Wednesday, February 12, 2003

Part III

Department of Agriculture

Forest Service

36 CFR Part 242 Department of the Interior

Fish and Wildlife Service

50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D: 2003–2005 Subsistence Taking of Fish and Shellfish Regulations; Changes to Harvest Limits for Moose in Units 21(D) and 24, Muskox in Unit 26(C), and Caribou in Unit 17(A) and (C); Final Rules and Proposed Rule

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DEPARTMENT OF AGRICULTURE applicability that are consistent with Applicability of Subparts A, B, and C ANILCA and that provide for the Subparts A, B, and C (unless Forest Service subsistence definition, preference, and otherwise amended) of the Subsistence participation specified in Sections 803, Management Regulations for Public 36 CFR Part 242 804, and 805 of ANILCA. The State Lands in Alaska, 50 CFR 100.1 to 100.23 implemented a program that the DEPARTMENT OF THE INTERIOR and 36 CFR 242.1 to 242.23, remain Department of the Interior previously effective and apply to this rule. Fish and Wildlife Service found to be consistent with ANILCA. Therefore, all definitions located at 50 However, in December 1989, the Alaska CFR 100.4 and 36 CFR 242.4 apply to 50 CFR Part 100 Supreme Court ruled in McDowell v. regulations found in this subpart. State of Alaska that the rural preference RIN 1018–AI09 in the State subsistence statute violated Federal Subsistence Regional Advisory Councils Subsistence Management Regulations the Alaska Constitution. The Court’s for Public Lands in Alaska, Subpart C ruling in McDowell required the State to Pursuant to the Record of Decision, and Subpart D—2003 Subsistence delete the rural preference from the Subsistence Management Regulations Taking of Fish and Shellfish subsistence statute and, therefore, for Federal Public Lands in Alaska, Regulations negated State compliance with ANILCA. April 6, 1992, and the Subsistence The Court stayed the effect of the Management Regulations for Federal AGENCIES: Forest Service, Agriculture; decision until July 1, 1990. Public Lands in Alaska, 36 CFR 242.11 Fish and Wildlife Service, Interior. and 242.22 (2002) and 50 CFR 100.11 As a result of the McDowell decision, ACTION: Final rule. and 100.22 (2002), and for the purposes the Department of the Interior and the identified therein, we divide Alaska into SUMMARY: This final rule establishes Department of Agriculture ten subsistence resource regions, each of regulations for seasons, harvest limits, (Departments) assumed, on July 1, 1990, which is represented by a Federal methods, and means related to taking of responsibility for implementation of Subsistence Regional Advisory Council fish and shellfish for subsistence uses Title VIII of ANILCA on public lands. (Regional Council). The Regional during the 2003 regulatory year. The On June 29, 1990, the Temporary Councils provide a forum for rural rulemaking is necessary because Subsistence Management Regulations residents, with personal knowledge of Subpart D is subject to an annual public for Public Lands in Alaska were local conditions and resource review cycle. This rulemaking replaces published in the Federal Register (55 requirements, to have a meaningful role the fish and shellfish regulations FR 27114–27170). On January 8, 1999 in the subsistence management of fish included in the ‘‘Subsistence (64 FR 1276), the Departments extended and wildlife on Alaska public lands. Management Regulations for Public jurisdiction to include waters in which The Regional Council members Lands in Alaska, Subpart C and Subpart there exists a Federal reserved water represent varied geographical, cultural, D—2002 Subsistence Taking of Fish and right. This amended rule conformed the and user diversity within each region. Wildlife Regulations,’’ which expire on Federal Subsistence Management The Regional Councils had a February 28, 2003. This rule also Program to the Ninth Circuit’s ruling in substantial role in reviewing the amends the Customary and Traditional Alaska v. Babbitt. Consistent with proposed rule and making Use Determinations of the Federal Subparts A, B, and C of these recommendations for the final rule. Subsistence Board (Section l .24 of regulations, the Departments established Moreover, the Council Chairs, or their Subpart C). a Federal Subsistence Board to designated representatives, presented DATES: Sections l .24(a)(2) and (3) are administer the Federal Subsistence their Council’s recommendations at the effective March 1, 2003. Sections l .27 Management Program. The Board’s Board meeting of December 17–18, and l .28 are effective March 1, 2003, composition includes a Chair appointed 2002. through February 29, 2004. by the Secretary of the Interior with Summary of Changes FOR FURTHER INFORMATION CONTACT: concurrence of the Secretary of Chair, Federal Subsistence Board, c/o Agriculture; the Alaska Regional Section l .24 (Customary and U.S. Fish and Wildlife Service, Director, U.S. Fish and Wildlife Service; traditional use determinations) was Attention: Thomas H. Boyd, Office of the Alaska Regional Director, U.S. originally published in the Federal Subsistence Management; (907) 786– National Park Service; the Alaska State Register (57 FR 22940) on May 29, 1992. 3888. For questions specific to National Director, U.S. Bureau of Land Since that time, the Board has made a Forest System lands, contact Ken Management; the Alaska Regional number of Customary and Traditional Thompson, Regional Subsistence Director, U.S. Bureau of Indian Affairs; Use Determinations at the request of Program Manager, USDA, Forest and the Alaska Regional Forester, USDA impacted subsistence users. Those modifications, along with some Service, Alaska Region, (907) 786–3592. Forest Service. Through the Board, these administrative corrections, were SUPPLEMENTARY INFORMATION: agencies participated in the published in the Federal Register (59 development of regulations for Subparts Background FR 27462, published May 27, 1994; 59 A, B, and C, and the annual Subpart D Title VIII of the Alaska National FR 51855, published October 13, 1994; regulations. Interest Lands Conservation Act 60 FR 10317, published February 24, (ANILCA) (16 U.S.C. 3111–3126) All Board members have reviewed 1995; 61 FR 39698, published July 30, requires that the Secretary of the Interior this rule and agree with its substance. 1996; 62 FR 29016, published May 29, and the Secretary of Agriculture Because this rule relates to public lands 1997; 63 FR 35332, published June 29, (Secretaries) implement a joint program managed by an agency or agencies in 1998; 63 FR 46148, published August to grant a preference for subsistence both the Departments of Agriculture and 28, 1998; 64 FR 1276, published January uses of fish and wildlife resources on the Interior, identical text would be 8, 1999; 64 FR 35776, published July 1, public lands, unless the State of Alaska incorporated into 36 CFR part 242 and 1999; 66 FR 10142, published February enacts and implements laws of general 50 CFR part 100. 13, 2001; and 67 FR 5890, published

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February 7, 2002). During its December proposals were rejected because there regulations found in § l.27, which 17–18, 2002, meeting, the Board made was inadequate information affects residents of multiple Regions. additional determinations in addition to documenting historical use of Federal • Provided for harvest of fish to be various annual season and harvest limit waters. used in traditional religious ceremonies changes. The public has had extensive One proposal requested specific as part of a funerary or mortuary cycle. opportunity to review and comment on regulations for the use of fish traps (fyke • Provided for the adoption of State all changes. Additional details on the nets). This proposal was rejected Emergency Orders in the Yukon and recent Board modifications are because it would be detrimental to the Kuskokwim River drainages. contained below in Analysis of subsistence user and limit the flexibility Yukon-Northern Fishery Management Proposals Adopted by the Board. for species management in the area. Area Subpart D regulations are subject to The Board rejected a proposal that The Board adopted one proposal an annual cycle and require would have allowed the use of bait for affecting residents of the Yukon- development of an entire new rule each taking coho salmon. This proposal was Northern Fishery Management Area year. Customary and traditional use rejected because there is no information resulting in the following changes to the determinations are also subject to an that subsistence users are unable to regulations found in § l.27. annual review process providing for meet their needs under the present modification each year. We published • Revised the regulations relative to regulations and there is a concern use of rod and reel to take salmon proposed Subpart D regulations for the regarding hooking mortality in other 2003–04 seasons, harvest limits, and during the period closed to net or species with the use of bait. fishwheel use. methods and means on February 11, In the case of the partial rejection, the 2002, in the Federal Register (67 FR marine area requested for regulation is Kuskokwim Fishery Management Area 6334). A 50-day comment period not under jurisdiction of the Federal providing for public review of the The Board adopted one proposal Subsistence Program and the freshwater proposed rule and calling for proposals affecting residents of the Kuskokwim areas support sockeye salmon was advertised by mail, radio, and Fishery Management Area resulting in populations that are sufficient for newspaper. During that period, the the following changes to the regulations subsistence and nonsubsistence harvest. found in § l.27. Regional Councils met and, in addition • to other Regional Council business, The Board deferred action on three Revised the regulations relative to received suggestions for proposals from proposals and part of one other in order use of rod and reel to take salmon the public. The Board received a total of to assemble additional fisheries data, during the period closed to net or 33 proposals for changes to Customary harvest information, or to allow fishwheel use in a portion of the area. communities or Regional Councils and Traditional Use Determinations or Bristol Bay Fishery Management Area to Subpart D. This number included additional time to review the issues and The Board adopted one proposal some proposals deferred from previous provide additional information. affecting residents of the Bristol Bay years. Subsequent to the review period, Analysis of Proposals Adopted by the Fishery Management Area resulting in the Board prepared a booklet describing Board the following changes to the regulations the proposals and distributed it to the The Board adopted 11 proposals and found in § l.27. public. The public had an additional 30 • Established harvest regulations for days in which to comment on the part of 1 other proposal. In two cases, rainbow trout. proposals for changes to the regulations. a number of proposals dealing with the The ten Regional Councils met again, same issue were dealt with as a package. Kodiak Fishery Management Area received public comments, and Some proposals were adopted as submitted and others were adopted with The Board adopted one proposal formulated their recommendations to affecting residents of the Kodiak Fishery the Board on proposals for their modifications suggested by the respective Regional Council or Management Area resulting in the respective regions. Five of the proposals following changes to the regulations were not considered, falling outside the developed during the Board’s public deliberations. found in § l.28. call for proposals. Three proposals and • Revised the regulations relative to All of the adopted proposals were part of another were withdrawn before the harvest of king crab. Board consideration. These final recommended for adoption by at least regulations reflect Board review and one of the Regional Councils and were Cook Inlet Fishery Management Area consideration of Regional Council based on meeting customary and The Board adopted parts of three recommendations and public traditional uses, harvest practices, or similar proposals affecting residents of comments. protecting fish populations. Detailed the Cook Inlet Fishery Management information relating to justification for Analysis of Proposals Rejected by the Area resulting in the following change the action on each proposal may be l Board to the regulations found in §§ .24 and found in the Board meeting transcripts, l.27. The Board rejected five proposals and available for review at the Office of • Established a customary and part of one other proposal. All but one Subsistence Management, 3601 C Street, traditional use determination in Federal of these rejections were based on Suite 1030, Anchorage, Alaska, or on waters for shellfish. recommendations from the respective the Office of Subsistence Management • Established subsistence harvest Regional Council. In that other case, the Web site (http://alaska.fws.gov/asm/ regulations for shellfish. Regional Council recommendation to home.html). Additional technical extend jurisdiction into an area of clarifications and removal of excess Prince William Sound Fishery marine waters was inconsistent with the materials have been made, which result Management Area authority provided for in ANILCA. in a more readable document. The Board adopted three proposals The Board rejected three proposals affecting residents of the Prince William Multiple Regions requesting revised customary and Sound Fishery Management Area traditional use determinations in the The Board adopted two proposals resulting in the following changes to the Prince William Sound Area. These resulting in the following changes in the regulations found in § l.27.

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• Revised the marking and recording subsistence hunting and fishing Other Requirements requirements for subsistence taken regulations. The final rule for This rule was not subject to OMB salmon and rainbow/steelhead trout. Subsistence Management Regulations • review under Executive Order 12866. Allowed the retention of for Public Lands in Alaska, Subparts A, The Regulatory Flexibility Act of 1980 incidentally caught freshwater fish in B, and C (57 FR 22940–22964, (5 U.S.C. 601 et seq.) requires fishwheels. published May 29, 1992; amended • preparation of flexibility analyses for Established a harvest limit for January 8, 1999, 64 FR 1276, June 12, rules that will have a significant chinook salmon taken by rod and reel. 2001, 66 FR 31533, and May 7, 2002, 67 economic effect on a substantial number FR 30559) implemented the Federal Southeastern Alaska Fishery of small entities, which include small Subsistence Management Program and Management Area businesses, organizations, or included a framework for an annual governmental jurisdictions. The The Board considered five proposals cycle for subsistence hunting and Departments have determined that this relative to steelhead harvest on Prince of fishing regulations. rulemaking will not have a significant Wales Island and adopted a modified An environmental assessment was economic effect on a substantial number proposal affecting residents of the prepared in 1997 on the expansion of of small entities within the meaning of Southeastern Alaska Fishery Federal jurisdiction over fisheries and is the Regulatory Flexibility Act. Management Area resulting in the available by contacting the office listed This rulemaking will impose no following changes to the regulations under FOR FURTHER INFORMATION significant costs on small entities; the found in § l.27. CONTACT. The Secretary of the Interior exact number of businesses and the • Established harvest limits and with the concurrence of the Secretary of amount of trade that will result from methods and means for rainbow/ Agriculture determined that the this Federal land-related activity is steelhead trout on Prince of Wales expansion of Federal jurisdiction did unknown. The aggregate effect is an Island in a winter and a spring season. not constitute a major Federal action, insignificant positive economic effect on Conformance With Statutory and significantly affecting the human a number of small entities, such as Regulatory Authorities environment and has, therefore, signed tackle, boat, and gasoline dealers. The a Finding of No Significant Impact. number of small entities affected is National Environmental Policy Act unknown; but, the fact that the positive Compliance Compliance With Section 810 of ANILCA effects will be seasonal in nature and A Draft Environmental Impact will, in most cases, merely continue Statement (DEIS) for developing a The intent of all Federal subsistence preexisting uses of public lands Federal Subsistence Management regulations is to accord subsistence uses indicates that the effects will not be Program was distributed for public of fish and wildlife on public lands a significant. comment on October 7, 1991. That priority over the taking of fish and In general, the resources harvested document described the major issues wildlife on such lands for other under this rule will be consumed by the associated with Federal subsistence purposes, unless restriction is necessary local harvester and do not result in a management as identified through to conserve healthy fish and wildlife dollar benefit to the economy. However, public meetings, written comments, and populations. A Section 810 analysis was we estimate that 24 million pounds of staff analysis and examined the completed as part of the FEIS process. fish (including 8.3 million pounds of environmental consequences of four The final Section 810 analysis salmon) are harvested by the local alternatives. Proposed regulations determination appeared in the April 6, subsistence users annually and, if given (Subparts A, B, and C) that would 1992, ROD, which concluded that the a dollar value of $3.00 per pound for implement the preferred alternative Federal Subsistence Management salmon and $ 0.58 per pound for other were included in the DEIS as an Program may have some local impacts fish, would equate to about $34 million appendix. The DEIS and the proposed on subsistence uses, but the program is in food value Statewide. administrative regulations presented a not likely to significantly restrict Title VIII of ANILCA requires the framework for an annual regulatory subsistence uses. Secretaries to administer a subsistence cycle regarding subsistence hunting and Paperwork Reduction Act preference on public lands. The scope of fishing regulations (Subpart D). The this program is limited by definition to Final Environmental Impact Statement These rules contain information certain public lands. Likewise, these (FEIS) was published on February 28, collection requirements subject to Office regulations have no potential takings of 1992. of Management and Budget (OMB) private property implications as defined Based on the public comment approval under the Paperwork by Executive Order 12630. received, the analysis contained in the Reduction Act of 1995. They apply to The Service has determined and FEIS, and the recommendations of the the use of public lands in Alaska. The certifies pursuant to the Unfunded Federal Subsistence Board and the information collection requirements Mandates Reform Act, 2 U.S.C. 1502 et Department of the Interior’s Subsistence described below were approved by OMB seq., that this rulemaking will not Policy Group, the Secretary of the under 44 U.S.C. 3501 and were assigned impose a cost of $100 million or more Interior, with the concurrence of the clearance number 1018–0075, which in any given year on local or State Secretary of Agriculture, through the expires July 31, 2003. On January 16, governments or private entities. The U.S. Department of Agriculture-Forest 2003, we published in the Federal implementation of this rule is by Service, implemented Alternative IV as Register (68 FR 2347) a notice of our Federal agencies, and no cost is identified in the DEIS and FEIS (Record intent to request OMB approval of a involved to any State or local entities or of Decision on Subsistence Management 3-year renewal of this information Tribal governments. for Federal Public Lands in Alaska collection. We will not conduct or The Service has determined that these (ROD), signed April 6, 1992). The DEIS sponsor, and you are not required to final regulations meet the applicable and the selected alternative in the FEIS respond to, a collection of information standards provided in Sections 3(a) and defined the administrative framework of request unless it displays a currently 3(b)(2) of Executive Order 12988 on an annual regulatory cycle for valid OMB control number. Civil Justice Reform.

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In accordance with Executive Order Drafting Information For the reasons set out in the 13132, the rule does not have sufficient preamble, the Federal Subsistence federalism implications to warrant the William Knauer drafted these Board amends Title 36, part 242, and preparation of a Federalism Assessment. regulations under the guidance of Title 50, part 100, of the Code of Federal Title VIII of ANILCA precludes the State Thomas H. Boyd, of the Office of Regulations, as set forth below. from exercising management authority Subsistence Management, Alaska over wildlife resources on Federal Regional Office, U.S. Fish and Wildlife PART_—SUBSISTENCE lands. Service, Anchorage, Alaska. Taylor MANAGEMENT REGULATIONS FOR In accordance with the President’s Brelsford, Alaska State Office, Bureau of PUBLIC LANDS IN ALASKA memorandum of April 29, 1994, Land Management; Rod Simmons, ‘‘Government-to-Government Relations Alaska Regional Office, U.S. Fish and 1. The authority citation for both 36 with Native American Tribal Wildlife Service; Bob Gerhard, Alaska CFR Part 242 and 50 CFR Part 100 Governments’’ (59 FR 22951), 512 DM 2, Regional Office, National Park Service; continues to read as follows: and E.O. 13175, we have evaluated Dr. Glenn Chen, Alaska Regional Office, Authority: 16 U.S.C. 3, 472, 551, 668dd, possible effects on Federally recognized Bureau of Indian Affairs; and Ken 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. Indian tribes and have determined that Thompson, USDA-Forest Service, 1733. there are no effects. The Bureau of provided additional guidance. Subpart C—Board Determinations Indian Affairs is a participating agency List of Subjects in this rulemaking. On May 18, 2001, the President issued 36 CFR Part 242 2. In Subpart C of 36 CFR part 242 Executive Order 13211 on regulations and 50 CFR part 100, §§ l24(a)(2) and that significantly affect energy supply, Administrative practice and (3) are revised to read as follows: distribution, or use. This Executive procedure, Alaska, Fish, National _ forests, Public lands, Reporting and § .24 Customary and traditional use Order requires agencies to prepare determinations. Statements of Energy Effects when recordkeeping requirements, Wildlife. (a) * * * undertaking certain actions. As this rule 50 CFR Part 100 is not a significant regulatory action (2) Fish determinations. The under Executive Order 13211, affecting Administrative practice and following communities and areas have energy supply, distribution, or use, this procedure, Alaska, Fish, National been found to have a positive customary action is not a significant action and no forests, Public lands, Reporting and and traditional use determination in the Statement of Energy Effects is required. recordkeeping requirements, Wildlife. listed area for the indicated species:

Area Species Determination

KOTZEBUE AREA ...... All fish ...... Residents of the Kotzebue Area. NORTON SOUND—PORT CLAR- ENCE AREA: Norton Sound—Port Clarence All fish ...... Residents of Stebbins, St. Michael, and Kotlik. Area, waters draining into Norton Sound between Point Romanof and Canal Point. Norton Sound-Port Clarence All fish ...... Residents of the Norton Sound—Port Clarence Area. Area, remainder. YUKON-NORTHERN AREA: Yukon River Drainage...... Salmon, other than fall chum Residents of the Yukon River drainage, including the community of salmon. Stebbins. Yukon River drainage ...... Fall chum salmon ...... Residents of the Yukon River drainage, including the communities of Stebbins, Scammon Bay, Hooper Bay, and Chevak. Yukon River drainage ...... Freshwater fish (other than salm- Residents of the Yukon-Northern Area. on). Remainder of the Yukon-North- All fish ...... Residents of the Yukon-Northern Area, excluding the residents of the ern Area. 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 installation located on Cape Newenham, Sparevohn USAFB, and Tatalina USAFB. Rainbow trout...... Residents of the communities of Quinhagak, Goodnews Bay, Kwethluk, Eek, Akiachak, Akiak, and Platinum. Pacific cod ...... Residents of the communities of Chevak, Newtok, Tununak, Toksook Bay, Nightmute, Chefornak, Kipnuk, Mekoryuk, Kwigillingok, Kongiganak, Eek, and Tuntutuliak. All other fish other than herring .... Residents of the Kuskokwim Area, except those persons residing on the United States military installation located on Cape Newenham, Sparevohn USAFB, and Tatalina USAFB. Waters around Nunivak Island ...... Herring and herring roe ...... Residents within 20 miles of the coast between the westernmost tip of the Naskonat Peninsula and the terminus of the Ishowik River and on Nunivak Island. BRISTOL BAY AREA: Nushagak District, including Salmon and freshwater fish ...... Residents of the Nushagak District and freshwater drainages flowing drainages flowing into the dis- into the district. trict. Naknek-Kvichak District— Salmon and freshwater fish ...... Residents of the Naknek and Kvichak River drainages. Naknek River drainage.

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Area Species Determination

Naknek-Kvichak District— Salmon and freshwater fish ...... Residents of the Kvichak/Iliamna-Lake Clark drainage. Kvichak/Iliamna-Lake Clark drainage. Togiak District, including drain- Salmon and freshwater fish ...... Residents of the Togiak District, freshwater drainages flowing into ages flowing into the district. the district, and the community of Manokotak. Egegik District, including drain- All fish ...... Residents of the Bristol Bay Area. ages flowing into the district. Ugashik District, including drain- All fish ...... Residents of the Bristol Bay Area. ages flowing into the district. Togiak District ...... Herring spawn on kelp ...... Residents of the Togiak District and freshwater drainages flowing into the district. Remainder of the Bristol Bay All fish ...... Residents of the Bristol Bay Area. Area. ALEUTIAN ISLANDS AREA ...... All fish ...... Residents of the Aleutian Islands Area and the Pribilof Islands. ALASKA PENINSULA AREA ...... Halibut ...... Residents of the Alaska Peninsula Area and the communities of Ivanof Bay and Perryville. All other fish in the Alaska Penin- Residents of the Alaska Peninsula Area. sula Area. CHIGNIK AREA...... Halibut, salmon and fish other Residents of the Chignik Area. than rainbow/steelhead trout. KODIAK AREA—except the Main- Salmon ...... Residents of the Kodiak Island Borough, except those residing on land District, all waters along the the Kodiak Coast Guard Base. south side of the Alaska Penin- sula bounded by the latitude of Cape Douglas (58°52′ North lati- tude) mid-stream Shelikof Strait, and east of the longitude of the southern entrance of Imuya Bay near Kilokak Rocks (57°11′22″ North latitude, 156°20′30″W lon- gitude). Kodiak Area ...... Fish other than rainbow/steelhead Residents of the Kodiak Area. trout and salmon. COOK INLET AREA...... Fish other than salmon, Dolly Residents of the Cook Inlet Area. Varden, trout, char, grayling, and burbot. Salmon, Dolly Varden trout, char, No Determination. grayling, and burbot. PRINCE WILLIAM SOUND AREA: South-Western District and Salmon ...... Residents of the Southwestern District which is mainland waters Green Island. 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 is- lands. North of a line from Porcupine Salmon ...... Residents of the villages of Tatitlek and Ellamar. Point to Granite Point, and south of a line from Point Lowe to Tongue Point. Copper River drainage up- Freshwater fish ...... Residents of Cantwell, Chisana, Chistochina, Chitina, Copper Cen- stream from Haley Creek. ter, 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 Nabesna Road. Chitina Subdistrict of the Upper Salmon ...... Residents of Cantwell, Chisana, Chistochina, Chitina, Copper Cen- Copper River District. ter, 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 Nabesna Road. Glennallen Subdistrict of the Salmon ...... Residents of the Prince William Sound Area and residents of Cant- Upper Copper River District. well, Chisana, Dot Lake, Healy Lake, Northway, Tanacross, Tetlin, Tok and those individuals living along the Alaska Highway from the Alaskan/Canadian border to along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road.

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Area Species Determination

Waters of the Copper River be- Salmon ...... Residents of Mentasta Lake and Dot Lake. tween National Park Service regulatory markers located near the mouth of Tanada Creek, and in Tanada Creek between National Park Serv- ice regulatory markers identi- fying the open waters of the creek. Remainder of the Prince William Salmon ...... Residents of the Prince William Sound Area. Sound Area. YAKUTAT AREA: Freshwater upstream from the Salmon ...... Residents of the area east of Yakutat Bay, including the islands with- terminus of streams and riv- in Yakutat Bay, west of the Situk River drainage, and south of and ers of the Yakutat Area from including Knight Island. the Doame River to the Tsiu River. Freshwater upstream from the Dolly Varden, steelhead trout, and Residents of the area east of Yakutat Bay, including the islands with- terminus of streams and riv- smelt. in Yakutat Bay, west of the Situk River drainage, and south of and ers of the Yakutat Area from including Knight Island. the Doame River to Point Manby. Remainder of the Yakutat Area Dolly Varden, trout, smelt and Residents of Southeastern Alaska and Yakutat Areas. eulachon. SOUTHEASTERN ALASKA AREA: District 1—Section 1–E in wa- Salmon, Dolly Varden, trout, smelt Residents of the City of Saxman. ters of the Naha River and and eulachon. Roosevelt Lagoon. District 1—Section 1–F in Boca Salmon, Dolly Varden, trout, smelt Residents of the City of Saxman. de Quadra in waters of Sock- and eulachon. eye Creek and Hugh Smith Lake within 500 yards of the terminus of Sockeye Creek. District 2—North of the latitude Salmon, Dolly Varden, trout, smelt Residents of the City of Kasaan and in the drainage of the south- of the northern-most tip of and eulachon. eastern shore of the Kasaan Peninsula west of 132° 20′ W. long Chasina Point and west of a and east of 132° 25′ W. long. line from the northern-most tip of Chasina Point to the eastern-most tip of Grindall Island to the eastern-most tip of the Kasaan Peninsula. District 3—Section 3–A ...... Salmon, Dolly Varden, trout, smelt Residents of the townsite of Hydaburg. and eulachon. District 3—Section A ...... Halibut and bottomfish ...... Residents of Southeast Area. District 3—Section 3–B in wa- Salmon, Dolly Varden, trout, smelt Residents of the City of Klawock and on Prince of Wales Island with- ters east of a line from Point and eulachon. in the boundaries of the Klawock Heenya Corporation land hold- Ildefonso to Tranquil Point. ings as they existed in January 1989, and those residents of the City of Craig and on Prince of Wales Island within the boundaries of the Shan Seet Corporation land holdings as they existed in Jan- uary 1989. District 3—Section 3–C in wa- Salmon, Dolly Varden, trout, smelt Residents of the City of Klawock and on Prince of Wales Island with- ters of Sarkar Lakes. and eulachon. in the boundaries of the Klawock Heenya Corporation land hold- ings as they existed in January 1989, and those residents of the City of Craig and on Prince of Wales Island within the boundaries of the Shan Seet Corporation land holdings as they existed in Jan- uary 1989. District 5—North of a line from Salmon, Dolly Varden, trout, smelt Residents of the City of Kake and in Kupreanof Island drainages Point Barrie to Boulder Point. and eulachon. emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 9—Section 9–A ...... Salmon, Dolly Varden, trout, smelt Residents of the City of Kake and in Kupreanof Island drainages and eulachon. emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 9—Section 9–B north of Salmon, Dolly Varden, trout, smelt Residents of the City of Kake and in Kupreanof Island drainages the latitude of Swain Point. and eulachon. emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 10—West of a line from Salmon, Dolly Varden, trout, smelt Residents of the City of Kake and in Kupreanof Island drainages Pinta Point to False Point and eulachon. emptying into Keku Strait south of Point White and north of the Pybus. Portage Bay boat harbor. District 12—South of a line from Salmon, Dolly Varden, trout, smelt Residents of the City of Angoon and along the western shore of Ad- Fishery Point to south Pas- and eulachon. miralty Island north of the latitude of Sand Island, south of the lati- sage Point and north of the tude of Thayer Creek, and west of 134° 30′ W. long., including latitude of Point Caution. Killisnoo Island.

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Area Species Determination

District 13—Section 13–A south Salmon, Dolly Varden, trout, smelt Residents of the City and Borough of Sitka in drainages which empty of the latitude of Cape Ed- and eulachon. into Section 13–B north of the latitude of Dorothy Narrows. ward. District 13—Section 13–B north Salmon, Dolly Varden, trout, smelt Residents of the City and Borough of Sitka in drainages which empty of the latitude of Redfish and eulachon. into Section 13–B north of the latitude of Dorothy Narrows. Cape. District 13—Section 13–C ...... Salmon, Dolly Varden, trout, smelt Residents of the City and Borough of Sitka in drainages which empty and eulachon. into Section 13–B north of the latitude of Dorothy Narrows. District 13—Section 13–C east Salmon, Dolly Varden, trout, smelt Residents of the City of Angoon and along the western shore of Ad- of the longitude of Point Eliz- and eulachon. miralty Island north of the latitude of Sand Island, south of the lati- abeth. tude of Thayer Creek, and west of 134° 30′ W. long., including Killisnoo Island. District 14—Section 14–B and Salmon, Dolly Varden, trout, smelt Residents of the City of Hoonah and in Chichagof Island drainages 14–C. and eulachon. on the eastern shore of Port Frederick from Gartina Creek to Point Sophia. Remainder of the Southeastern Dolly Varden, trout, smelt and Residents of Southeastern Alaska and Yakutat Areas. Alaska Area. eulachon.

(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 Bering Sea Area. ALASKA PENINSULA—ALEUTIAN ISLANDS Shrimp, Dungeness, king, and Tanner crab .... Residents of the Alaska Peninsula-Aleutian Is- AREA. lands Area. KODIAK AREA ...... Shrimp, Dungeness, and Tanner crab ...... Residents of the Kodiak Area. Kodiak Area, except for the Semidi Island, the King crab ...... Residents of the Kodiak Island Borough ex- North Mainland, and the South Mainland cept those residents on the Kodiak Coast Sections. Guard base. COOK INLET AREA: Federal waters in the Tuxedni Bay Area Shellfish ...... Residents of Tuxedni Bay, Chisik Island, and within boundaries of Lake Clark National Tyonek. Park & Preserve or Alaska Maritime NWR. PRINCE WILLIAM SOUND AREA...... Shrimp, the clams, Dungeness, king, and Residents of the Prince William Sound Area. Tanner crab. SOUTHEASTERN ALASKA—YAKUTAT AREA: Section 1–E south of the latitude of Grant Shellfish, except shrimp, king crab, and Tan- Residents of the Southeast Area. Island light. ner crab. Section 1–F north of the latitude of the Shellfish, except shrimp, king crab, and Tan- Residents of the Southeast Area. northernmost tip of Mary Island, except ner crab. waters of Boca de Quadra. Section 3–A and 3–B ...... Shellfish, except shrimp, king crab, and Tan- Residents of the Southeast Area. ner crab. District 13 ...... Dungeness crab, shrimp, abalone, sea cu- Residents of the Southeast Area. cumbers, gum boots, cockles, and clams, except geoducks.

* * * * * for a State season for the same species (ii) A drift gillnet; 3. In Subpart D of 36 CFR part 242 are not cumulative. This means that if (iii) A purse seine; and 50 CFR part 100, § l.27 and § l.28 you have taken the harvest limit for a (iv) A hand purse seine; are added effective March 1, 2003, particular species under a subsistence (v) A beach seine; (vi) Troll gear; through February 29, 2004, to read as season specified in this section, you (vii) A fish wheel; follows: may not, after that, take any additional fish of that species under any other (viii) A trawl; § l.27 Subsistence taking of fish. harvest limit specified for a State (ix) A pot; (x) A longline; (a) Applicability. (1) Regulations in season. (xi) A fyke net; this section apply to the taking of fish (b) [Reserved] (xii) A lead; or their parts for subsistence uses. (c) Methods, means, and general (xiii) A herring pound; (2) You may take fish for subsistence restrictions. (1) Unless otherwise (xiv) A dip net; uses at any time by any method unless specified in this section or under terms (xv) Jigging gear; you are restricted by the subsistence of a required subsistence fishing permit (xvi) A mechanical jigging machine; fishing regulations found in this section. (as may be modified by this section), (xvii) A handline; The harvest limit specified in this you may use the following legal types of (xviii) A cast net; section for a subsistence season for a gear for subsistence fishing: (xix) A rod and reel; and species and the State harvest limit set (i) A set gillnet; (xx) A spear.

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(2) You must include an escape legibly inscribed on the side of your (ii) Except as otherwise provided for mechanism on all pots used to take fish fishwheel facing midstream of the river. in this section, if you are not required or shellfish. The escape mechanisms are (7) You may use kegs or buoys of any to obtain a subsistence fishing permit as follows: color but red on any permitted gear. for an area, the harvest and possession (i) A sidewall, which may include the (8) You must have your first initial, limits for taking fish for subsistence tunnel, of all shellfish and bottomfish last name, and address plainly and uses with a rod and reel are the same pots must contain an opening equal to legibly inscribed on each keg, buoy, as for taking fish under State of Alaska or exceeding 18 inches in length, except stakes attached to gillnets, stakes subsistence fishing regulations in those that in shrimp pots the opening must be identifying gear fished under the ice, same areas. If the State does not have a a minimum of 6 inches in length. The and any other unattended fishing gear specific subsistence season and/or opening must be laced, sewn, or secured which you use to take fish for harvest limit for that particular species, together by a single length of untreated, subsistence uses. the limit shall be the same as for taking 100 percent cotton twine, no larger than (9) You may not use explosives or fish under State of Alaska sport fishing 30 thread. The cotton twine may be chemicals to take fish for subsistence regulations. knotted at each end only. The opening uses. (18) Unless restricted in this section, must be within 6 inches of the bottom (10) You may not take fish for or unless restricted under the terms of of the pot and must be parallel with it. subsistence uses within 300 feet of any a subsistence fishing permit, you may The cotton twine may not be tied or dam, fish ladder, weir, culvert or other take fish for subsistence uses at any looped around the web bars. Dungeness artificial obstruction, unless otherwise time. crab pots may have the pot lid tie-down indicated. (19) Provisions on ADF&G subsistence straps secured to the pot at one end by (11) The limited exchange for cash of fishing permits that are more restrictive a single loop of untreated, 100 percent subsistence-harvested fish, their parts, or in conflict with the provisions cotton twine no larger than 60 thread, or or their eggs, legally taken under contained in this section do not apply the pot lid must be secured so that, Federal subsistence management to Federal subsistence users. when the twine degrades, the lid will no regulations to support personal and (20) You may not intentionally waste longer be securely closed; family needs is permitted as customary or destroy any subsistence-caught fish (ii) All king crab, Tanner crab, trade, so long as it does not constitute or shellfish; however, you may use for shrimp, miscellaneous shellfish and a significant commercial enterprise. The bait or other purposes, whitefish, bottomfish pots may, instead of Board may recognize regional herring, and species for which harvest complying with paragraph (c)(2)(i) of differences and define customary trade limits, seasons, or other regulatory this section, satisfy the following: a differently for separate regions of the methods and means are not provided in sidewall, which may include the tunnel, this section, as well as the head, tail, must contain an opening at least 18 State. inches in length, except that shrimp (12) Individuals, businesses, or fins, and viscera of legally-taken pots must contain an opening at least 6 organizations may not purchase subsistence fish. inches in length. The opening must be subsistence-taken fish, their parts, or (21) The taking of fish from Federal laced, sewn, or secured together by a their eggs for use in, or resale to, a waters is authorized outside of single length of treated or untreated significant commercial enterprise. published open seasons or harvest twine, no larger than 36 thread. A (13) Individuals, businesses, or limits if the harvested fish will be used galvanic timed release device, designed organizations may not receive through for food in traditional or religious to release in no more than 30 days in barter subsistence-taken fish, their parts ceremonies, that are part of funerary or salt water, must be integral to the length or their eggs for use in, or resale to, a mortuary cycles, including memorial of twine so that, when the device significant commercial enterprise. potlatches, provided that: releases, the twine will no longer secure (14) Except as provided elsewhere in (i) Prior to attempting to take fish, the or obstruct the opening of the pot. The this section, you may not take rainbow/ person (or designee) or Tribal twine may be knotted only at each end steelhead trout. Government organizing the ceremony and at the attachment points on the (15) You may not use fish taken for contacts the appropriate Federal galvanic timed release device. The subsistence use or under subsistence fisheries manager to provide the nature opening must be within 6 inches of the regulations in this part as bait for of the ceremony, the parties and/or bottom of the pot and must be parallel commercial or sport fishing purposes. clans involved, the species and the with it. The twine may not be tied or (16) You may not accumulate harvest number of fish to be taken, and the looped around the web bars. limits authorized in this section or §— Federal waters from which the harvest (3) For subsistence fishing for salmon, .28 with harvest limits authorized under will occur; you may not use a gillnet exceeding 50 State regulations. (ii) The taking does not violate fathoms in length, unless otherwise (17) Unless specified otherwise in this recognized principles of fisheries specified in this section. The gillnet web section, you may use a rod and reel to conservation, and uses the methods and must contain at least 30 filaments of take fish without a subsistence fishing means allowable for the particular equal diameter or at least 6 filaments, permit. Harvest limits applicable to the species published in the applicable each of which must be at least 0.20 use of a rod and reel to take fish for Federal regulations (the Federal millimeter in diameter. subsistence uses shall be as follows: fisheries manager will establish the (4) Except as otherwise provided for (i) If you are required to obtain a number, species, or place of taking if in this section, you may not obstruct subsistence fishing permit for an area, necessary for conservation purposes); more than one-half the width of any that permit is required to take fish for (iii) Each person who takes fish under stream with any gear used to take fish subsistence uses with rod and reel in this section must, as soon as practical, for subsistence uses. that area. The harvest and possession and not more than 15 days after the (5) You may not use live non- limits for taking fish with a rod and reel harvest, submit a written report to the indigenous fish as bait. in those areas are the same as indicated appropriate Federal fisheries manager, (6) You must have your first initial, on the permit issued for subsistence specifying the harvester’s name and last name, and address plainly and fishing with other gear types; address, the number and species of fish

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taken, and the date and locations of the circumstances have changed Prince of Wales, including those waters taking; and significantly, when no permit has been draining into the Chukchi Sea. (iv) No permit is required for taking issued within the previous 5 years, or (i) You may take fish for subsistence under this section; however, the when there is a request for harvest in purposes without a permit. harvester must be eligible to harvest the excess of that provided in this (ii) You may take salmon only by resource under Federal regulations. paragraph (e)(2), will be considered by gillnets, beach seines, or a rod and reel. (d) Fishing by designated harvest the Federal Subsistence Board. (iii) In the Kotzebue District, you may permit. (1) Any species of fish that may (3) If a subsistence fishing permit is take sheefish with gillnets that are not be taken by subsistence fishing under required by this section, the following more than 50 fathoms in length, nor this part may be taken under a permit conditions apply unless more than 12 meshes in depth, nor have designated harvest permit. otherwise specified in this section: a mesh size larger than 7 inches. (2) If you are a Federally-qualified (i) You may not take more fish for (iv) You may not obstruct more than subsistence user, you (beneficiary) may subsistence use than the limits set out one-half the width of a stream, creek, or designate another Federally-qualified in the permit; slough with any gear used to take fish subsistence user to take fish on your (ii) You must obtain the permit prior for subsistence uses, except from May behalf. The designated fisherman must to fishing; 15 to July 15 and August 15 to October obtain a designated harvest permit prior (iii) You must have the permit in your 31 when taking whitefish or pike in to attempting to harvest fish and must possession and readily available for streams, creeks, or sloughs within the return a completed harvest report. The inspection while fishing or transporting Kobuk River drainage and from May 15 designated fisherman may fish for any subsistence-taken fish; to October 31 in the Selawik River number of beneficiaries but may have (iv) If specified on the permit, you drainage. Only one gillnet 100 feet or no more than two harvest limits in his/ shall keep accurate daily records of the less in length with a mesh size from 21⁄2 her possession at any one time. catch, showing the number of fish taken to 41⁄2 inches may be used per site. You (3) The designated fisherman must by species, location and date of catch, must check your net at least once in have in possession a valid designated and other such information as may be every 24-hour period. harvest permit when taking, attempting required for management or (2) Norton Sound-Port Clarence Area. to take, or transporting fish taken under conservation purposes; and this section, on behalf of a beneficiary. (v) If the return of catch information The Norton Sound-Port Clarence Area (4) The designated fisherman may not necessary for management and includes all waters of Alaska between fish with more than one legal limit of conservation purposes is required by a the latitude of the westernmost tip of gear. fishing permit and you fail to comply Cape Prince of Wales and the latitude of (5) You may not designate more than with such reporting requirements, you Point Romanof, including those waters one person to take or attempt to take are ineligible to receive a subsistence of Alaska surrounding St. Lawrence fish on your behalf at one time. You permit for that activity during the Island and those waters draining into may not personally take or attempt to following calendar year, unless you the Bering Sea. take fish at the same time that a demonstrate that failure to report was (i) Unless otherwise restricted in this designated fisherman is taking or due to loss in the mail, accident, section, you take fish at any time in the attempting to take fish on your behalf. sickness, or other unavoidable Port Clarence District. (e) Fishing permits and reports. (1) circumstances. You must also return (ii) In the Norton Sound District, you You may take salmon only under the any tags or transmitters that have been may take fish at any time except as authority of a subsistence fishing attached to fish for management and follows: permit, unless a permit is specifically conservation purposes. (A) In Subdistricts 2 through 6, if you not required in a particular area by the (f) Relation to commercial fishing are a commercial fishermen, you may subsistence regulations in this part, or activities. (1) If you are a Federally- not fish for subsistence purposes during unless you are retaining salmon from qualified subsistence user who also the weekly closures of the State your commercial catch consistent with commercial fishes, you may retain fish commercial salmon fishing season, paragraph (f) of this section. for subsistence purposes from your except that from July 15 through August (2) The U.S. Fish and Wildlife lawfully-taken commercial catch. 1, you may take salmon for subsistence Service, Office of Subsistence (2) When participating in a purposes 7 days per week in the Management may issue a permit to commercial and subsistence fishery at Unalakleet and Shaktoolik River harvest fish for a qualifying cultural/ the same time, you may not use an drainages with gillnets which have a educational program to an organization amount of combined fishing gear in mesh size that does not exceed 41⁄2 that has been granted a Federal excess of that allowed under the inches, and with beach seines; subsistence permit for a similar event appropriate commercial fishing (B) In the Unalakleet River from June within the previous 5 years. A regulations. 1 through July 15, you may take salmon qualifying program must have (g) You may not possess, transport, only from 8 a.m. Monday until 8 p.m. instructors, enrolled students, minimum give, receive, or barter subsistence-taken Saturday; attendance requirements, and standards fish or their parts which have been (C) In Subdistricts 1–3, you may take for successful completion of the course. taken contrary to Federal law or salmon other than chum salmon by Applications must be submitted to the regulation or State law or regulation beach seine during periods established Office of Subsistence Management 60 (unless superseded by regulations in by emergency action. days prior to the earliest desired date of this part). (iii) You may take salmon only by harvest. Permits will be issued for no (h) [Reserved] gillnets, beach seines, fishwheel, or a more than 25 fish per culture/education (i) Fishery management area rod and reel. camp. Appeal of a rejected request can restrictions. (1) Kotzebue Area. The (iv) You may take fish other than be made to the Federal Subsistence Kotzebue Area includes all waters of salmon by set gillnet, drift gillnet, beach Board. Application for an initial permit Alaska between the latitude of the seine, fish wheel, pot, long line, fyke for a qualifying cultural/educational westernmost tip of Point Hope and the net, jigging gear, spear, lead, or a rod program, for a permit when the latitude of the westernmost tip of Cape and reel.

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(v) In the Unalakleet River from June salmon may not be taken from 6 p.m. possession limit is 10 grayling. The 1 through July 15, you may not operate Sunday until 6 p.m. Tuesday. Nome Creek drainage of Beaver Creek is more than 25 fathoms of gillnet in the (v) Except as provided in this section, closed to subsistence fishing for aggregate nor may you operate an and except as may be provided by the grayling. unanchored fishing net. terms of a subsistence fishing permit, (xii) You may not subsistence fish in (vi) You must have a subsistence you may take fish other than salmon at the Toklat River drainage from August fishing permit for net fishing in all any time. 15 through May 15. waters from Cape Douglas to Rocky (vi) In Districts 1, 2, 3, and Subdistrict (xiii) You may take salmon only by Point. 4–A, excluding the Koyukuk and Innoko gillnet, beach seine, fish wheel, or rod (vii) Only one subsistence fishing River drainages, you may not take and reel, subject to the restrictions set permit will be issued to each household salmon for subsistence purposes during forth in this section. per year. the 24 hours immediately before the (xiv) In District 4, if you are a (3) Yukon-Northern Area. The Yukon- opening of the State commercial salmon commercial fisherman, you may not Northern Area includes all waters of fishing season. take salmon for subsistence purposes Alaska between the latitude of Point (vii) In Districts 1, 2, and 3: during the State commercial salmon Romanof and the latitude of the (A) After the opening of the State fishing season using gillnets with mesh westernmost point of the Naskonat commercial salmon fishing season larger than six-inches after a date Peninsula, including those waters through July 15, you may not take specified by ADF&G emergency order draining into the Bering Sea, and all salmon for subsistence for 18 hours issued between July 10 and July 31. waters of Alaska north of the latitude of immediately before, during, and for 12 (xv) In Districts 4, 5, and 6, you may the westernmost tip of Point Hope and hours after each State commercial not take salmon for subsistence west of 141° W. long., including those salmon fishing period; purposes by drift gillnets, except as waters draining into the Arctic Ocean (B) After July 15, you may not take follows: and the Chukchi Sea. salmon for subsistence for 12 hours (A) In Subdistrict 4–A upstream from (i) Unless otherwise restricted in this immediately before, during, and for 12 the mouth of Stink Creek, you may take section, you may take fish in the Yukon- hours after each State commercial king salmon by drift gillnets less than Northern Area at any time. You may salmon fishing period. 150 feet in length from June 10 through (viii) In Subdistrict 4–A after the subsistence fish for salmon with rod and July 14, and chum salmon by drift opening of the State commercial salmon reel in the Yukon River drainage 24 gillnets after August 2; fishing season, you may not take salmon hours per day, 7 days per week, unless (B) In Subdistrict 4–A downstream for subsistence for 12 hours rod and reel are specifically restricted from the mouth of Stink Creek, you may immediately before, during, and for 12 by this paragraph (i)(3) of this section. take king salmon by drift gillnets less hours after each State commercial (ii) For the Yukon River drainage, than 150 feet in length from June 10 salmon fishing period; however, you Federal subsistence fishing schedules, through July 14. may take king salmon during the State openings, closings, and fishing methods commercial fishing season, with drift (xvi) Unless otherwise specified in are the same as those issued for the gillnet gear only, from 6 p.m. Sunday this section, you may take fish other subsistence taking of fish under Alaska until 6 p.m. Tuesday and from 6 p.m. than salmon and halibut by set gillnet, Statutes (AS 16.05.060), unless Wednesday until 6 p.m. Friday. drift gillnet, beach seine, fish wheel, superseded by a Federal Special Action. (ix) You may not subsistence fish in long line, fyke net, dip net, jigging gear, (iii) In the following locations, you the following drainages located north of spear, lead, or rod and reel, subject to may take salmon during the open the main Yukon River: the following restrictions, which also weekly fishing periods of the State (A) Kanuti River upstream from a apply to subsistence salmon fishing: commercial salmon fishing season and point 5 miles downstream of the State (A) During the open weekly fishing may not take them for 24 hours before highway crossing; periods of the State commercial salmon the opening of the State commercial (B) Bonanza Creek; fishing season, if you are a commercial salmon fishing season: (C) Jim River including Prospect and fisherman, you may not operate more (A) In District 4, excluding the Douglas Creeks. than one type of gear at a time, for Koyukuk River drainage; (x) You may not subsistence fish in commercial, personal use, and (B) In Subdistricts 4–B and 4–C from the Delta River. subsistence purposes; June 15 through September 30, salmon (xi) In Beaver Creek downstream from (B) You may not use an aggregate may be taken from 6 p.m. Sunday until the confluence of Moose Creek, a gillnet length of set gillnet in excess of 150 6 p.m. Tuesday and from 6 p.m. with mesh size not to exceed 3-inches fathoms and each drift gillnet may not Wednesday until 6 p.m. Friday; stretch-measure may be used from June exceed 50 fathoms in length; (C) In District 6, excluding the 15–September 15. You may subsistence (C) In Districts 4, 5, and 6, you may Kantishna River drainage, salmon may fish for all non-salmon species but may not set subsistence fishing gear within be taken from 6 p.m. Friday until 6 p.m. not target salmon during this time 200 feet of other operating commercial, Wednesday. period (retention of salmon taken personal use, or subsistence fishing gear (iv) During any State commercial incidentally to non-salmon directed except that, at the site approximately 1 salmon fishing season closure of greater fisheries is allowed). From the mouth of mile upstream from Ruby on the south than five days in duration, you may not Nome Creek downstream to the bank of the Yukon River between take salmon during the following confluence of Moose Creek, only rod ADF&G regulatory markers containing periods in the following districts: and reel may be used. From the mouth the area known locally as the ‘‘Slide,’’ (A) In District 4, excluding the of Nome Creek downstream to the you may set subsistence fishing gear Koyukuk River drainage, salmon may confluence of O’Brien Creek, the daily within 200 feet of other operating not be taken from 6 p.m. Friday until 6 harvest and possession limit is 5 commercial or subsistence fishing gear p.m. Sunday; grayling; from the mouth of O’Brien and in District 4, from Old Paradise (B) In District 5, excluding the Tozitna Creek downstream to the confluence of Village upstream to a point 4 miles River drainage and Subdistrict 5–D, Moose Creek, the daily harvest and upstream from Anvik, there is no

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minimum distance requirement between closings, and fishing methods are the (xii) You may take fish other than fish wheels; same as those issued for the subsistence salmon by set gillnet, drift gillnet, beach (D) During the State commercial taking of fish under Alaska Statutes (AS seine, fish wheel, pot, long line, fyke salmon fishing season, within the 16.05.060), unless superseded by a net, dip net, jigging gear, spear, lead, Yukon River and the Tanana River Federal Special Action. handline, or rod and reel. below the confluence of the Wood (iii) In District 1 and in those waters (xiii) You must attach to the bank River, you may use drift gillnets and of the Kuskokwim River between each subsistence gillnet operated in fish wheels only during open Districts 1 and 2, excluding the tributaries of the Kuskokwim River and subsistence salmon fishing periods; Kuskokuak Slough, you may not take fish it substantially perpendicular to the (E) In Birch Creek, gillnet mesh size salmon for 16 hours before, during, and bank and in a substantially straight line. may not exceed 3-inches stretch- for 6 hours after, each State open (xiv) Within a tributary to the measure. commercial salmon fishing period for Kuskokwim River in that portion of the (xvii) In District 4, from September 21 District 1. Kuskokwim River drainage from the through May 15, you may use jigging (iv) In District 1, Kuskokuak Slough north end of Eek Island upstream to the gear from shore ice. only from June 1 through July 31, you mouth of the Kolmakoff River, you may (xviii) You must possess a subsistence may not take salmon for 16 hours before not set or operate any part of a set fishing permit for the following and during each State open commercial gillnet within 150 feet of any part of locations: salmon fishing period in the district. another set gillnet. (A) For the Yukon River drainage (v) In Districts 4 and 5, from June 1 (xv) The maximum depth of gillnets is from the mouth of Hess Creek to the through September 8, you may not take as follows: mouth of the Dall River; salmon for 16 hours before, during, and (A) Gillnets with 6-inch or smaller (B) For the Yukon River drainage from 6 hours after each State open mesh may not be more than 45 meshes the upstream mouth of 22 Mile Slough commercial salmon fishing period in in depth; to the U.S.-Canada border; each district. (B) Gillnets with greater than 6-inch (C) Only for salmon in the Tanana (vi) In District 2, and anywhere in mesh may not be more than 35 meshes River drainage above the mouth of the tributaries that flow into the in depth. Wood River. (xvi) You may take halibut only by a Kuskokwim River within that district, (xix) Only one subsistence fishing single hand-held line with no more than from June 1 through September 8 you permit will be issued to each household two hooks attached to it. may not take salmon by net gear or per year. (xvii) You may not use subsistence set fishwheel for 16 hours before, during, (xx) In Districts 1, 2, and 3, you may and drift gillnets exceeding 15 fathoms and 6 hours after each open commercial not possess king salmon taken for in length in Whitefish Lake in the Ophir salmon fishing period in the district. subsistence purposes unless the dorsal Creek drainage. You may not operate You may subsistence fish for salmon fin has been removed immediately after more than one subsistence set or drift with rod and reel 24 hours per day, 7 landing. gillnet at a time in Whitefish Lake in the days per week, unless rod and reel are (xxi) In the Yukon River drainage, Ophir Creek drainage. You must check specifically restricted by this paragraph chinook (king) salmon must be used the net at least once every 24 hours. primarily for human consumption and (i)(4) of this section. (xviii) Rainbow trout may be taken by may not be targeted for dog food. Dried (vii) You may not take subsistence only residents of Goodnews Bay, chinook salmon may not be used for fish by nets in the Goodnews River east Platinum, Quinhagak, Eek, Kwethluk, dogfood anywhere in the Yukon River of a line between ADF&G regulatory Akiachak, and Akiak. The following drainage. Whole fish unfit for human markers placed near the mouth of the restrictions apply: consumption (due to disease, Ufigag River and an ADF&G regulatory (A) You may take rainbow trout only deterioration, deformities), scraps, and marker placed near the mouth of the by the use of gillnets, dip nets, fyke small fish (16 inches or less) may be fed Tunulik River 16 hours before, during, nets, handline, spear, rod and reel, or to dogs. Also, whole chinook salmon and 6 hours after each State open jigging through the ice; caught incidentally during a subsistence commercial salmon fishing period. (B) You may not use gillnets, dip nets, chum salmon fishery in the following (viii) You may not take subsistence or fyke nets for targeting rainbow trout time periods and locations may be fed fish by nets in the Kanektok River from March 15–June 15; to dogs: upstream of ADF&G regulatory markers (C) If you take rainbow trout (A) After July 10 in the Koyukuk River placed near the mouth 16 hours before, incidentally in other subsistence net drainage; during, and 6 hours after each State fisheries and through the ice, you may (B) After August 10, in Subdistrict 5– open commercial salmon fishing period. retain them for subsistence purposes; D, upstream of Circle City. (ix) You may not take subsistence fish (D) There are no harvest limits with (4) Kuskokwim Area. The Kuskokwim by nets in the Arolik River upstream of handline, spear, rod and reel, or jigging. Area consists of all waters of Alaska ADF&G regulatory markers placed near (5) Bristol Bay Area. The Bristol Bay between the latitude of the westernmost the mouth 16 hours before, during, and Area includes all waters of Bristol Bay point of Naskonat Peninsula and the 6 hours after each State open including drainages enclosed by a line latitude of the southernmost tip of Cape commercial salmon fishing period. from Cape Newenham to Cape Newenham, including the waters of (x) You may take salmon only by Menshikof. Alaska surrounding Nunivak and St. gillnet, beach seine, fish wheel, or rod (i) Unless restricted in this section, or Matthew Islands and those waters and reel subject to the restrictions set unless under the terms of a subsistence draining into the Bering Sea. out in this section, except that you may fishing permit, you may take fish at any (i) Unless otherwise restricted in this also take salmon by spear in the Holitna, time in the Bristol Bay area. section, you may take fish in the Kanektok, and Arolik River drainages, (ii) In all State commercial salmon Kuskokwim Area at any time without a and in the drainage of Goodnews Bay. districts, from May 1 through May 31 subsistence fishing permit. (xi) You may not use an aggregate and October 1 through October 31, you (ii) For the Kuskokwim area, Federal length of set gillnets or drift gillnets in may subsistence fish for salmon only subsistence fishing schedules, openings, excess of 50 fathoms for taking salmon. from 9 a.m. Monday until 9 a.m. Friday.

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From June 1 through September 30, consultation with ADF&G and local at 53° 52.82″ N. lat., 166° 32.13″ W. within the waters of a commercial users. long., and north of line from a point salmon district, you may take salmon (xv) Only one subsistence fishing south of Agnes Beach at 53° 52.28″ N. only during State open commercial permit for salmon and one for rainbow lat., 166° 32.68″ W. long. to a point at salmon fishing periods. trout may be issued to each household 53° 52.35″ N. lat., 166° 32.95″ W. long. (iii) In the Egegik River from 9 a.m. per year. on Amaknak Island; June 23 through 9 a.m. July 17, you may (xvi) In the Togiak River section and (C) Within Unalaska Bay south of a take salmon only from 9 a.m. Tuesday the Togiak River drainage, you may not line from the northern tip of Cape to 9 a.m. Wednesday and 9 a.m. possess coho salmon taken under the Cheerful to the northern tip of Kalekta Saturday to 9 a.m. Sunday. authority of a subsistence fishing permit Point, waters within 250 yards of any (iv) You may not take fish from waters unless both lobes of the caudal fin (tail) anadromous stream, except the outlet within 300 feet of a stream mouth used or the dorsal fin have been removed. stream of Unalaska Lake, which is by salmon. (xvii) You may take rainbow trout closed under paragraph (i)(6)(iv)(A) of (v) You may not subsistence fish with only by rod and reel or jigging gear. this section; nets in the Tazimina River and within Rainbow trout daily harvest and (D) The waters of Summers and one-fourth mile of the terminus of those possession limits are 2 per day/2 in Morris Lakes and their tributaries and waters during the period from possession with no size limit April 10– outlet streams; September 1 through June 14. October 31; 5 per day/5 in possession (E) All streams supporting (vi) Within any district, you may take with no size limit November 1–April 9. anadromous fish runs that flow into salmon, herring, and capelin only by (xviii) If you take rainbow trout Unalaska Bay south of a line from the drift and set gillnets. incidentally in other subsistence net northern tip of Cape Cheerful to the (vii) Outside the boundaries of any fisheries, or through the ice, you may northern tip of Kalekta Point; district, you may take salmon only by retain them for subsistence purposes. (F) Waters of McLees Lake and its set gillnet, except that you may also take (6) Aleutian Islands Area. The tributaries and outlet stream; salmon by spear in the Togiak River Aleutian Islands Area includes all (G) Waters in Reese Bay from July 1 waters of Alaska west of the longitude through July 9, within 500 yards of the excluding its tributaries. ° (viii) The maximum lengths for set of the tip of Cape Sarichef, east of 172 outlet stream terminus to McLees Lake; ° ′ (H) All freshwater on Adak Island and gillnets used to take salmon are as East longitude, and south of 54 36 Kagalaska Island in the Adak District. follows: North latitude. (i) You may take fish, other than (v) You may take salmon by seine and (A) You may not use set gillnets salmon and rainbow/steelhead trout, at gillnet, or with gear specified on a exceeding 10 fathoms in length in the any time unless restricted under the subsistence fishing permit. Egegik River; terms of a subsistence fishing permit. If (vi) In the Unalaska District, if you (B) In the remaining waters of the you take rainbow/steelhead trout fish with a net, you must be physically area, you may not use set gillnets incidentally in other subsistence net present at the net at all times when the exceeding 25 fathoms in length. fisheries, you may retain them for net is being used. (ix) You may not operate any part of subsistence purposes. (vii) You may take fish other than a set gillnet within 300 feet of any part (ii) In the Unalaska District, you may salmon by gear listed in this part unless of another set gillnet. take salmon for subsistence purposes restricted under the terms of a (x) You must stake and buoy each set from 6 a.m. until 9 p.m. from January 1 subsistence fishing permit. gillnet. Instead of having the identifying through December 31, except: (viii) You may take salmon, trout, and information on a keg or buoy attached (A) That from June 1 through char only under the terms of a to the gillnet, you may plainly and September 15, you may not use a subsistence fishing permit, except that legibly inscribe your first initial, last salmon seine vessel to take salmon for you do not need a permit in the Akutan, name, and subsistence permit number subsistence 24 hours before, during, or Umnak, and Atka-Amlia Islands on a sign at or near the set gillnet. 24 hours after a State open commercial Districts. (xi) You may not operate or assist in salmon fishing period within a 50-mile (ix) You may take no more than 250 operating subsistence salmon net gear radius of the area open to commercial salmon for subsistence purposes unless while simultaneously operating or salmon fishing; otherwise specified on the subsistence assisting in operating commercial (B) That from June 1 through fishing permit, except that in the salmon net gear. September 15, you may use a purse Unalaska and Adak Districts, you may (xii) During State closed commercial seine vessel to take salmon only with a take no more than 25 salmon plus an herring fishing periods, you may not use gillnet and you may not have any other additional 25 salmon for each member gillnets exceeding 25 fathoms in length type of salmon gear on board the vessel of your household listed on the permit. for the subsistence taking of herring or while subsistence fishing; or You may obtain an additional permit. capelin. (C) As may be specified on a (x) You must keep a record on the (xiii) You may take fish other than subsistence fishing permit. reverse side of the permit of salmon, rainbow trout, herring, capelin, (iii) In the Adak, Akutan, Atka-Amlia, subsistence-caught fish. You must and halibut by gear listed in this part and Umnak Districts, you may take complete the record immediately upon unless restricted under the terms of a salmon at any time. taking subsistence-caught fish and must subsistence fishing permit. (iv) You may not subsistence fish for return it no later than October 31. (xiv) You may take salmon and char salmon in the following waters: (xi) The daily harvest limit for halibut only under authority of a subsistence (A) The waters of Unalaska Lake, its is two fish, and the possession limit is fishing permit. You may take rainbow tributaries and outlet stream; two daily harvest limits. You may not trout only under authority of a Federal (B) The waters between Unalaska and possess sport-taken and subsistence- subsistence fishing permit; permit Amaknak Islands, including Margaret’s taken halibut on the same day. conditions and systems to receive Bay, west of a line from the ‘‘Bishop’s (7) Alaska Peninsula Area. The special protection will be determined by House’’ at 53° 52.64″ N. lat., 166° 32.30″ Alaska Peninsula Area includes all the local Federal fisheries manager in W. long. to a point on Amaknak Island Pacific Ocean waters of Alaska between

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a line extending southeast (135°) from a line extending southeast (135°) from from January 1 through December 31, the tip of Kupreanof Point and the the tip of Kupreanof Point. with the following exceptions: longitude of the tip of Cape Sarichef, (i) You may take fish, other than (A) From June 1 through September and all Bering Sea waters of Alaska east rainbow/steelhead trout, at any time, 15, you may not use salmon seine of the longitude of the tip of Cape except as may be specified by a vessels to take subsistence salmon for 24 Sarichef and south of the latitude of the subsistence fishing permit. If you take hours before, during, and for 24 hours tip of Cape Menshikof. rainbow/steelhead trout incidentally in after any State open commercial salmon (i) You may take fish, other than other subsistence net fisheries, you may fishing period. The use of skiffs from salmon and rainbow/steelhead trout, at retain them for subsistence purposes. any type of vessel is allowed; any time unless restricted under the (ii) You may not take salmon in the (B) From June 1 through September terms of a subsistence fishing permit. If Chignik River, upstream from the 15, you may use purse seine vessels to you take rainbow/steelhead trout ADF&G weir site or counting tower, in take salmon only with gillnets, and you incidentally in other subsistence net Black Lake, or any tributary to Black may have no other type of salmon gear fisheries or through the ice, you may and Chignik Lakes. on board the vessel. retain them for subsistence purposes. (iii) You may take salmon, trout, and (iii) You may not subsistence fish for (ii) You may take salmon, trout, and char only under the authority of a salmon in the following locations: char only under the authority of a subsistence fishing permit. (A) Womens Bay closed waters—all subsistence fishing permit. (iv) You must keep a record on your waters inside a line from the tip of the Nyman Peninsula (57°43.23′ N. lat., (iii) You must keep a record on the permit of subsistence-caught fish. You ° ′ reverse side of the permit of must complete the record immediately 152 31.51 W long.), to the northeastern tip of Mary’s Island (57°42.40′ N. lat., subsistence-caught fish. You must upon taking subsistence-caught fish and ° ′ complete the record immediately upon must return it no later than October 31. 152 32.00 W. long.), to the southeastern shore of Womens Bay at 57°41.95′ N. taking subsistence-caught fish and must (v) If you hold a commercial fishing ° ′ return it no later than October 31. license, you may not subsistence fish for lat., 152 31.50 W. long.; (B) Buskin River closed waters—all (iv) You may take salmon at any time salmon from 48 hours before the first waters inside of a line running from a except within 24 hours before and State commercial salmon fishing marker on the bluff north of the mouth within 12 hours following each State opening in the Chignik Area through of the Buskin River at approximately open weekly commercial salmon fishing September 30. 57°45.80′ N. lat, 152°28.38′ W. long., to period within a 50-mile radius of the (vi) You may take salmon by seines, a point offshore at 57°45.35′ N. lat, area open to commercial salmon fishing, gillnets, rod and reel, or with gear 152°28.15′ W. long., to a marker located or as may be specified on a subsistence specified on a subsistence fishing onshore south of the river mouth at fishing permit. permit, except that in Chignik Lake you approximately 57°45.15′ N. lat., (v) You may not subsistence fish for may not use purse seines. 152°28.65′ W. long.; salmon in the following waters: (vii) You may take fish other than (C) All waters closed to commercial (A) Russell Creek and Nurse Lagoon salmon by gear listed in this part unless salmon fishing within 100 yards of the and within 500 yards outside the mouth restricted under the terms of a terminus of Selief Bay Creek; of Nurse Lagoon; subsistence fishing permit. (D) In Afognak Bay north and west of (B) Trout Creek and within 500 yards (viii) You may take halibut for a line from the tip of Last Point to the outside its mouth. subsistence purposes only by a single tip of River Mouth Point; (vi) You may take salmon by seine, handheld line with no more than two (E) From August 15 through gillnet, rod and reel, or with gear hooks attached. September 30, all waters 500 yards specified on a subsistence fishing (ix) You may take no more than 250 seaward of the terminus of Little Kitoi permit. salmon for subsistence purposes unless Creek; (vii) You may take fish other than otherwise specified on the subsistence (F) All freshwater systems of Afognak salmon by gear listed in this part unless fishing permit. Island. restricted under the terms of a (x) The daily harvest limit for halibut (iv) You must have a subsistence subsistence fishing permit. is two fish, and the possession limit is fishing permit for taking salmon, trout, (viii) You may not use a set gillnet two daily harvest limits. You may not and char for subsistence purposes. You exceeding 100 fathoms in length. possess sport-taken and subsistence- must have a subsistence fishing permit (ix) You may take halibut for taken halibut on the same day. for taking herring and bottomfish for subsistence purposes only by a single (9) Kodiak Area. The Kodiak Area subsistence purposes during the State handheld line with no more than two includes all waters of Alaska south of a commercial herring sac roe season from hooks attached. line extending east from Cape Douglas April 15 through June 30. (x) You may take no more than 250 (58° 51.10′ N. lat.), west of 150° W. (v) With a subsistence salmon fishing salmon for subsistence purposes unless long., north of 55° 30.00′ N. lat.; and east permit you may take 25 salmon plus an otherwise specified on your subsistence of the longitude of the southern additional 25 salmon for each member fishing permit. entrance of Imuya Bay near Kilokak of your household whose names are (xi) The daily harvest limit for halibut Rocks (156° 20.22′ W. long.). listed on the permit. You may obtain an is two fish and the possession limit is (i) You may take fish, other than additional permit if you can show that two daily harvest limits. You may not salmon and rainbow/steelhead trout, at more fish are needed. possess sport-taken and subsistence- any time unless restricted by the terms (vi) You must record on your taken halibut on the same day. of a subsistence fishing permit. If you subsistence permit the number of (8) Chignik Area. The Chignik Area take rainbow/steelhead trout subsistence fish taken. You must includes all waters of Alaska on the incidentally in other subsistence net complete the record immediately upon south side of the Alaska Peninsula fisheries, you may retain them for landing subsistence-caught fish, and enclosed by 156° 20.22″ West longitude subsistence purposes. must return it by February 1 of the year (the longitude of the southern entrance (ii) You may take salmon for following the year the permit was to Imuya Bay near Kilokak Rocks) and subsistence purposes 24 hours a day issued.

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(vii) You may take fish other than (ii) You may take fish by gear listed person, of which no more than 5 may salmon and halibut by gear listed in this in paragraph (c)(1) of this part unless be chinook salmon taken by dip net and part unless restricted under the terms of restricted in this section or under the no more than 5 chinook taken by rod a subsistence fishing permit. terms of a subsistence fishing permit. and reel, or no more than a total of 500 (viii) You may take salmon only by (iii) If you catch rainbow/steelhead salmon for a permit issued to a gillnet, rod and reel, or seine. trout incidentally in other subsistence household with 2 or more persons, of (ix) You must be physically present at net fisheries, you may retain them for which no more than 5 may be chinook the net when the net is being fished. subsistence purposes, unless restricted salmon taken by dip net and no more (x) You may take halibut only by a in this section. than 5 chinook taken by rod and reel. single hand-held line with not more (iv) In the Copper River drainage (xi) The following apply to Upper than two hooks attached to it. upstream from Haley Creek, you may Copper River District subsistence (xi) The daily harvest limit for halibut take salmon only in the waters of the salmon fishing permits: is two fish, and the possession limit is Upper Copper River District, or in the (A) Only one subsistence fishing two daily harvest limits. You may not vicinity of the Native Village of permit per subdistrict will be issued to possess sport-taken and subsistence- Batzulnetas. each household per year. If a household taken halibut on the same day. (v) In the Upper Copper River District, has been issued permits for both (10) Cook Inlet Area. The Cook Inlet you may take salmon only by fish subdistricts in the same year, both Area includes all waters of Alaska wheels, rod and reel, or dip nets. permits must be in your possession and enclosed by a line extending east from (vi) Rainbow/steelhead trout and readily available for inspection while Cape Douglas (58° 51′ 06″ N. lat.) and other freshwater fish caught incidentally fishing or transporting subsistence-taken a line extending south from Cape to salmon by fish wheel in the Upper fish in either subdistrict. A qualified household may also be issued a Fairfield (148° 50′ 15″ W. long.). Copper River District may be retained. (vii) Freshwater fish other than Batzulnetas salmon fishery permit in the (i) Unless restricted in this section, or rainbow/steelhead trout caught same year; unless restricted under the terms of a incidentally to salmon by dip net in the (B) Multiple types of gear may be subsistence fishing permit, you may Upper Copper River District may be specified on a permit, although only one take fish at any time in the Cook Inlet retained. Rainbow/steelhead trout unit of gear may be operated at any one Area. If you take rainbow/steelhead caught incidentally to salmon by dip net time; trout incidentally in other subsistence in the Upper Copper River District must (C) You must return your permit no net fisheries, you may retain them for be released unharmed to the water. later than October 31 of the year in subsistence purposes. (viii) You may not possess salmon which the permit is issued, or you may (ii) You may not take grayling or taken under the authority of an Upper be denied a permit for the following burbot for subsistence purposes. Copper River District subsistence year; (iii) You may take fish by gear listed fishing permit, or rainbow/steelhead (D) A fish wheel may be operated only in this part unless restricted in this trout caught incidentally to salmon by by one permit holder at one time; that section or under the terms of a fishwheel, unless the anal (ventral) fin permit holder must have the fish wheel subsistence fishing permit (as may be has been immediately removed from the marked as required by Section modified by this section). fish. You must immediately record all ——.27(i)(11) and during fishing (iv) You may only take salmon, Dolly retained fish on the subsistence permit. operations; Varden, trout, and char under authority Immediately means prior to concealing (E) Only the permit holder and the of a Federal subsistence fishing permit. the fish from plain view or transporting authorized member of the household Seasons, harvest and possession limits, the fish more than 50 feet from where listed on the subsistence permit may and methods and means for take are the the fish was removed from the water. take salmon; same as for the taking of those species (ix) You may take salmon in the (F) You must personally operate your under Alaska sport fishing regulations Upper Copper River District only from fish wheel or dip net; (G) You may not loan or transfer a (5 AAC 56). May 15 through September 30. (v) You may only take smelt with dip (x) The total annual harvest limit for subsistence fish wheel or dip net permit nets or gillnets in fresh water from April subsistence salmon fishing permits in except as permitted. (xii) If you are a fishwheel owner: 1 through June 15. You may not use a combination for the Glennallen gillnet exceeding 20 feet in length and (A) You must register your fish wheel Subdistrict and the Chitina Subdistrict with ADF&G or the Federal Subsistence 2 inches in mesh size. You must attend is as follows: the net at all times when it is being Board; (A) For a household with 1 person, 30 (B) Your registration number and used. There are no harvest or possession salmon, of which no more than 5 may name and address must be permanently limits for smelt. be chinook salmon taken by dip net and affixed and plainly visible on the fish (vi) Gillnets may not be used in no more than 5 chinook taken by rod wheel when the fish wheel is in the freshwater, except for the taking of and reel; water; whitefish in the Tyone River drainage or (B) For a household with 2 persons, (C) Only the current year’s registration for the taking of smelt. 60 salmon, of which no more than 5 number may be affixed to the fish (11) Prince William Sound Area. The may be chinook salmon taken by dip net wheel; you must remove any other Prince William Sound Area includes all and no more than 5 chinook taken by registration number from the fish wheel; waters and drainages of Alaska between rod and reel, plus 10 salmon for each (D) You must remove the fish wheel the longitude of Cape Fairfield and the additional person in a household over 2 from the water at the end of the permit longitude of Cape Suckling. persons, except that the household’s period; (i) You may take fish, other than limit for chinook salmon taken by dip (E) You may not rent, lease, or rainbow/steelhead trout, in the Prince net or rod and reel does not increase; otherwise use your fish wheel used for William Sound Area only under (C) Upon request, permits for subsistence fishing for personal gain. authority of a subsistence fishing additional salmon will be issued for no (xiii) If you are operating a fishwheel: permit, except that a permit is not more than a total of 200 salmon for a (A) You may operate only one fish required to take eulachon. permit issued to a household with 1 wheel at any one time;

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(B) You may not set or operate a fish Service regulatory markers identifying (vi) You may take fish by gear listed wheel within 75 feet of another fish the open waters of the creek; in this part unless restricted in this wheel; (B) You may use only fish wheels, dip section or under the terms of a (C) No fish wheel may have more than nets, and rod and reel on the Copper subsistence fishing permit. two baskets; River and only dip nets, spears, and rod (vii) In the Situk River, each (D) If you are a permittee other than and reel in Tanada Creek; subsistence salmon fishing permit the owner, a wood or metal plate at least (C) You may take salmon only from holder shall attend his or her gill net at 12 inches high by 12 inches wide, May 15 through September 30 or until all times when it is being used to take bearing your name and address in letters the season is closed by special action; salmon. and numerals at least 1 inch high, must (D) You may retain chinook salmon (viii) You may block up to two-thirds be attached to the fish wheel so that the taken in a fishwheel in the Copper of a stream with a gillnet or seine used name and address are plainly visible. River. You may not take chinook salmon for subsistence fishing. (xiv) A subsistence fishing permit in Tanada Creek; (ix) You must remove the dorsal fin may be issued to a village council, or (E) You must return the permit to the from subsistence-caught salmon when other similarly qualified organization National Park Service no later than taken. whose members operate fish wheels for October 15. (x) You may not possess subsistence- subsistence purposes in the Upper (xvi) You may take pink salmon for taken and sport-taken salmon on the Copper River District, to operate fish subsistence purposes from freshwater same day. wheels on behalf of members of its with a dip net from May 15 until (xi) With a subsistence fishing permit, village or organization. A permit may September 30, 7 days per week, with no you may harvest at any time up to 10 only be issued following approval by harvest or possession limits in the Dolly Varden with no minimum size. ADF&G or the Federal Subsistence following areas: (13) Southeastern Alaska Area. The Board of a harvest assessment plan to be (A) Green Island, Knight Island, Southeastern Alaska Area includes all administered by the permitted council Chenega Island, Bainbridge Island, waters between a line projecting or organization. The harvest assessment Evans Island, Elrington Island, Latouche southwest from the westernmost tip of plan must include: provisions for Island, and adjacent islands, and the Cape Fairweather and Dixon Entrance. recording daily catches for each fish mainland waters from the outer point of (i) Unless restricted in this section or wheel; sample data collection forms; Granite Bay located in Knight Island under the terms of a subsistence fishing location and number of fish wheels; the Passage to Cape Fairfield; permit, you may take fish, other than full legal name of the individual (B) Waters north of a line from rainbow/steelhead trout, in the responsible for the lawful operation of Porcupine Point to Granite Point, and Southeastern Alaska Area at any time. each fish wheel; and other information south of a line from Point Lowe to (ii) From July 7 through July 31, you determined to be necessary for effective Tongue Point. may take sockeye salmon in the waters resource management. The following (12) Yakutat Area. The Yakutat Area of the Klawock River and Klawock Lake additional provisions apply to includes all waters and drainages of only from 8 a.m. Monday until 5 p.m. subsistence fishing permits issued Alaska between the longitude of Cape Friday. under this paragraph (i)(11)(xiv): Suckling and the longitude of Cape (iii) You must possess a subsistence (A) The permit will list all households Fairweather. fishing permit to take salmon. You must and household members for whom the (i) Unless restricted in this section or possess a Federal subsistence fishing fish wheel is being operated; unless restricted under the terms of a permit to take coho salmon, trout, or (B) The allowable harvest may not subsistence fishing permit, you may char. You must possess a Federal exceed the combined seasonal limits for take fish at any time in the Yakutat subsistence fishing permit to take the households listed on the permit; the Area. steelhead in Hamilton Bay and Kadake permittee will notify the ADF&G or (ii) You may not take salmon during Bay Rivers. You must possess a Federal Federal Subsistence Board when the period commencing 48 hours before subsistence fishing permit to take households are added to the list, and the a State opening of commercial salmon eulachon from any freshwater stream seasonal limit may be adjusted net fishing season until 48 hours after flowing into fishing Sections 1–C or accordingly; the closure. This applies to each river or 1–D. (C) Members of households listed on bay fishery individually. (iv) You may take steelhead trout on a permit issued to a village council or (iii) When the length of the weekly Prince of Wales Island only under the other similarly qualified organization State commercial salmon net fishing terms of Federal subsistence fishing are not eligible for a separate household period exceeds two days in any Yakutat permits. You must obtain a separate subsistence fishing permit for the Upper Area salmon net fishery, the subsistence permit for the winter and spring Copper River District. fishing period is from 6:00 a.m. to 6:00 seasons. (xv) You may take salmon in the p.m. on Saturday in that location. (A) The winter season is December 1 vicinity of the former Native village of (iv) You may take salmon, trout (other through the last day of February, with Batzulnetas only under the authority of than steelhead,) and char only under a harvest limit of 2 fish per household. a Batzulnetas subsistence salmon authority of a subsistence fishing You may use only a dip net, spear, or fishing permit available from the permit. You may only take steelhead rod and reel with artificial lure or fly. National Park Service under the trout in the Situk and Ahrnklin Rivers You may not use bait. The winter season following conditions: and only under authority of a Federal may be closed when the harvest level (A) You may take salmon only in subsistence fishing permit. cap of 100 steelhead for Prince of Wales those waters of the Copper River (v) If you take salmon, trout, or char Island has been reached. You must between National Park Service incidentally by gear operated under the return your winter season permit within regulatory markers located near the terms of a subsistence permit for 15 days of the close of the season and mouth of Tanada Creek and salmon, you may retain them for before receiving another permit for a approximately one-half mile subsistence purposes. You must report Prince of Wales steelhead subsistence downstream from that mouth and in any salmon, trout, or char taken in this fishery. The permit conditions and Tanada Creek between National Park manner on your permit calendar. systems to receive special protection

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will be determined by the local Federal (xii) For Virginia Lake (Mill Creek), harvest limit for a particular species fisheries manager in consultation with the daily harvest limit per household is under a subsistence season specified in ADF&G. 20 sockeye salmon, and the season limit this section, you may not, after that, take (B) The spring season is March 1 per household is 40 sockeye salmon. any additional shellfish of that species through May 31, with a harvest limit of (xiii) For Thoms Creek, the daily under any other harvest limit specified 5 fish per household. You may use only harvest limit per household is 20 for a State season. a dip net, spear, or rod and reel with sockeye salmon, and the season limit (2) Unless otherwise provided in this artificial lure or fly. You may not use per household is 40 sockeye salmon. section or under terms of a required bait. The spring season may be closed (xiv) The Sarkar River system above subsistence fishing permit (as may be prior to May 31 if the harvest quota of the bridge is closed to the use of all nets modified by this section), you may use 600 fish minus the number of steelhead by both Federally-qualified and non- the following legal types of gear to take harvested in the winter subsistence Federally qualified users. shellfish: steelhead fishery is reached. You must (xv) Only Federally-qualified (i) Abalone iron; return your spring season permit within subsistence users may harvest sockeye (ii) Diving gear; 15 days of the close of the season and salmon in streams draining into Falls (iii) A grappling hook; before receiving another permit for a Lake Bay, Gut Bay, or Pillar Bay. In the (iv) A handline; Prince of Wales steelhead subsistence Falls Lake Bay and Gut Bay drainages, (v) A hydraulic clam digger; fishery. The permit conditions and the possession limit is 10 sockeye (vi) A mechanical clam digger; systems to receive special protection salmon per household. In the Pillar Bay (vii) A pot; will be determined by the local Federal drainage, the individual possession (viii) A ring net; fisheries manager in consultation with limit is 15 sockeye salmon with a (ix) A scallop dredge; (x) A sea urchin rake; ADF&G. household possession limit of 25 sockeye salmon. (xi) A shovel; and (v) In the Southeastern Alaska Area, (xii) A trawl. except for sections 3A, 3B, and 3C and (xvi) In Baranof Lake, Florence Lake, Hasselborg Lake and River, Mirror Lake, (3) You are prohibited from buying or the Stikine and Taku Rivers, you may selling subsistence-taken shellfish, their take coho salmon in Southeast Alaska Virginia Lake, and Wilson Lake, in addition to the requirement for a parts, or their eggs, unless otherwise waters under Federal jurisdiction under specified. the terms of a Federal subsistence Federal subsistence fishing permit, the following restrictions for the harvest of (4) You may not use explosives and fishing permit. There is no closed chemicals, except that you may use season. The daily harvest limit is 20 Dolly Varden, cutthroat, and rainbow trout apply: chemical baits or lures to attract coho salmon per household, and the shellfish. annual limit is 40 coho salmon per (A) You may harvest at any time up to 10 Dolly Varden of any size; (5) Marking requirements for household. Only dipnets, spears, gaffs, subsistence shellfish gear are as follows: and rod and reel may be used. Bait may (B) You may harvest at any time six cutthroat or rainbow trout in (i) You shall plainly and legibly only be used from September 15 inscribe your first initial, last name, and through November 15. You may not combination. You may only retain fish between 11″ and 22″. You may only use address on a keg or buoy attached to retain incidentally caught trout and unattended subsistence fishing gear, sockeye salmon unless taken by gaff or a rod and reel without bait. (xvii) In all waters, other than those except when fishing through the ice, spear. identified in paragraph (i)(13)(xvi) of you may substitute for the keg or buoy, (vi) You may take coho salmon in this section, in addition to the a stake inscribed with your first initial, Subdistricts 3(A), (B), and (C) only requirement for a subsistence fishing last name, and address inserted in the under the terms of a Federal subsistence permit, you may harvest Dolly Varden ice near the hole; subsistence fishing fishing permit. There is no closed and cutthroat and rainbow trout in gear may not display a permanent season. The daily harvest limit is 20 fish accordance with the seasons and harvest ADF&G vessel license number; per household. Only spears, dip net, limits delineated in the Alaska (ii) Kegs or buoys attached to and rod and reel may be used. Bait may Administrative Code, 5 AAC 47. You subsistence crab pots also must be be used only from September 15 may only use a rod and reel without bait inscribed with the name or United through November 15. unless the use of bait is specifically States Coast Guard number of the vessel (vii) If you take salmon, trout, or char permitted in 5 AAC 47. used to operate the pots. incidentally with gear operated under (6) Pots used for subsistence fishing terms of a subsistence permit for other § l.28 Subsistence taking of shellfish. must comply with the escape salmon, they may be kept for (a) Regulations in this section apply to mechanism requirements found in subsistence purposes. You must report subsistence taking of Dungeness crab, § l.27(c)(2). any salmon, trout, or char taken in this king crab, Tanner crab, shrimp, clams, (7) You may not mutilate or otherwise manner on your permit calendar. abalone, and other shellfish or their disfigure a crab in any manner which (viii) No permits for the use of nets parts. would prevent determination of the will be issued for the salmon streams (b) [Reserved] minimum size restrictions until the crab flowing across or adjacent to the road (c) You may take shellfish for has been processed or prepared for systems within the city limits of subsistence uses at any time in any area consumption. Petersburg, Wrangell, and Sitka. of the public lands by any method (e) Taking shellfish by designated (ix) You shall immediately remove the unless restricted by this section. harvest permit. (1) Any species of pelvic fins of all salmon when taken. (d) Methods, means, and general shellfish that may be taken by (x) You may not possess subsistence- restrictions. (1) The harvest limit subsistence fishing under this part may taken and sport-taken salmon on the specified in this section for a be taken under a designated harvest same day. subsistence season for a species and the permit. (xi) For the Salmon Bay Lake system, State harvest limit set for a State season (2) If you are a Federally-qualified the daily harvest and season limit per for the same species are not cumulative. subsistence user (beneficiary), you may household is 30 sockeye salmon. This means that if you have taken the designate another Federally-qualified

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subsistence user to take shellfish on failure to report was due to loss in the (C) Only male Tanner crabs 51⁄2 your behalf. The designated fisherman mail, accident, sickness, or other inches or greater in width of shell may must obtain a designated harvest permit unavoidable circumstances. be taken or possessed; prior to attempting to harvest shellfish (g) Subsistence take by commercial (D) No more than 2 pots per person, and must return a completed harvest vessels. No fishing vessel which is regardless of type, with a maximum of report. The designated fisherman may commercially licensed and registered 2 pots per vessel, regardless of type, harvest for any number of beneficiaries for shrimp pot, shrimp trawl, king crab, may be used to take Tanner crab. but may have no more than two harvest Tanner crab, or Dungeness crab fishing (iv) In the subsistence taking of clams: limits in his/her possession at any one may be used for subsistence take during (A) The daily harvest and possession time. the period starting 14 days before an limit for littleneck clams is 1,000 and (3) The designated fisherman must opening until 14 days after the closure the minimum size is 1.5 inches in have in possession a valid designated of a respective open season in the area length; harvest permit when taking, attempting or areas for which the vessel is (B) The daily harvest and possession to take, or transporting shellfish taken registered. However, if you are a limit for butter clams is 700 and the under this section, on behalf of a commercial fisherman, you may retain minimum size is 2.5 inches in length. beneficiary. shellfish for your own use from your (v) Other than as specified in this (4) You may not fish with more than lawfully taken commercial catch. section, there are no harvest, possession, one legal limit of gear as established by (h) You may not take or possess or size limits for other shellfish, and the this section. shellfish smaller than the minimum season is open all year. (5) You may not designate more than legal size limits. (4) Kodiak Area. (i) You may take crab one person to take or attempt to take (i) Unlawful possession of subsistence for subsistence purposes only under the shellfish on your behalf at one time. shellfish. You may not possess, authority of a subsistence crab fishing You may not personally take or attempt transport, give, receive, or barter permit issued by the ADF&G. (ii) The operator of a commercially to take shellfish at the same time that a shellfish or their parts taken in violation licensed and registered shrimp fishing designated fisherman is taking or of Federal or State regulations. vessel must obtain a subsistence fishing attempting to take shellfish on your (j)(1) An owner, operator, or employee permit from the ADF&G before behalf. of a lodge, charter vessel, or other subsistence shrimp fishing during a (f) If a subsistence shellfishing permit enterprise that furnishes food, lodging, State closed commercial shrimp fishing is required by this section, the following or guide services may not furnish to a season or within a closed commercial conditions apply unless otherwise client or guest of that enterprise, shrimp fishing district, section, or specified by the subsistence regulations shellfish that has been taken under this subsection. The permit shall specify the in this section: section, unless: (1) You may not take shellfish for area and the date the vessel operator (i) The shellfish has been taken with subsistence in excess of the limits set intends to fish. No more than 500 gear deployed and retrieved by the out in the permit unless a different limit pounds (227 kg) of shrimp may be in client or guest who is a federally- is specified in this section; possession aboard the vessel. qualified subsistence user; (2) You must obtain a permit prior to (iii) The daily harvest and possession subsistence fishing; (ii) The gear has been marked with the limit is 12 male Dungeness crabs per (3) You must have the permit in your client’s or guest’s name and address; person; only male Dungeness crabs with and possession and readily available for a shell width of 61⁄2 inches or greater inspection while taking or transporting (iii) The shellfish is to be consumed may be taken or possessed. Taking of the species for which the permit is by the client or guest or is consumed in Dungeness crab is prohibited in water issued; the presence of the client or guest. 25 fathoms or more in depth during the (4) The permit may designate the (2) The captain and crewmembers of 14 days immediately before the State species and numbers of shellfish to be a charter vessel may not deploy, set, or opening of a commercial king or Tanner harvested, time and area of fishing, the retrieve their own gear in a subsistence crab fishing season in the location. type and amount of fishing gear and shellfish fishery when that vessel is (iv) In the subsistence taking of king other conditions necessary for being chartered. crab: management or conservation purposes; (k) Subsistence shellfish areas and (A) The annual limit is six crabs per (5) If specified on the permit, you pertinent restrictions. (1) Southeastern household; only male king crab with shall keep accurate daily records of the Alaska-Yakutat Area. No marine waters shell width of 7 inches or greater may catch involved, showing the number of are currently identified under Federal be taken or possessed; shellfish taken by species, location and subsistence management jurisdiction. (B) All crab pots used for subsistence date of the catch, and such other (2) Prince William Sound Area. No fishing and left in saltwater unattended information as may be required for marine waters are currently identified longer than a 2-week period shall have management or conservation purposes; under Federal subsistence management all bait and bait containers removed and (6) You must complete and submit jurisdiction. all doors secured fully open; subsistence fishing reports at the time (3) Cook Inlet Area. (i) You may take (C) You may only use one crab pot, specified for each particular area and shellfish for subsistence purposes only which may be of any size, to take king fishery; as allowed in this section (k)(3). crab; (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–January 31, except that the conservation purposes is required by a subsistence purposes. 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 crab; the location;

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(E) The waters of the Pacific Ocean (ii) The daily harvest and possession intends to fish; no more than 500 enclosed by the boundaries of Womens limit is 12 male Dungeness crabs per pounds (227 kg) of shrimp may be in Bay, Gibson Cove, and an area defined person; only crabs with a shell width of possession aboard the vessel. 1 by a line 1⁄2 mile on either side of the 5 ⁄2 inches or greater may be taken or (iii) In waters south of 60° N. lat., the mouth of the Karluk River, and possessed. daily harvest and possession limit is 12 extending seaward 3,000 feet, and all (iii) In the subsistence taking of king male Dungeness crabs per person. waters within 1,500 feet seaward of the crab: (iv) In the subsistence taking of king (A) The daily harvest and possession shoreline of Afognak Island are closed crab: limit is six male crabs per person; only to the harvest of king crab except by (A) In waters south of 60° N. lat., the Federally-qualified subsistence users. crabs with a shell width of 61⁄2 inches or greater may be taken or possessed; daily harvest and possession limit is six (v) In the subsistence taking of Tanner males crabs per person; crab: (B) All crab pots used for subsistence fishing and left in saltwater unattended (B) All crab pots used for subsistence (A) You may not use more than five fishing and left in saltwater unattended crab pots to take Tanner crab; longer than a 2-week period shall have all bait and bait containers removed and longer than a two-week period shall (B) You may not take Tanner crab in all doors secured fully open; have all bait and bait containers waters 25 fathoms or greater in depth (C) You may take crabs only from June removed and all doors secured fully during the 14 days immediately before 1–January 31. open; the opening of a State commercial king (iv) The daily harvest and possession (C) In waters south of 60° N. lat., you or Tanner crab fishing season in the limit is 12 male Tanner crabs per may take crab only from June 1–January location; person; only crabs with a shell width of 31; (C) The daily harvest and possession 51⁄2 inches or greater may be taken or limit is 12 male crabs with a shell width (D) In the Norton Sound Section of possessed. the Northern District, you must have a 51⁄2 inches or greater per person. (6) Bering Sea Area. (i) In that portion (5) Alaska Peninsula-Aleutian Islands subsistence permit. of the area north of the latitude of Cape ° Area. (i) The operator of a commercially Newenham, shellfish may only be taken (v) In waters south of 60 N. lat., the licensed and registered shrimp fishing by shovel, jigging gear, pots, and ring daily harvest and possession limit is 12 vessel must obtain a subsistence fishing net. male Tanner crabs. permit from the ADF&G prior to (ii) The operator of a commercially Dated: December 27, 2002. subsistence shrimp fishing during a licensed and registered shrimp fishing William W. Knauer II, closed State commercial shrimp fishing vessel must obtain a subsistence fishing Acting Chair, Federal Subsistence Board. season or within a closed commercial permit from the ADF&G prior to shrimp fishing district, section, or subsistence shrimp fishing during a Dated: January 6, 2003. subsection; the permit shall specify the closed commercial shrimp fishing Calvin H. Casipit, area and the date the vessel operator season or within a closed commercial Acting Subsistence Program Leader, USDA– intends to fish; no more than 500 shrimp fishing district, section, or Forest Service. pounds (227 kg) of shrimp may be in subsection; the permit shall specify the [FR Doc. 03–2396 Filed 2–11–03; 8:45 am] possession aboard the vessel. area and the date the vessel operator BILLING CODE 3410–11–P; 4310–55–P

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