau of Land BILLING CODE 4000–01–P Forest System lands, contact Steve Management; the Alaska Regional Kessler, Regional Subsistence Program Director, U.S. Bureau of Indian Affairs; Manager, USDA, Forest Service, Alaska and the Alaska Regional Forester, USDA Region, (907) 786–3592. Forest Service. Through the Board, these SUPPLEMENTARY INFORMATION: agencies participated in the development of regulations for Subparts Background A, B, and C, and the annual Subpart D Title VIII of the Alaska National regulations. Interest Lands Conservation Act All Board members have reviewed (ANILCA) (16 U.S.C. 3111–3126) this rule and agree with its substance. requires that the Secretary of the Interior Because this rule relates to public lands and the Secretary of Agriculture managed by agencies in both the (Secretaries) implement a joint program Departments of Agriculture and the to grant a preference for subsistence Interior, identical text will be uses of fish and wildlife resources on incorporated into 36 CFR part 242 and public lands, unless the State of Alaska 50 CFR part 100.

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Applicability of Subparts A, B, and C Subpart D regulations are subject to Kuskokwim Rivers. The Board rejected Subparts A, B, and C (unless an annual cycle and require these proposals because the current otherwise amended) of the Subsistence development of an entire new rule each schedules are a result of a Management Regulations for Public year. Customary and traditional use coordinated effort by users and Lands in Alaska, 50 CFR 100.1 to 100.23 determinations are also subject to an government bodies to rebuild depressed annual review process providing for salmon stocks and are for the long-term and 36 CFR 242.1 to 242.23, remain modification each year. We published benefit of all users. Additionally, in- effective and apply to this rule. proposed Subpart D regulations for the season managers already have the Therefore, all definitions located at 50 2005–06 seasons, harvest limits, and authority to relax schedules when run CFR 100.4 and 36 CFR 242.4 apply to methods and means on February 3, strength is adequate to allow additional regulations found in this subpart. 2004, in the Federal Register (69 FR harvest. Federal Subsistence Regional Advisory 5105). A 45-day comment period The Board rejected one proposal that Councils providing for public review of the would have removed the requirement for a Federal subsistence fishing permit Pursuant to the Record of Decision, proposed rule and calling for proposals for steelhead in the Yakutat Subsistence Management Regulations was advertised by mail, radio, and newspaper. During that period, the Management Area. This proposal was for Federal Public Lands in Alaska, Regional Councils met and, in addition rejected because the Board cited a need April 6, 1992, and the Subsistence to other Regional Council business, to have harvest data on a resource that Management Regulations for Federal received suggestions for proposals from is vulnerable to overharvest. Public Lands in Alaska, 36 CFR 242.11 the public. The Board received a total of The Board rejected one proposal and 242.22 (2002) and 50 CFR 100.11 30 proposals for changes to Customary contrary to the recommendation of the and 100.22 (2002), and for the purposes and Traditional Use Determinations or Regional Council in order to prevent identified therein, we divide Alaska into to Subpart D. Subsequent to the review detrimental impacts to subsistence users 10 subsistence resource regions, each of period, the Board prepared a booklet from harassment when taking resources which is represented by a Federal describing the proposals and distributed for ceremonial purposes and in order to Subsistence Regional Advisory Council it to the public. The public had an assure long-term conservation of the (Regional Council). The Regional additional 30 days in which to comment resources being used. Councils provide a forum for rural on the proposals for changes to the Two proposals rejected by the Board residents with personal knowledge of regulations. The 10 Regional Councils related to the incidental take of fish in local conditions and resource then met again, received public the Southeastern Alaska Area. The requirements to exercise a meaningful comments, and formulated their Board viewed these proposals as serving role in the subsistence management of recommendations to the Board on no useful purpose, addressing no fish and wildlife on Alaska public proposals for their respective regions. conservation concerns, being confusing lands. The Regional Council members One of the proposals was not to the users, and generally being represent varied geographical, cultural, considered, being withdrawn before unenforceable. and user diversity within each region. Board consideration. These final The Board rejected one proposal that The Regional Councils had a regulations reflect Board review and would have removed a closure substantial role in reviewing the consideration of Regional Council restriction in the Kutlaku Lake area. proposed rule (69 FR 5105, February 3, recommendations and public comments This proposal was rejected because of a 2004) and making recommendations for on the remaining proposals. continuing conservation concern for the this final rule. Moreover, the Council stocks of this system. Chairs, or their designated Analysis of Proposals Rejected by the The Board rejected one proposal that representatives, presented their Board would have placed additional harvest Council’s recommendations at the Board The Board rejected 11 proposals. With restrictions on steelhead in southeast meeting of January 11–13, 2005. one exception, all of these actions were Alaska. This proposal was rejected Summary of Changes based on recommendations from at least because the Board sees no immediate one Regional Council. conservation concern for steelhead and Section ll.24 (Customary and The Board rejected one proposal that thus the proposal would have placed traditional use determinations) was requested significant restrictions on the unnecessary restrictions on subsistence originally published in the Federal exercise of customary trade. The Board users. Register (57 FR 22940) on May 29, 1992. rejected this proposal as an unnecessary Analysis of Proposals Adopted by the Since that time, the Board has made a restriction on subsistence users. number of Customary and Traditional One proposal requested us to restrict Board Use Determinations at the request of the size of gillnets in the . The Board adopted 17 proposals. A impacted subsistence users. Those This proposal was rejected because it number of proposals dealing with the modifications, along with some would have resulted in Federal same issue were dealt with as a package. administrative corrections, were last regulations that are more restrictive than Some proposals were adopted as published in the Federal Register on State regulations and the Board viewed submitted and others were adopted with February 3, 2004 (69 FR 5105). During it as an unnecessary restriction on modifications suggested by the its January 11–13, 2005, meeting, the subsistence users. respective Regional Council or Board made new determinations in One proposal to establish a 6-day fall developed during the Board’s public addition to various annual season and season in Subdistrict 5D deliberations. harvest limit changes. The public has was rejected based on conservation All of the adopted proposals were had extensive opportunity to review and concerns and the ability of in-season recommended for adoption by at least comment on all changes. Additional managers to protect salmon runs for one of the Regional Councils and were details on the recent Board long-term subsistence opportunities. based on meeting customary and modifications are contained below in The Board rejected two proposals traditional uses, conforming with Analysis of Proposals Adopted by the requesting revisions to the subsistence harvest practices, or protecting fish Board. fishing schedule for the Yukon and populations. Detailed information

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relating to justification for the action on Bristol Bay Fishery Management Area • Provided harvest regulations for each proposal may be found in the The Board adopted one proposal cutthroat , , Dolly Board meeting transcripts, available for affecting residents of the Bristol Bay Varden, grayling, and . review at the Office of Subsistence Fishery Management Area, resulting in Additionally, following consultation Management, 3601 C Street, Suite 1030, the following change to the regulations with the Transboundary Panel and the Anchorage, Alaska, or on the Office of found in § ll.27. Pacific Salmon Commission, the Board Subsistence Management Web site • Removed the permit requirement has implemented regulations for the (http://alaska.fws.gov/asm/home.html). when harvesting char and rainbow subsistence harvest of chinook and coho Additional technical clarifications and trout. salmon in the Stikine River. removal of excess or duplicative text Administrative Procedure Act have been made, which result in a more Prince William Sound Fishery Compliance readable document. Management Area In the Cook Inlet Fishery Management The Board finds that additional public The Board adopted five proposals Area, we corrected the text to prohibit notice under the Administrative affecting residents of the Prince William the use of gillnets in freshwater. This Procedure Act (APA) for this final rule Sound Fishery Management Area, action is necessary to protect is unnecessary and contrary to the resulting in the following changes to the populations of rainbow trout, steelhead, public interest. The Board has provided regulations found in §§ ll.24 and and other freshwater species susceptible extensive opportunity for public input lll.27. to over harvest and was addressed in a and involvement in excess of standard • Established customary and Correcting Amendment published June APA requirements, including traditional use determinations for 28, 2000 (65 FR 39815). Through an participation in multiple Regional eulachon in portions of the fishery administrative error, we failed to carry Council meetings, additional public management area. through with this correction in later review and comment on all proposals • Revised the customary and rulemaking documents. There is no for regulatory change, and opportunity traditional use determination for salmon impact on subsistence users because no for additional public comment during in the Chitina and Glennallen one uses a gillnet to fish for smelt in the Board meeting prior to deliberation. Subdistricts of the fishery management freshwater in this area. Additionally, an administrative area. In the final rule, we deleted the mechanism exists (and has been used by • Established limits on the amount of reference to the Holitna River in the public) to request reconsideration of salmon that may be sold in customary § ll.27(h)(4) because the Holitna River the Board’s decision on any particular trade in the Upper is not within jurisdiction as identified proposal for regulatory change. Over the District. in § ll.3(b). Similarly, we also deleted 12 years the Program has been Additionally, the Board concurred in reference to Tuxedni Bay in operating, no benefit to the public has the correction of an administrative error § ll.24(a)(3). An opinion by the been demonstrated by delaying the relative to restrictions on the taking of Department of the Interior Solicitor’s effective date of regulations. A lapse in salmon in the Prince William Sound Office concluded that the boundaries of regulatory control could seriously affect Area. the Alaska Maritime National Wildlife the continued viability of fish and Refuge do not extend below mean high Southeastern Alaska Fishery shellfish populations, adversely impact tide and that those waters are not within Management Area future subsistence opportunities for Federal jurisdiction as identified in The Board adopted nine proposals rural Alaskans, and would generally fail ll § .3. When questions of jurisdiction affecting residents of the Southeastern to serve the overall public interest. are brought to our attention, we Alaska Fishery Management Area, Therefore, the Board finds good cause immediately review the issue and make resulting in the following changes to the pursuant to 5 U.S.C. 553(d) to make this any appropriate modifications to our regulations found in § ll.27. rule effective less than 30 days after regulations as we have done here. In • Revised regulations to allow fishing publication. addition, we revised the regulations with rod and reel within 300 feet of a pertaining to specific management areas Conformance With Statutory and fish ladder unless posted by the USDA Regulatory Authorities as follows: Forest Service. Yukon-Northern Fishery Management • Specified specific gear types National Environmental Policy Act Area allowable for the taking of salmon and Compliance steelhead. A Draft Environmental Impact The Board adopted one proposal • affecting residents of the Yukon- Established harvest limits for Statement (DEIS) for developing a sockeye salmon. Federal Subsistence Management Northern Fishery Management Area, • resulting in the following change to the Clarified that there are generally no Program was distributed for public ll harvest limits for pink or chum salmon. comment on October 7, 1991. That regulations found in § .27. • • Established a drift gillnet fishery for Established regulations for a document described the major issues king salmon in Districts 4B and 4C of southeast Alaska steelhead fishery. associated with Federal subsistence • the Yukon River. Provided for the use of handlines management as identified through for for salmon and steelhead. public meetings, written comments, and Kuskokwim Fishery Management Area Established a definition of snagging. staff analysis and examined the The Board adopted two proposals • Allowed the accumulation of environmental consequences of four affecting residents of the Kuskokwim subsistence harvest limits with sport alternatives. Proposed regulations Fishery Management Area, resulting in harvest limits. (Subparts A, B, and C) that would the following changes to the regulations • Simplified the harvest implement the preferred alternative found in § ll.24. regulations, removed the annual harvest were included in the DEIS as an • Revised the customary and limit, and removed the prohibition on appendix. The DEIS and the proposed traditional use determination for retaining incidentally-caught trout and administrative regulations presented a rainbow trout. sockeye salmon. framework for an annual regulatory

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cycle regarding subsistence hunting and Paperwork Reduction Act In general, the resources harvested fishing regulations (Subpart D). The under this rule will be consumed by the Final Environmental Impact Statement The information collection local harvester and do not result in a (FEIS) was published on February 28, requirements contained in this rule have dollar benefit to the economy. However, 1992. been approved by the Office of we estimate that 24 million pounds of Management and Budget (OMB) under Based on the public comment fish (including 8.3 million pounds of the Paperwork Reduction Act of 1995 received, the analysis contained in the salmon) are harvested by the local (44 U.S.C. 3501 et seq.) and assigned FEIS, and the recommendations of the subsistence users annually and, if given OMB control number 1018–0075, which Federal Subsistence Board and the a dollar value of $3.00 per pound for expires August 31, 2006. We may not Department of the Interior’s Subsistence salmon (Note: $3.00 per pound is much conduct or sponsor, and you are not Policy Group, the Secretary of the higher than the current commercial required to respond to, a collection of Interior, with the concurrence of the value for salmon) and $0.58 per pound information request unless it displays a Secretary of Agriculture, through the for other fish, would equate to about $34 currently valid OMB control number. U.S. Department of Agriculture-Forest million in food value Statewide. Service, implemented Alternative IV as Other Requirements Title VIII of ANILCA requires the identified in the DEIS and FEIS (Record Secretaries to administer a subsistence of Decision on Subsistence Management Regulatory Planning and Review preference on public lands. The scope of for Federal Public Lands in Alaska (Executive Order 12866)—In accordance this program is limited by definition to (ROD), signed April 6, 1992). The DEIS with the criteria in Executive Order certain public lands. Likewise, these and the selected alternative in the FEIS 12866, this rule is not a significant regulations have no potential takings of defined the administrative framework of regulatory action subject to OMB private property implications as defined an annual regulatory cycle for review. OMB makes this determination. by Executive Order 12630. The Service has determined and subsistence hunting and fishing This action will not have an annual certifies pursuant to the Unfunded regulations. The final rule for economic effect of $100 million or Mandates Reform Act, 2 U.S.C. 1502 et Subsistence Management Regulations adversely affect any economic sector, seq., that this rulemaking will not for Public Lands in Alaska, Subparts A, productivity, competition, jobs, the impose a cost of $100 million or more B, and C (57 FR 22940, published May environment, or other units of in any given year on local or State 29, 1992; amended January 8, 1999, 64 government. Therefore, a cost-benefit governments or private entities. The FR 1276; June 12, 2001, 66 FR 31533; and economic analysis is not required. implementation of this rule is by and May 7, 2002, 67 FR 30559) This action will not create inconsistencies with other agencies’ Federal agencies, and no cost is implemented the Federal Subsistence involved to any State or local entities or Management Program and included a actions or otherwise interfere with an action taken or planned by another Tribal governments. framework for an annual cycle for The Service has determined that these subsistence hunting and fishing agency. This action will not materially affect entitlements, grants, user fees, final regulations meet the applicable regulations. standards provided in Sections 3(a) and An environmental assessment was loan programs, or the rights and obligations of their recipients. This 3(b)(2) of Executive Order 12988 (Civil prepared in 1997 on the expansion of Justice Reform). Federal jurisdiction over and is action will not raise novel legal or policy issues. In accordance with Executive Order available by contacting the office listed 13132, the rule does not have sufficient under FOR FURTHER INFORMATION The Regulatory Flexibility Act of 1980 federalism implications to warrant the CONTACT. The Secretary of the Interior, (5 U.S.C. 601 et seq.) requires preparation of a Federalism Assessment. with the concurrence of the Secretary of preparation of flexibility analyses for Title VIII of ANILCA precludes the State Agriculture, determined that the rules that will have a significant from exercising management authority expansion of Federal jurisdiction did economic effect on a substantial number over wildlife resources on Federal not constitute a major Federal action of small entities, which include small lands. significantly affecting the human businesses, organizations, or In accordance with the President’s environment and has therefore signed a governmental jurisdictions. The memorandum of April 29, 1994, Finding of No Significant Impact. Departments have determined that this ‘‘Government-to-Government Relations rulemaking will not have a significant with Native American Tribal Compliance With Section 810 of economic effect on a substantial number ANILCA Governments’’ (59 FR 22951), 512 DM 2, of small entities within the meaning of and E.O. 13175, we have evaluated The intent of all Federal subsistence the Regulatory Flexibility Act. possible effects on Federally recognized regulations is to accord subsistence uses This rulemaking will impose no Indian tribes and have determined that of fish and wildlife on public lands a significant costs on small entities; the there are no effects. The Bureau of priority over the taking of fish and exact number of businesses and the Indian Affairs is a participating agency wildlife on such lands for other amount of trade that will result from in this rulemaking. purposes, unless restriction is necessary this Federal land-related activity is On May 18, 2001, the President issued to conserve healthy fish and wildlife unknown. The aggregate effect is an Executive Order 13211 on regulations populations. A Section 810 analysis was insignificant positive economic effect on that significantly affect energy supply, completed as part of the FEIS process. a number of small entities, such as distribution, or use. This Executive The final Section 810 analysis tackle, boat, and gasoline dealers. The Order requires agencies to prepare determination appeared in the April 6, number of small entities affected is Statements of Energy Effects when 1992, ROD, which concluded that the unknown; however, the fact that the undertaking certain actions. As this rule Federal Subsistence Management positive effects will be seasonal in is not a significant regulatory action Program may have some local impacts nature and will, in most cases, merely under Executive Order 13211, affecting on subsistence uses, but the program is continue preexisting uses of public energy supply, distribution, or use, this not likely to significantly restrict lands indicates that the effects will not action is not a significant action and no subsistence uses. be significant. Statement of Energy Effects is required.

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Drafting Information forests, Public lands, Reporting and Authority: 16 U.S.C. 3, 472, 551, 668dd, William Knauer drafted these recordkeeping requirements, Wildlife. 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. regulations under the guidance of 50 CFR Part 100 Thomas H. Boyd, of the Office of Subpart C—Board Determinations Subsistence Management, Alaska Administrative practice and Regional Office, U.S. Fish and Wildlife procedure, Alaska, Fish, National I Service, Anchorage, Alaska. Taylor forests, Public lands, Reporting and 2. In Subpart C of 36 CFR part 242 and Brelsford, Alaska State Office, Bureau of recordkeeping requirements, Wildlife. 50 CFR part 100, ll.24(a)(2) and (3) are Land Management; Rod Simmons, revised to read as follows: I Alaska Regional Office, U.S. Fish and For the reasons set out in the preamble, the Federal Subsistence Board amends § ll.24 Customary and traditional use Wildlife Service; Bob Gerhard, Alaska determinations. Regional Office, National Park Service; Title 36, part 242, and Title 50, part 100, Dr. Glenn Chen, Alaska Regional Office, of the Code of Federal Regulations, as set (a) * * * forth below. Bureau of Indian Affairs; and Steve (2) Fish determinations. The Kessler, USDA-Forest Service, provided PART ll—SUBSISTENCE following communities and areas have additional guidance. MANAGEMENT REGULATIONS FOR been found to have a positive customary List of Subjects PUBLIC LANDS IN ALASKA and traditional use determination in the listed area for the indicated species: 36 CFR Part 242 I 1. The authority citation for both 36 Administrative practice and CFR Part 242 and 50 CFR Part 100 procedure, Alaska, Fish, National continues to read as follows:

Area Species Determination

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

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Area Species Determination

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

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Area Species Determination

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

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Area Species Determination

District 10—West of a line from Pinta Point Salmon, Dolly Varden, trout, smelt, and Residents of the City of Kake and in Kupreanof to False Point Pybus. eulachon. Island drainages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 12—South of a line from Fishery Salmon, Dolly Varden, trout, smelt, and Residents of the City of Angoon and along the Point to south Passage Point and north of eulachon. western shore of Admiralty Island north of the the latitude of Point Caution. latitude of Sand Island, south of the latitude of Thayer Creek, and west of 134°30′ West lon- gitude, including Killisnoo Island. District 13—Section 13A south of the latitude Salmon, Dolly Varden, trout, smelt, and Residents of the City and Borough of Sitka in of Cape Edward. eulachon. drainages that empty into Section 13B north of the latitude of Dorothy Narrows. District 13—Section 13B north of the latitude Salmon, Dolly Varden, trout, smelt, and Residents of the City and Borough of Sitka in of Redfish Cape. eulachon. drainages that empty into Section 13B north of the latitude of Dorothy Narrows. District 13—Section 13C ...... Salmon, Dolly Varden, trout, smelt, and Residents of the City and Borough of Sitka in eulachon. drainages that empty into Section 13B north of the latitude of Dorothy Narrows. District 13—Section 13C east of the lon- Salmon, Dolly Varden, trout, smelt, and Residents of the City of Angoon and along the gitude of Point Elizabeth. eulachon. western shore of Admiralty Island north of the latitude of Sand Island, south of the latitude of Thayer Creek, and west of 134°30′ West lon- gitude, including Killisnoo Island. District 14—Section 14B and 14C ...... Salmon, Dolly Varden, trout, smelt, and Residents of the City of Hoonah and in eulachon. Chichagof Island drainages on the eastern shore of Port Frederick from Gartina Creek to Point Sophia. Remainder of the Southeastern Alaska Area Salmon, Dolly Varden, trout, smelt, and Residents of Southeastern Alaska and Yakutat eulachon. Areas.

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

Area Species Determination

BERING SEA AREA ...... All shellfish ...... Residents of the Area. ALASKA PENINSULA—ALEUTIAN ISLANDS Shrimp, Dungeness, king, and Tanner Residents of the Alaska Peninsula-Aleutian Is- AREA. crab. lands Area. KODIAK AREA ...... Shrimp, Dungeness, and Tanner crab ..... Residents of the Kodiak Area. Kodiak Area, except for the Semidi Island, King crab ...... Residents of the Kodiak Island Borough, except the North Mainland, and the South Main- those residents on the Kodiak Coast Guard land Sections. base. COOK INLET AREA: Federal waters in the Tuxedni Bay Area Shellfish ...... Residents of Tuxedni Bay, Chisik Island, and within the boundaries of Lake Clark Na- Tyonek. tional Park. PRINCE WILLIAM SOUND AREA...... Shrimp, clams, Dungeness, king, and Residents of the Prince William Sound Area. Tanner crab. SOUTHEASTERN ALASKA—YAKUTAT AREA: Section 1E south of the latitude of Grant Is- Shellfish, except shrimp, king crab, and Residents of the Southeast Area. land light. Tanner crab. Section 1F north of the latitude of the north- Shellfish, except shrimp, king crab, and Residents of the Southeast Area. ernmost tip of Mary Island, waters of Boca Tanner crab. de Quadra. Section 3A and 3B ...... Shellfish, except shrimp, king crab, and Residents of the Southeast Area. Tanner crab. District 13 ...... Dungeness crab, shrimp, , sea Residents of the Southeast Area. cucumbers, gum boots, cockles, and clams, except geoducks.

* * * * * § ll.27 Subsistence taking of fish. The harvest limit specified in this I 3. In Subpart D of 36 CFR part 242 and (a) Applicability. (1) Regulations in section for a subsistence season for a 50 CFR part 100, ll.27 and ll.28 are this section apply to the taking of fish species and the State harvest limit set added effective March 1, 2005, through or their parts for subsistence uses. for a State season for the same species March 31, 2006, to read as follows: (2) You may take fish for subsistence are not cumulative, except as modified uses at any time by any method unless by regulations in § ll.27(i). This you are restricted by the subsistence means that if you have taken the harvest fishing regulations found in this section. limit for a particular species under a

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

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requirement and the responsibility to (19) Provisions on ADF&G subsistence to an organization that has been granted ensure the household limit is not fishing permits that are more restrictive a Federal subsistence permit for a exceeded rest with the seller. or in conflict with the provisions similar event within the previous 5 (13) No sale to, nor purchase by, contained in this section do not apply years. A qualifying program must have fisheries businesses. to Federal subsistence users. instructors, enrolled students, minimum (i) You may not sell fish, their parts, (20) You may not intentionally waste attendance requirements, and standards or their eggs taken under the regulations or destroy any subsistence-caught fish for successful completion of the course. in this part to any individual, business, or shellfish; however, you may use for Applications must be submitted to the or organization required to be licensed bait or other purposes, whitefish, Office of Subsistence Management 60 as a fisheries business under Alaska herring, and species for which harvest days prior to the earliest desired date of Statute AS 43.75.011 (commercial limits, seasons, or other regulatory harvest. Permits will be issued for no limited-entry permit or crew license methods and means are not provided in more than 25 fish per culture/education holders excluded) or to any other this section, as well as the head, tail, camp. Appeal of a rejected request can business as defined under Alaska fins, and viscera of legally taken be made to the Federal Subsistence Statute 43.70.110(1) as part of its subsistence fish. Board. Application for an initial permit business transactions. (21) The taking of fish from waters for a qualifying cultural/educational (ii) If you are required to be licensed within Federal jurisdiction is authorized program, for a permit when the as a fisheries business under Alaska outside of published open seasons or circumstances have changed Statute AS 43.75.011 (commercial harvest limits if the harvested fish will significantly, when no permit has been limited-entry permit or crew license be used for food in traditional or issued within the previous 5 years, or holders excluded) or are a business as religious ceremonies that are part of when there is a request for harvest in defined under Alaska Statute funerary or mortuary cycles, including excess of that provided in this 43.70.110(1), you may not purchase, memorial potlatches, provided that: paragraph (e)(2), will be considered by receive, or sell fish, their parts, or their (i) Prior to attempting to take fish, the the Federal Subsistence Board. eggs taken under the regulations in this person (or designee) or Tribal (3) If a subsistence fishing permit is part as part of your business Government organizing the ceremony required by this section, the following transactions. contacts the appropriate Federal permit conditions apply unless (14) Except as provided elsewhere in fisheries manager to provide the nature otherwise specified in this section: this section, you may not take rainbow/ of the ceremony, the parties and/or (i) You may not take more fish for steelhead trout. clans involved, the species and the subsistence use than the limits set out (15) You may not use fish taken for number of fish to be taken, and the in the permit; subsistence use or under subsistence Federal waters from which the harvest (ii) You must obtain the permit prior regulations in this part as bait for will occur; to fishing; commercial or sport fishing purposes. (ii) The taking does not violate (iii) You must have the permit in your (16) [Reserved]. recognized principles of fisheries possession and readily available for (17) Unless specified otherwise in this conservation, and uses the methods and inspection while fishing or transporting section, you may use a rod and reel to means allowable for the particular subsistence-taken fish; take fish without a subsistence fishing species published in the applicable (iv) If specified on the permit, you permit. Harvest limits applicable to the Federal regulations (the Federal must record, prior to leaving the harvest use of a rod and reel to take fish for fisheries manager will establish the site, daily records of the catch, showing subsistence uses shall be as follows: number, species, or place of taking if the number of fish taken by species, (i) If you are required to obtain a necessary for conservation purposes); location and date of catch, and other subsistence fishing permit for an area, (iii) Each person who takes fish under such information as may be required for that permit is required to take fish for this section must, as soon as practical, management or conservation purposes; subsistence uses with rod and reel in and not more than 15 days after the and that area. The harvest and possession harvest, submit a written report to the (v) If the return of catch information limits for taking fish with a rod and reel appropriate Federal fisheries manager, necessary for management and in those areas are the same as indicated specifying the harvester’s name and conservation purposes is required by a on the permit issued for subsistence address, the number and species of fish fishing permit and you fail to comply fishing with other gear types; taken, and the date and locations of the with such reporting requirements, you (ii) Except as otherwise provided for taking; and are ineligible to receive a subsistence in this section, if you are not required (iv) No permit is required for taking permit for that activity during the to obtain a subsistence fishing permit under this section; however, the following calendar year, unless you for an area, the harvest and possession harvester must be eligible to harvest the demonstrate that failure to report was limits for taking fish for subsistence resource under Federal regulations. due to loss in the mail, accident, uses with a rod and reel are the same (d) [Reserved]. sickness, or other unavoidable as for taking fish under State of Alaska (e) Fishing permits and reports. (1) circumstances. You must also return subsistence fishing regulations in those You may take salmon only under the any tags or transmitters that have been same areas. If the State does not have a authority of a subsistence fishing attached to fish for management and specific subsistence season and/or permit, unless a permit is specifically conservation purposes. harvest limit for that particular species, not required in a particular area by the (f) Relation to the limit shall be the same as for taking subsistence regulations in this part, or activities. (1) If you are a Federally- fish under State of Alaska sport fishing unless you are retaining salmon from qualified subsistence user who also regulations. your commercial catch consistent with commercial fishes, you may retain fish (18) Unless restricted in this section, paragraph (f) of this section. for subsistence purposes from your or unless restricted under the terms of (2) The U.S. Fish and Wildlife Service lawfully-taken commercial catch. a subsistence fishing permit, you may Office of Subsistence Management may (2) When participating in a take fish for subsistence uses at any issue a permit to harvest fish for a commercial and subsistence fishery at time. qualifying cultural/educational program the same time, you may not use an

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amount of combined fishing gear in stretched-mesh size that does not (C) In District 6, excluding the excess of that allowed under the exceed 41⁄2 inches, and with beach Kantishna River drainage, salmon may appropriate commercial fishing seines; be taken from 6 p.m. Friday until 6 p.m. regulations. (B) In the Unalakleet River from June Wednesday. (g) You may not possess, transport, 1 through July 15, you may take salmon (iv) During any State commercial give, receive, or barter subsistence-taken only from 8 a.m. Monday until 8 p.m. salmon fishing season closure of greater fish or their parts which have been Saturday. than five days in duration, you may not taken contrary to Federal law or (iii) You may take salmon only by take salmon during the following regulation or State law or regulation gillnets, beach seines, fishwheel, or a periods in the following districts: (unless superseded by regulations in rod and reel. (A) In District 4, excluding the this part). (iv) You may take fish other than Koyukuk River drainage, salmon may (h) [Reserved] salmon by set gillnet, drift gillnet, beach not be taken from 6 p.m. Friday until 6 (i) Fishery management area seine, fish wheel, pot, long line, fyke p.m. Sunday; restrictions. (1) Kotzebue Area. The net, jigging gear, spear, lead, or a rod (B) In District 5, excluding the Tozitna Kotzebue Area includes all waters of and reel. River drainage and Subdistrict 5D, Alaska between the latitude of the (v) In the Unalakleet River from June salmon may not be taken from 6 p.m. westernmost tip of Point Hope and the 1 through July 15, you may not operate Sunday until 6 p.m. Tuesday. latitude of the westernmost tip of Cape more than 25 fathoms of gillnet in the (v) Except as provided in this section, Prince of Wales, including those waters aggregate nor may you operate an and except as may be provided by the draining into the Chukchi Sea. unanchored gillnet. terms of a subsistence fishing permit, (i) You may take fish for subsistence (vi) You must have a subsistence you may take fish other than salmon at purposes without a permit. fishing permit for net fishing in all any time. (ii) You may take salmon only by waters from Cape Douglas to Rocky (vi) In Districts 1, 2, 3, and Subdistrict gillnets, beach seines, or a rod and reel. 4A, excluding the Koyukuk and Innoko (iii) In the Kotzebue District, you may Point. (vii) Only one subsistence fishing River drainages, you may not take take sheefish with gillnets that are not salmon for subsistence purposes during more than 50 fathoms in length, nor permit will be issued to each household per year. the 24 hours immediately before the more than 12 meshes in depth, nor have opening of the State commercial salmon a stretched-mesh size larger than 7 (3) Yukon-Northern Area. The Yukon- Northern Area includes all waters of fishing season. inches. (vii) In Districts 1, 2, and 3: Alaska between the latitude of Point (iv) You may not obstruct more than (A) After the opening of the State Romanof and the latitude of the one-half the width of a stream, creek, or commercial salmon fishing season westernmost point of the Naskonat slough with any gear used to take fish through July 15, you may not take Peninsula, including those waters for subsistence uses, except from May salmon for subsistence for 18 hours draining into the Bering Sea, and all 15 to July 15 and August 15 to October immediately before, during, and for 12 waters of Alaska north of the latitude of 31 when taking whitefish or pike in hours after each State commercial the westernmost tip of Point Hope and streams, creeks, or sloughs within the ° salmon fishing period; Kobuk River drainage and from May 15 west of 141 West longitude, including (B) After July 15, you may not take to October 31 in the Selawik River those waters draining into the Arctic salmon for subsistence for 12 hours drainage. Only one gillnet 100 feet or Ocean and the Chukchi Sea. immediately before, during, and for 12 less in length with a stretched-mesh size (i) Unless otherwise restricted in this hours after each State commercial 1 1 section, you may take fish in the Yukon- from 2 ⁄2 to 4 ⁄2 inches may be used per salmon fishing period. site. You must check your net at least Northern Area at any time. You may (viii) In Subdistrict 4A after the once in every 24-hour period. subsistence fish for salmon with rod and opening of the State commercial salmon (2) Norton Sound-Port Clarence Area. reel in the Yukon River drainage 24 fishing season, you may not take salmon The Norton Sound-Port Clarence Area hours per day, 7 days per week, unless for subsistence for 12 hours includes all waters of Alaska between rod and reel are specifically otherwise immediately before, during, and for 12 the latitude of the westernmost tip of restricted in § ll.27(i)(3). hours after each State commercial Cape Prince of Wales and the latitude of (ii) For the Yukon River drainage, salmon fishing period; however, you Point Romanof, including those waters Federal subsistence fishing schedules, may take during the of Alaska surrounding St. Lawrence openings, closings, and fishing methods State commercial fishing season, with Island and those waters draining into are the same as those issued for the drift gillnet gear only, from 6 p.m. the Bering Sea. subsistence taking of fish under Alaska Sunday until 6 p.m. Tuesday and from (i) Unless otherwise restricted in this Statutes (AS 16.05.060), unless 6 p.m. Wednesday until 6 p.m. Friday. section, you may take fish at any time superseded by a Federal Special Action. (ix) You may not subsistence fish in in the Port Clarence District. (iii) In the following locations, you the following drainages located north of (ii) In the Norton Sound District, you may take salmon during the open the main Yukon River: may take fish at any time except as weekly fishing periods of the State (A) Kanuti River upstream from a follows: commercial salmon fishing season and point 5 miles downstream of the State (A) In Subdistricts 2 through 6, if you may not take them for 24 hours before highway crossing; are a commercial fishermen, you may the opening of the State commercial (B) Bonanza Creek; not fish for subsistence purposes during salmon fishing season: (C) Jim River including Prospect and the weekly closures of the State (A) In District 4, excluding the Douglas Creeks. commercial salmon fishing season, Koyukuk River drainage; (x) You may not subsistence fish in except that from July 15 through August (B) In Subdistricts 4B and 4C from the Delta River. 1, you may take salmon for subsistence June 15 through September 30, salmon (xi) In Beaver Creek downstream from purposes 7 days per week in the may be taken from 6 p.m. Sunday until the confluence of Moose Creek, a gillnet Unalakleet and Shaktoolik River 6 p.m. Tuesday and from 6 p.m. with mesh size not to exceed 3-inches drainages with gillnets which have a Wednesday until 6 p.m. Friday; stretch-measure may be used from June

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

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and for 6 hours after each State open (B) You may not use gillnets, dip nets, (xi) You may not operate or assist in commercial salmon fishing period. or fyke nets for targeting rainbow trout operating subsistence salmon net gear (viii) You may not take subsistence from March 15 through June 15; while simultaneously operating or fish by nets in the Kanektok River (C) If you take rainbow trout assisting in operating commercial upstream of ADF&G regulatory markers incidentally in other subsistence net salmon net gear. placed near the mouth 16 hours before fisheries and through the ice, you may (xii) During State closed commercial or during, and for 6 hours after each retain them for subsistence purposes; herring fishing periods, you may not use State open commercial salmon fishing (D) There are no harvest limits with gillnets exceeding 25 fathoms in length period. handline, spear, rod and reel, or jigging. for the subsistence taking of herring or (ix) You may not take subsistence fish (5) Bristol Bay Area. The Bristol Bay capelin. by nets in the Arolik River upstream of Area includes all waters of Bristol Bay, (xiii) You may take fish other than ADF&G regulatory markers placed near including drainages enclosed by a line salmon, herring, capelin, and halibut by the mouth 16 hours before or during, from Cape Newenham to Cape gear listed in this part unless restricted and for 6 hours after each State open Menshikof. under the terms of a subsistence fishing commercial salmon fishing period. (i) Unless restricted in this section, or permit. (x) You may only take salmon by unless under the terms of a subsistence (xiv) You may take salmon only under gillnet, beach seine, fish wheel, or rod fishing permit, you may take fish at any authority of a subsistence fishing and reel subject to the restrictions set time in the Bristol Bay area. permit. out in this section, except that you may (ii) In all State commercial salmon (xv) Only one subsistence fishing also take salmon by spear in the Holitna, districts, from May 1 through May 31 permit for salmon may be issued to each Kanektok, and Arolik River drainages, and October 1 through October 31, you household per year. and in the drainage of Goodnews Bay. may subsistence fish for salmon only (xvi) In the Togiak River section and (xi) You may not use an aggregate from 9 a.m. Monday until 9 a.m. Friday. the Togiak River drainage, you may not length of set gillnets or drift gillnets in From June 1 through September 30, possess coho salmon taken under the excess of 50 fathoms for taking salmon. within the waters of a commercial authority of a subsistence fishing permit (xii) You may take fish other than salmon district, you may take salmon unless both lobes of the caudal fin (tail) salmon by set gillnet, drift gillnet, beach only during State open commercial or the dorsal fin have been removed. seine, fish wheel, pot, long line, fyke salmon fishing periods. (xvii) You may take rainbow trout net, dip net, jigging gear, spear, lead, (iii) In the Egegik River from 9 a.m. only by rod and reel or jigging gear. handline, or rod and reel. June 23 through 9 a.m. July 17, you may Rainbow trout daily harvest and (xiii) You must attach to the bank take salmon only during the following possession limits are 2 per day/2 in each subsistence gillnet operated in times: from 9 a.m. Tuesday to 9 a.m. possession with no size limit from April tributaries of the Kuskokwim River and Wednesday and from 9 a.m. Saturday to 10 through October 31 and 5 per day/ fish it substantially perpendicular to the 9 a.m. Sunday. 5 in possession with no size limit from bank and in a substantially straight line. (iv) You may not take fish from waters November 1 through April 9. (xiv) Within a tributary to the within 300 feet of a stream mouth used (xviii) If you take rainbow trout Kuskokwim River in that portion of the by salmon. incidentally in other subsistence net Kuskokwim River drainage from the (v) You may not subsistence fish with fisheries, or through the ice, you may north end of Eek Island upstream to the nets in the Tazimina River and within retain them for subsistence purposes. mouth of the Kolmakoff River, you may one-fourth mile of the terminus of those (6) Aleutian Islands Area. The not set or operate any part of a set waters during the period from Aleutian Islands Area includes all gillnet within 150 feet of any part of September 1 through June 14. waters of Alaska west of the longitude another set gillnet. (vi) Within any district, you may take of the tip of Cape Sarichef, east of 172° (xv) The maximum depth of gillnets is salmon, herring, and capelin by drift East longitude, and south of 54°36′ as follows: and set gillnets only. North latitude. (A) Gillnets with 6-inch or smaller (vii) Outside the boundaries of any (i) You may take fish other than stretched-mesh may not be more than 45 district, you may take salmon by set salmon, rainbow/steelhead trout, or char meshes in depth; gillnet only, except that you may also at any time unless restricted under the (B) Gillnets with greater than 6-inch take salmon by spear in the Togiak terms of a subsistence fishing permit. If stretched-mesh may not be more than 35 River, excluding its tributaries. you take rainbow/steelhead trout meshes in depth. (viii) The maximum lengths for set incidentally in other subsistence net (xvi) You may take halibut only by a gillnets used to take salmon are as fisheries, you may retain them for single handheld line with no more than follows: subsistence purposes. two hooks attached to it. (A) You may not use set gillnets (ii) In the Unalaska District, you may (xvii) You may not use subsistence set exceeding 10 fathoms in length in the take salmon for subsistence purposes and drift gillnets exceeding 15 fathoms Egegik River; from 6 a.m. until 9 p.m. from January 1 in length in Whitefish Lake in the Ophir (B) In the remaining waters of the through December 31, except as may be Creek drainage. You may not operate area, you may not use set gillnets specified on a subsistence fishing more than one subsistence set or drift exceeding 25 fathoms in length. permit. gillnet at a time in Whitefish Lake in the (ix) You may not operate any part of (iii) In the Adak, Akutan, Atka-Amlia, Ophir Creek drainage. You must check a set gillnet within 300 feet of any part and Umnak Districts, you may take the net at least once every 24 hours. of another set gillnet. salmon at any time. (xviii) You may take rainbow trout (x) You must stake and buoy each set (iv) You may not subsistence fish for only in accordance with the following gillnet. Instead of having the identifying salmon in the following waters: restrictions: information on a keg or buoy attached (A) The waters of Unalaska Lake, its (A) You may take rainbow trout only to the gillnet, you may plainly and tributaries and outlet stream; by the use of gillnets, dip nets, fyke legibly inscribe your first initial, last (B) The waters of Summers and nets, handline, spear, rod and reel, or name, and subsistence permit number Morris Lakes and their tributaries and jigging through the ice; on a sign at or near the set gillnet. outlet streams;

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(C) All streams supporting net fisheries or through the ice, you may (ii) You may not take salmon in the anadromous fish runs that flow into retain them for subsistence purposes. Chignik River, upstream from the Unalaska Bay south of a line from the (ii) You may take salmon, trout, and ADF&G weir site or counting tower, in northern tip of Cape Cheerful to the char only under the authority of a Black Lake, or any tributary to Black northern tip of Kalekta Point; subsistence fishing permit. and Chignik Lakes. (D) Waters of McLees Lake and its (iii) You must keep a record on the (iii) You may take salmon, trout, and tributaries and outlet stream; reverse side of the permit of char only under the authority of a (E) All freshwater on Adak Island and subsistence-caught fish. You must subsistence fishing permit. Kagalaska Island in the Adak District. complete the record immediately upon (iv) You must keep a record on your (v) You may take salmon by seine and taking subsistence-caught fish and must permit of subsistence-caught fish. You gillnet, or with gear specified on a return it no later than October 31. must complete the record immediately subsistence fishing permit. (iv) You may take salmon at any time upon taking subsistence-caught fish and (vi) In the Unalaska District, if you except within 24 hours before and must return it no later than October 31. fish with a net, you must be physically within 12 hours following each State (v) If you hold a commercial fishing present at the net at all times when the open weekly commercial salmon fishing license, you may not subsistence fish for net is being used. period within a 50-mile radius of the salmon from 48 hours before the first (vii) You may take fish other than area open to commercial salmon fishing, State commercial salmon fishing salmon by gear listed in this part unless or as may be specified on a subsistence opening in the Chignik Area through restricted under the terms of a fishing permit. September 30. subsistence fishing permit. (v) You may not subsistence fish for (vi) You may take salmon by seines, (viii) You may take salmon, trout, and salmon in the following waters: gillnets, rod and reel, or with gear char only under the terms of a (A) Russell Creek and Nurse Lagoon specified on a subsistence fishing subsistence fishing permit, except that and within 500 yards outside the mouth permit, except that in Chignik Lake you you do not need a permit in the Akutan, of Nurse Lagoon; may not use purse seines. (B) Trout Creek and within 500 yards (vii) You may take fish other than Umnak, and Atka-Amlia Islands outside its mouth. salmon by gear listed in this part unless Districts. (vi) You may take salmon by seine, restricted under the terms of a (ix) You may take no more than 250 gillnet, rod and reel, or with gear subsistence fishing permit. salmon for subsistence purposes unless specified on a subsistence fishing (viii) You may take halibut for otherwise specified on the subsistence permit. subsistence purposes only by a single fishing permit, except that in the (vii) You may take fish other than handheld line with no more than two Unalaska and Adak Districts, you may salmon by gear listed in this part unless hooks attached. take no more than 25 salmon plus an restricted under the terms of a (ix) You may take no more than 250 additional 25 salmon for each member subsistence fishing permit. salmon for subsistence purposes unless of your household listed on the permit. (viii) You may not use a set gillnet otherwise specified on the subsistence You may obtain an additional permit. exceeding 100 fathoms in length. fishing permit. (x) You must keep a record on the (ix) You may take halibut for (x) The daily harvest limit for halibut reverse side of the permit of subsistence purposes only by a single is two fish, and the possession limit is subsistence-caught fish. You must handheld line with no more than two two daily harvest limits. You may not complete the record immediately upon hooks attached. possess sport-taken and subsistence- taking subsistence-caught fish and must (x) You may take no more than 250 taken halibut on the same day. return it no later than October 31. salmon for subsistence purposes unless (9) Kodiak Area. The Kodiak Area (xi) The daily harvest limit for halibut otherwise specified on your subsistence includes all waters of Alaska south of a is two fish, and the possession limit is fishing permit. line extending east from Cape Douglas two daily harvest limits. You may not (xi) The daily harvest limit for halibut (58°51.10′ North latitude), west of 150° possess sport-taken and subsistence- is two fish and the possession limit is West longitude, north of 55°30.00′ North taken halibut on the same day. two daily harvest limits. You may not latitude, and north and east of a line (7) Alaska Peninsula Area. The possess sport-taken and subsistence- extending 135° southeast for three miles Alaska Peninsula Area includes all taken halibut on the same day. from a point near Kilokak Rocks at waters of Alaska on the north side of the (8) Chignik Area. The Chignik Area 57°10.34′ North latitude, 156°20.22′ Alaska peninsula southwest of a line includes all waters of Alaska on the West longitude (the longitude of the from Cape Menshikof (57°28.34′ North south side of the Alaska Peninsula southern entrance of Imuya Bay), then latitude, 157°55.84′ West longitude) to bounded by a line extending 135° due south. Cape Newenham (58°39.00′ North southeast for 3 miles from a point near (i) You may take fish other than latitude, 162° West longitude) and east Kilokak Rocks at 57°10.34′ North salmon, rainbow/steelhead trout, char, of the longitude of Cape Sarichef Light latitude, 156°20.22′ West longitude (the bottomfish, or herring at any time unless (164°55.70′ West longitude) and on the longitude of the southern entrance to restricted by the terms of a subsistence south side of the Alaska Peninsula from Imuya Bay) then due south, and a line fishing permit. If you take rainbow/ a line extending from Scotch Cape extending 135°southeast from steelhead trout incidentally in other through the easternmost tip of Ugamak Kupreanof Point at 55°33.98′ North subsistence net fisheries, you may retain Island to a line extending 135° southeast latitude, 159°35.88′ West longitude. them for subsistence purposes. from Kupreanof Point (55°33.98′ North (i) You may take fish other than (ii) You may take salmon for latitude, 159°35.88′ West longitude). salmon, rainbow/steelhead trout, or char subsistence purposes 24 hours a day (i) You may take fish, other than at any time, except as may be specified from January 1 through December 31, salmon, rainbow/steelhead trout, or by a subsistence fishing permit. If you with the following exceptions: char, at any time unless restricted under take rainbow/steelhead trout (A) From June 1 through September the terms of a subsistence fishing incidentally in other subsistence net 15, you may not use salmon seine permit. If you take rainbow/steelhead fisheries, you may retain them for vessels to take subsistence salmon for 24 trout incidentally in other subsistence subsistence purposes. hours before or during, and for 24 hours

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after any State open commercial salmon (viii) You may take salmon only by (iv) In the Copper River drainage, you fishing period. The use of skiffs from gillnet, rod and reel, or seine. may take salmon only in the waters of any type of vessel is allowed; (ix) You must be physically present at the Upper Copper River District, or in (B) From June 1 through September the net when the net is being fished. the vicinity of the Native Village of 15, you may use purse seine vessels to (x) You may take halibut only by a Batzulnetas. You may accumulate take salmon only with gillnets, and you single handheld line with not more than harvest limits of salmon authorized for may have no other type of salmon gear two hooks attached to it. the Copper River drainage upstream on board the vessel. (xi) The daily harvest limit for halibut from Haley Creek with harvest limits for (iii) You may not subsistence fish for is two fish, and the possession limit is salmon authorized under State of Alaska salmon in the following locations: two daily harvest limits. You may not sport fishing regulations. (A) Womens Bay closed waters—all possess sport-taken and subsistence- (v) In the Upper Copper River District, waters inside a line from the tip of the taken halibut on the same day. you may take salmon only by fish ° ′ Nyman Peninsula (57 43.23 North (10) Cook Inlet Area. The Cook Inlet wheels, rod and reel, or dip nets. ° ′ latitude, 152 31.51 West longitude), to Area includes all waters of Alaska (vi) Rainbow/steelhead trout and the northeastern tip of Mary’s Island enclosed by a line extending east from other freshwater fish caught incidentally ° ′ ° ′ (57 42.40 North latitude, 152 32.00 Cape Douglas (58°51′06″ North latitude) to salmon by fish wheel in the Upper West longitude), to the southeastern and a line extending south from Cape Copper River District may be retained. ° ′ shore of Womens Bay at 57 41.95 North Fairfield (148°50′15″ West longitude). (vii) Freshwater fish other than ° ′ latitude, 152 31.50 West longitude; (i) Unless restricted in this section, or rainbow/steelhead trout caught (B) Buskin River closed waters—all unless restricted under the terms of a incidentally to salmon by dip net in the waters inside of a line running from a subsistence fishing permit, you may Upper Copper River District may be marker on the bluff north of the mouth take fish at any time in the Cook Inlet retained. Rainbow/steelhead trout of the Buskin River at approximately caught incidentally to salmon by dip net ° ′ ° ′ Area. If you take rainbow/steelhead 57 45.80 North latitude, 152 28.38 trout incidentally in other subsistence in the Upper Copper River District must West longitude, to a point offshore at net fisheries, you may retain them for be released unharmed to the water. ° ′ ° ′ (viii) You may not possess salmon 57 45.35 North latitude, 152 28.15 subsistence purposes. taken under the authority of an Upper West longitude, to a marker located (ii) You may not take grayling or Copper River District subsistence onshore south of the river mouth at burbot for subsistence purposes. ° ′ fishing permit, or rainbow/steelhead approximately 57 45.15 North latitude, (iii) You may take fish by gear listed ° ′ trout caught incidentally to salmon by 152 28.65 West longitude; in this part unless restricted in this (C) All waters closed to commercial fishwheel, unless the anal (ventral) fin section or under the terms of a salmon fishing within 100 yards of the has been immediately removed from the subsistence fishing permit (as may be terminus of Selief Bay Creek; fish. You must immediately record all modified by this section). (D) In Afognak Bay north and west of retained fish on the subsistence permit. (iv) You may only take salmon, Dolly a line from the tip of Last Point to the Immediately means prior to concealing Varden, trout, and char under authority tip of River Mouth Point; the fish from plain view or transporting of a Federal subsistence fishing permit. (E) From August 15 through the fish more than 50 feet from where Seasons, harvest and possession limits, September 30, all waters 500 yards the fish was removed from the water. seaward of the terminus of Little Kitoi and methods and means for take are the (ix) You may take salmon in the Creek; same as for the taking of those species Upper Copper River District from May (F) All freshwater systems of Afognak under Alaska sport fishing regulations 15 through September 30 only. Island. (5 AAC 56). (x) The total annual harvest limit for (iv) You must have a subsistence (v) You may only take smelt with dip subsistence salmon fishing permits in fishing permit for taking salmon, trout, nets in fresh water from April 1 through combination for the Glennallen and char for subsistence purposes. You June 15. There are no harvest or Subdistrict and the Chitina Subdistrict must have a subsistence fishing permit possession limits for smelt. is as follows: for taking herring and bottomfish for (vi) Gillnets may not be used in (A) For a household with 1 person, 30 subsistence purposes during the State freshwater, except for the taking of salmon, of which no more than 5 may commercial herring sac roe season from whitefish in the Tyone River drainage. be chinook salmon taken by dip net and April 15 through June 30. (11) Prince William Sound Area. The no more than 5 chinook taken by rod (v) With a subsistence salmon fishing Prince William Sound Area includes all and reel; permit you may take 25 salmon plus an waters and drainages of Alaska between (B) For a household with 2 persons, additional 25 salmon for each member the longitude of Cape Fairfield and the 60 salmon, of which no more than 5 of your household whose names are longitude of Cape Suckling. may be chinook salmon taken by dip net listed on the permit. You may obtain an (i) You may take fish, other than and no more than 5 chinook taken by additional permit if you can show that rainbow/steelhead trout, in the Prince rod and reel, plus 10 salmon for each more fish are needed. William Sound Area only under additional person in a household over 2 (vi) You must record on your authority of a subsistence fishing persons, except that the household’s subsistence permit the number of permit, except that a permit is not limit for chinook salmon taken by dip subsistence fish taken. You must required to take eulachon. net or rod and reel does not increase; complete the record immediately upon (ii) You may take fish by gear listed (C) Upon request, permits for landing subsistence-caught fish, and in paragraph (c)(1) of this part unless additional salmon will be issued for no must return it by February 1 of the year restricted in this section or under the more than a total of 200 salmon for a following the year the permit was terms of a subsistence fishing permit. permit issued to a household with 1 issued. (iii) If you catch rainbow/steelhead person, of which no more than 5 may (vii) You may take fish other than trout incidentally in other subsistence be chinook salmon taken by dip net and salmon and halibut by gear listed in this net fisheries, you may retain them for no more than 5 chinook taken by rod part unless restricted under the terms of subsistence purposes, unless restricted and reel, or no more than a total of 500 a subsistence fishing permit. in this section. salmon for a permit issued to a

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

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salmon, you may retain them for (viii) If you take salmon, trout, or char spears, gaffs, rod and reel, beach seine, subsistence purposes. You must report incidentally with gear operated under or gillnet not exceeding 15 fathoms in any salmon, trout, or char taken in this terms of a subsistence permit for other length with mesh size no larger than 51⁄2 manner on your permit calendar. salmon, they may be kept for inches may be used. (vi) You may take fish by gear listed subsistence purposes. You must report (A) You may take chinook salmon in this part unless restricted in this any salmon, trout, or char taken in this from May 15 through June 20. The section or under the terms of a manner on your subsistence fishing annual limit is 5 chinook salmon per subsistence fishing permit. permit. household. (vii) In the Situk River, each (ix) No permits for the use of nets will (B) You may take sockeye salmon subsistence salmon fishing permit be issued for the salmon streams from July 1 through July 31. The annual holder shall attend his or her gillnet at flowing across or adjacent to the road limit is 40 sockeye salmon per all times when it is being used to take systems within the city limits of household. salmon. Petersburg, Wrangell, and Sitka. (C) You may take coho salmon from (viii) You may block up to two-thirds (x) You shall immediately remove the August 15 through October 1. The of a stream with a gillnet or seine used pelvic fins of all salmon when taken. annual limit is 20 coho salmon per for subsistence fishing. (xi) You may not possess subsistence- household. (ix) You must remove the dorsal fin taken and sport-taken salmon on the (D) You may retain other salmon from subsistence-caught salmon when same day. taken incidentally by gear operated taken. (xii) If a harvest limit is not otherwise under terms of this permit. The ll (x) You may not possess subsistence- listed for sockeye in this § .27(i)(13), incidentally taken salmon must be taken and sport-taken salmon on the the harvest limit for sockeye salmon is reported on your permit calendar. (E) The total annual guideline harvest same day. the same as provided for State level for the Stikine River fishery is 125 (xi) You must possess a subsistence subsistence or personal use fisheries. If chinook, 600 sockeye, and 400 coho fishing permit to take Dolly Varden. The a harvest limit is not established for the salmon. All salmon harvested, including daily harvest and possession limit is 10 State subsistence or personal use incidentally taken salmon, will count Dolly Varden of any size. fisheries, the possession limit is 10 against the guideline for that species. (13) Southeastern Alaska Area. The sockeye and the annual harvest limit is 20 sockeye per household for that (xx) You may take coho salmon under Southeastern Alaska Area includes all the terms of a subsistence fishing waters between a line projecting stream. (xiii) For the Salmon Bay Lake permit, except in the Stikine and Taku southwest from the westernmost tip of system, the daily harvest and season Rivers. There is no closed season. The Cape Fairweather and Dixon Entrance. limit per household is 30 sockeye daily harvest limit is 20 coho salmon (i) Unless restricted in this section or salmon. per household. Only dipnets, spears, under the terms of a subsistence fishing (xiv) For Virginia Lake (Mill Creek), gaffs, handlines, and rod and reel may permit, you may take fish other than the daily harvest limit per household is be used. Bait may only be used from salmon, trout, grayling, and char in the 20 sockeye salmon, and the season limit September 15 through November 15. Southeastern Alaska Area at any time. per household is 40 sockeye salmon. (xxi) Unless noted on a Federal (ii) You must possess a subsistence (xv) For Thoms Creek, the daily subsistence harvest permit, there are no fishing permit to take salmon, trout, harvest limit per household is 20 harvest limits for pink or chum salmon. grayling, or char. You must possess a sockeye salmon, and the season limit (xxii) Unless otherwise specified in subsistence fishing permit to take per household is 40 sockeye salmon. this § ll.27(i)(13), you may take eulachon from any freshwater stream (xvi) The Sarkar River system above steelhead under the terms of a flowing into fishing Sections 1C or 1D. the bridge is closed to the use of all nets subsistence fishing permit. The open (iii) In the Southeastern Alaska Area, by both Federally-qualified and non- season is January 1 through May 31. The a rainbow trout is defined as a fish of Federally qualified users. daily household harvest and possession the species Oncorhyncus mykiss less (xvii) Only Federally-qualified limit is one with an annual household than 22 inches in overall length. A subsistence users may harvest sockeye limit of two. You may only use a dip steelhead is defined as a rainbow trout salmon in streams draining into Falls net, gaff, handline, spear, or rod and reel with an overall length of 22 inches or Lake Bay, Gut Bay, or Pillar Bay. In the with artificial lure or fly. You may not larger. Falls Lake Bay and Gut Bay drainages, use bait. The permit conditions and (iv) Unless otherwise specified in this the possession limit is 10 sockeye systems to receive special protection § ll.27(i)(13), allowable gear for salmon per household. In the Pillar Bay will be determined by the local Federal salmon or steelhead is restricted to gaffs, drainage, the individual possession fisheries manager in consultation with spears, gillnets, seines, dip nets, cast limit is 15 sockeye salmon with a ADF&G. nets, handlines, or rod and reel. household possession limit of 25 (xxiii) You may take steelhead trout (v) Unless otherwise specified in this sockeye salmon. on Prince of Wales and Kosciusko § ll.27(i)(13), you may use a handline (xviii) From July 7 through July 31, Islands under the terms of Federal for snagging salmon or steelhead. you may take sockeye salmon in the subsistence fishing permits. You must (vi) You may fish with a rod and reel waters of the Klawock River and obtain a separate permit for the winter within 300 feet of a fish ladder unless Klawock Lake only from 8 a.m. Monday and spring seasons. the site is otherwise posted by the until 5 p.m. Friday. (A) The winter season is December 1 USDA Forest Service. You may not fish (xix) You may take chinook, sockeye, through the last day of February, with from, on, or in a fish ladder. and coho salmon in the mainstem of the a harvest limit of 2 fish per household. (vii) You may accumulate annual Stikine River only under the authority You may use only a dip net, handline, Federal subsistence harvest limits of a Federal subsistence fishing permit. spear, or rod and reel with artificial lure authorized for the Southeastern Alaska Each Stikine River permit will be issued or fly. You may not use bait. The winter Area with harvest limits authorized to a household and will be valid for 15 season may be closed when the harvest under State of Alaska sport fishing days. Permits may be revalidated for level cap of 100 steelhead for Prince of regulations. additional 15-day periods. Only dipnets, Wales/Kosciusko Islands has been

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reached. You must return your winter of the public lands by any method (e) Taking shellfish by designated season permit within 15 days of the unless restricted by this section. harvest permit. (1) Any species of close of the season and before receiving (d) Methods, means, and general shellfish that may be taken by another permit for a Prince of Wales/ restrictions. (1) The harvest limit subsistence fishing under this part may Kosciusko steelhead subsistence fishery. specified in this section for a be taken under a designated harvest The permit conditions and systems to subsistence season for a species and the permit. receive special protection will be State harvest limit set for a State season (2) If you are a Federally-qualified determined by the local Federal for the same species are not cumulative. subsistence user (beneficiary), you may fisheries manager in consultation with This means that if you have taken the designate another Federally-qualified ADF&G. harvest limit for a particular species subsistence user to take shellfish on (B) The spring season is March 1 under a subsistence season specified in your behalf. The designated fisherman through May 31, with a harvest limit of this section, you may not, after that, take must obtain a designated harvest permit 5 fish per household. You may use only any additional shellfish of that species prior to attempting to harvest shellfish a dip net, handline, spear, or rod and under any other harvest limit specified and must return a completed harvest reel with artificial lure or fly. You may for a State season. report. The designated fisherman may not use bait. The spring season may be (2) Unless otherwise provided in this harvest for any number of beneficiaries closed prior to May 31 if the harvest section or under terms of a required but may have no more than two harvest quota of 600 fish minus the number of subsistence fishing permit (as may be limits in his/her possession at any one steelhead harvested in the winter modified by this section), you may use time. subsistence steelhead fishery is reached. the following legal types of gear to take (3) The designated fisherman must You must return your spring season shellfish: have in possession a valid designated permit within 15 days of the close of the (i) Abalone iron; harvest permit when taking, attempting (ii) Diving gear; season and before receiving another to take, or transporting shellfish taken (iii) A grappling hook; under this section, on behalf of a permit for a Prince of Wales/Kosciusko (iv) A handline; steelhead subsistence fishery. The beneficiary. (v) A hydraulic clam digger; (4) You may not fish with more than permit conditions and systems to (vi) A mechanical clam digger; receive special protection will be (vii) A pot; one legal limit of gear as established by determined by the local Federal (viii) A ring net; this section. fisheries manager in consultation with (ix) A scallop dredge; (5) You may not designate more than ADF&G. (x) A sea urchin rake; one person to take or attempt to take (xxiv) In addition to the requirement (xi) A shovel; and shellfish on your behalf at one time. for a Federal subsistence fishing permit, (xii) A trawl. You may not personally take or attempt the following restrictions for the harvest (3) You are prohibited from buying or to take shellfish at the same time that a of Dolly Varden, brook trout, grayling, selling subsistence-taken shellfish, their designated fisherman is taking or cutthroat, and rainbow trout apply: parts, or their eggs, unless otherwise attempting to take shellfish on your (A) The daily household harvest and specified. behalf. (4) You may not use explosives and (f) If a subsistence shellfishing permit possession limit is 20 Dolly Varden; chemicals, except that you may use is required by this section, the following there is no closed season or size limit; chemical baits or lures to attract conditions apply unless otherwise (B) The daily household harvest and shellfish. specified by the subsistence regulations possession limit is 20 brook trout; there (5) Marking requirements for in this section: is no closed season or size limit; subsistence shellfish gear are as follows: (1) You may not take shellfish for (C) The daily household harvest and (i) You must plainly and legibly subsistence in excess of the limits set possession limit is 20 grayling; there is inscribe your first initial, last name, and out in the permit unless a different limit no closed season or size limit; address on a keg or buoy attached to is specified in this section; (D) The daily household harvest limit unattended subsistence fishing gear, (2) You must obtain a permit prior to is 6 and the household possession limit except when fishing through the ice, subsistence fishing; is 12 cutthroat or rainbow trout in when you may substitute for the keg or (3) You must have the permit in your combination; there is no closed season buoy a stake inscribed with your first possession and readily available for or size limit; initial, last name, and address inserted inspection while taking or transporting (E) You may only use a rod and reel in the ice near the hole; subsistence the species for which the permit is with or lure unless the use fishing gear may not display a issued; of bait is specifically permited in 5 AAC permanent ADF&G vessel license (4) The permit may designate the 47; number; species and numbers of shellfish to be (F) The permit conditions and (ii) Kegs or buoys attached to harvested, time and area of fishing, the systems to receive special protection subsistence crab pots also must be type and amount of fishing gear and will be determined by the local Federal inscribed with the name or United other conditions necessary for fisheries manager in consultation with States Coast Guard number of the vessel management or conservation purposes; ADF&G. used to operate the pots. (5) If specified on the permit, you (6) Pots used for subsistence fishing must keep accurate daily records of the § ll.28 Subsistence taking of shellfish. must comply with the escape catch involved, showing the number of (a) Regulations in this section apply to mechanism requirements found in shellfish taken by species, location and subsistence taking of Dungeness crab, § ll.27(c)(2). date of the catch, and such other king crab, Tanner crab, shrimp, clams, (7) You may not mutilate or otherwise information as may be required for abalone, and other shellfish or their disfigure a crab in any manner which management or conservation purposes; parts. would prevent determination of the (6) You must complete and submit (b) [Reserved]. minimum size restrictions until the crab subsistence fishing reports at the time (c) You may take shellfish for has been processed or prepared for specified for each particular area and subsistence uses at any time in any area consumption. fishery;

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(7) If the return of catch information (ii) You may not take king crab, (D) You may take king crab only from necessary for management and Dungeness crab, or shrimp for June 1 through January 31, except that conservation purposes is required by a subsistence purposes. the subsistence taking of king crab is subsistence fishing permit and you fail (iii) In the subsistence taking of prohibited in waters 25 fathoms or to comply with such reporting Tanner crab: greater in depth during the period 14 requirements, you are ineligible to (A) Male Tanner crab may be taken days before and 14 days after State open receive a subsistence permit for that only from July 15 through March 15; commercial fishing seasons for red king activity during the following calendar (B) The daily harvest and possession crab, blue king crab, or Tanner crab in year, unless you demonstrate that limit is 5 male Tanner crabs; the location; failure to report was due to loss in the (C) Only male Tanner crabs 51⁄2 (E) The waters of the Pacific Ocean mail, accident, sickness, or other inches or greater in width of shell may enclosed by the boundaries of Womens unavoidable circumstances. be taken or possessed; Bay, Gibson Cove, and an area defined (g) Subsistence take by commercial (D) No more than 2 pots per person, by a line 1⁄2 mile on either side of the vessels. No which is regardless of type, with a maximum of mouth of the Karluk River, and commercially licensed and registered 2 pots per vessel, regardless of type, extending seaward 3,000 feet, and all for shrimp pot, shrimp trawl, king crab, may be used to take Tanner crab. waters within 1,500 feet seaward of the Tanner crab, or Dungeness crab fishing (iv) In the subsistence taking of clams: shoreline of Afognak Island are closed may be used for subsistence take during (A) The daily harvest and possession to the harvest of king crab except by the period starting 14 days before an limit for littleneck clams is 1,000 and Federally-qualified subsistence users. opening and ending 14 days after the the minimum size is 1.5 inches in (v) In the subsistence taking of Tanner closure of a respective open season in length; crab: the area or areas for which the vessel is (B) The daily harvest and possession (A) You may not use more than five registered. However, if you are a limit for butter clams is 700 and the crab pots to take Tanner crab; commercial fisherman, you may retain minimum size is 2.5 inches in length. (B) You may not take Tanner crab in (v) Other than as specified in this shellfish for your own use from your waters 25 fathoms or greater in depth section, there are no harvest, possession, lawfully taken commercial catch. during the 14 days immediately before or size limits for other shellfish, and the (h) You may not take or possess the opening of a State commercial king season is open all year. shellfish smaller than the minimum or Tanner crab fishing season in the (4) Kodiak Area. (i) You may take crab legal size limits. location; for subsistence purposes only under the (C) The daily harvest and possession (i) Unlawful possession of subsistence authority of a subsistence crab fishing shellfish. You may not possess, limit per person is 12 male crabs with permit issued by the ADF&G. 1 transport, give, receive, or barter a shell width 5 ⁄2 inches or greater. (ii) The operator of a commercially (5) Alaska Peninsula-Aleutian Islands shellfish or their parts taken in violation licensed and registered shrimp fishing Area. (i) The operator of a commercially of Federal or State regulations. vessel must obtain a subsistence fishing licensed and registered shrimp fishing (j) (1) An owner, operator, or permit from the ADF&G before vessel must obtain a subsistence fishing employee of a lodge, charter vessel, or subsistence shrimp fishing during a permit from the ADF&G prior to other enterprise that furnishes food, State closed commercial shrimp fishing subsistence shrimp fishing during a lodging, or guide services may not season or within a closed commercial closed State commercial shrimp fishing furnish to a client or guest of that shrimp fishing district, section, or season or within a closed commercial enterprise, shellfish that has been taken subsection. The permit must specify the shrimp fishing district, section, or under this section, unless: area and the date the vessel operator subsection; the permit must specify the (i) The shellfish has been taken with intends to fish. No more than 500 area and the date the vessel operator gear deployed and retrieved by the pounds (227 kg) of shrimp may be in intends to fish; no more than 500 client or guest who is a Federally- possession aboard the vessel. pounds (227 kg) of shrimp may be in qualified subsistence user; (iii) The daily harvest and possession possession aboard the vessel. (ii) The gear has been marked with the limit is 12 male Dungeness crabs per (ii) The daily harvest and possession client’s or guest’s name and address; person; only male Dungeness crabs with limit is 12 male Dungeness crabs per and 1 a shell width of 6 ⁄2 inches or greater person; only crabs with a shell width of (iii) The shellfish is to be consumed may be taken or possessed. Taking of 51⁄2 inches or greater may be taken or by the client or guest or is consumed in Dungeness crab is prohibited in water possessed. the presence of the client or guest. 25 fathoms or more in depth during the (iii) In the subsistence taking of king (2) The captain and crewmembers of 14 days immediately before the State crab: a charter vessel may not deploy, set, or opening of a commercial king or Tanner (A) The daily harvest and possession retrieve their own gear in a subsistence crab fishing season in the location. limit is six male crabs per person; only shellfish fishery when that vessel is (iv) In the subsistence taking of king crabs with a shell width of 61⁄2 inches being chartered. crab: or greater may be taken or possessed; (k) Subsistence shellfish areas and (A) The annual limit is six crabs per (B) All crab pots used for subsistence pertinent restrictions. (1) Southeastern household; only male king crab with fishing and left in saltwater unattended Alaska-Yakutat Area. No marine waters shell width of 7 inches or greater may longer than a 2-week period must have are currently identified under Federal be taken or possessed; all bait and bait containers removed and subsistence management jurisdiction. (B) All crab pots used for subsistence all doors secured fully open; (2) Prince William Sound Area. No fishing and left in saltwater unattended (C) You may take crabs only from June marine waters are currently identified longer than a 2-week period must have 1 through January 31. under Federal subsistence management all bait and bait containers removed and (iv) The daily harvest and possession jurisdiction. all doors secured fully open; limit is 12 male Tanner crabs per (3) Cook Inlet Area. (i) You may take (C) You may only use one crab pot, person; only crabs with a shell width of shellfish for subsistence purposes only which may be of any size, to take king 51⁄2 inches or greater may be taken or as allowed in this section (k)(3). crab; possessed.

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(6) Bering Sea Area. (i) In that portion ACTION: Direct final rule; correcting regulatory action’’ and is therefore not of the area north of the latitude of Cape amendment. subject to review by the Office of Newenham, shellfish may only be taken Management and Budget. For this by shovel, jigging gear, pots, and ring SUMMARY: EPA is correcting the reason, this action is also not subject to net. delegation of standards for national Executive Order 13211, ‘‘Actions (ii) The operator of a commercially emission standards for hazardous air Concerning Regulations That licensed and registered shrimp fishing pollutants which EPA approved as part Significantly Affect Energy Supply, vessel must obtain a subsistence fishing of the delegation of authority to Distribution, or Use’’ (66 FR 28355 (May permit from the ADF&G prior to Louisiana on March 26, 2004. This 22, 2001)). Because the agency has made subsistence shrimp fishing during a document corrects an error in the final a ‘‘good cause’’ finding that this action closed commercial shrimp fishing rule pertaining to the EPA’s delegation is not subject to notice-and-comment season or within a closed commercial of national emission standards for requirements under the Administrative shrimp fishing district, section, or hazardous air pollutants for asbestos to Procedures Act or any other statute as Louisiana. subsection; the permit must specify the indicated in the SUPPLEMENTARY area and the date the vessel operator DATES: This amendment is effective on INFORMATION section above, it is not intends to fish; no more than 500 March 21, 2005. subject to the regulatory flexibility pounds (227 kg) of shrimp may be in FOR FURTHER INFORMATION CONTACT: Jeff provisions of the Regulatory Flexibility possession aboard the vessel. Robinson, (214) 665–6435 or by e-mail Act (5 U.S.C 601 et seq.), or to sections (iii) In waters south of 60° North at [email protected]. 202 and 205 of the Unfunded Mandates latitude, the daily harvest and SUPPLEMENTARY INFORMATION: Reform Act of 1995 (UMRA) (Public possession limit is 12 male Dungeness Throughout this document wherever Law 104–4). In addition, this action crabs per person. ‘‘we,’’ or ‘‘our’’ are used we mean EPA. does not significantly or uniquely affect (iv) In the subsistence taking of king On March 26, 2004, (69 FR 15687), we small governments or impose a crab: published a final rulemaking action significant intergovernmental mandate, (A) In waters south of 60° North announcing the delegation of authority as described in sections 203 and 204 of latitude, the daily harvest and of certain NESHAPs to the Louisiana UMRA. This rule also does not have a possession limit is six male crabs per Department of Environmental Quality. substantial direct effect on one or more person; EPA received no public comments on Indian tribes, on the relationship (B) All crab pots used for subsistence the direct final rule, therefore, the between the Federal Government and fishing and left in saltwater unattended effective date of action was April 26, Indian tribes, or on the distribution of longer than a 2-week period must have 2004. Subsequently, the Louisiana power and responsibilities between the all bait and bait containers removed and Department of Environmental Quality Federal Government and Indian tribes, all doors secured fully open; notified EPA that we had not included as specified by Executive Order 13175 (C) In waters south of 60° North the delegation of subpart M—Asbestos (59 FR 22951, November 9, 2000), nor latitude, you may take crab only from in the chart detailing the current part 61 will it have substantial direct effects on June 1 through January 31; standards delegated to Louisiana. The the States, on the relationship between (D) In the Norton Sound Section of original part 61 delegation to Louisiana the National Government and the States, the Northern District, you must have a occurred on October 14, 1983, with or on the distribution of power and subsistence permit. formal notification in the Federal responsibilities among the various (v) In waters south of 60°North Register on February 7, 1984 (49 FR levels of governments, as specified by latitude, the daily harvest and 4471). In the notification, Louisiana was Executive Order 13132 (64 FR 43255, possession limit is 12 male Tanner authorized to assume NESHAP partial August 10, 1999). This rule also is not crabs. delegation responsibilities for future subject to Executive Order 13045 (62 FR Dated: January 19, 2005. standards and requirements. This 19885, April 23, 1997), because it is not Thomas H. Boyd, administrative rulemaking action economically significant. This technical Acting Chair, Federal Subsistence Board. reflects EPA’s delegation of subpart M— correction action does not involve Asbestos to Louisiana. Section 553 of technical standards; thus the Dated: January 25, 2005. the Administrative Procedure Act, 5 requirements of section 12(d) of the Steve Kessler, U.S.C. 553(b)(B), provides that, when an National Technology Transfer and Subsistence Program Leader, USDA-Forest agency for good cause finds that notice Advancement Act of 1995 (15 U.S.C. Service. and public procedure are impracticable, 272 note) do not apply. The rule also [FR Doc. 05–5469 Filed 3–18–05; 8:45 am] unnecessary or contrary to the public does not involve special consideration BILLING CODE 3410–11–P; 4310–55–P interest, the agency may issue a rule of environmental justice related issues without providing notice and an as required by Executive Order 12898 opportunity for public comment. We (59 FR 7629, February 16, 1994). In have determined that there is good issuing this rule, EPA has taken the ENVIRONMENTAL PROTECTION cause for making today’s rule final necessary steps to eliminate drafting AGENCY without prior proposal and opportunity errors and ambiguity, minimize for comment because we are merely potential litigation, and provide a clear 40 CFR Part 61 correcting a historical delegation that legal standard for affected conduct, as occurred in a previous action. Thus, required by section 3 of Executive Order [LA–69–2–7617c; FRL–7887–2] notice and public procedure are 12988 (61 FR 4729, February 7, 1996). National Emission Standards for unnecessary. We find that this EPA has complied with Executive Order Hazardous Air Pollutants; Delegation constitutes good cause under 5 U.S.C. 12630 (53 FR 8859, March 15, 1998) by of Authority to Louisiana; Correction 553(b)(B). Statutory and Executive examining the takings implications of Order Reviews Under Executive Order the rule in accordance with the AGENCY: Environmental Protection 12866 (58 FR 51735, October 4, 1993), ‘‘Attorney General’s Supplemental Agency (EPA). this action is not a ‘‘significant Guidelines for the Evaluation of Risk

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