Subsistence taking of fish.

[Title 36 CFR 242.27]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 36 - PARKS, FORESTS, AND PUBLIC PROPERTY]
[Chapter II - FOREST SERVICE, DEPARTMENT OF AGRICULTURE]
[Part 242 - SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA]
[Subpart D - Subsistence Taking of Fish and Wildlife]
[Sec. 242.27 - Subsistence taking of fish.]
[From the U.S. Government Printing Office]

36PARKS, FORESTS, AND PUBLIC PROPERTY22002-07-012002-07-01falseSubsistence taking of fish.242.27Sec. 242.27PARKS, FORESTS, AND PUBLIC PROPERTYFOREST SERVICE, DEPARTMENT OF AGRICULTURESUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKASubsistence Taking of Fish and Wildlife
Sec. 242.27 Subsistence taking of fish.

(a) Applicability. (1) Regulations in this section apply to the
taking of fish or their parts for subsistence uses.
(2) You may take fish for subsistence uses at any time by any method
unless you are restricted by the subsistence fishing regulations found
in this section. The harvest limit specified in this section for a
subsistence season for a species and the State harvest limit set for a
State season for the same species are not cumulative. This means that if
you have taken the harvest limit for a particular species under a
subsistence season specified in this section, you may not, after that,
take any additional fish of that species under any other harvest limit
specified for a State season.
(b) [Reserved]
(c) Methods, means, and general restrictions. (1) Unless otherwise
specified in this section or under terms of a required subsistence
fishing permit (as may be modified by this section), you may use the
following legal types of gear for subsistence fishing:
(i) A set gillnet;
(ii) A drift gillnet;
(iii) A purse seine;
(iv) A hand purse seine;
(v) A beach seine;
(vi) Troll gear;
(vii) A fish wheel;
(viii) A trawl;
(ix) A pot;
(x) A longline;
(xi) A fyke net;
(xii) A lead;
(xiii) A herring pound;
(xiv) A dip net;
(xv) Jigging gear;
(xvi) A mechanical jigging machine;
(xvii) A handline;
(xviii) A cast net;
(xix) A rod and reel; and
(xx) A spear.
(2) You must include an escape mechanism on all pots used to take
fish or shellfish. The escape mechanisms are as follows:
(i) A sidewall, which may include the tunnel, of all shellfish and
bottomfish pots must contain an opening equal to or exceeding 18 inches
in length, except that in shrimp pots the opening must be a minimum of 6
inches in length. The opening must be laced, sewn, or secured together
by a single length of untreated, 100 percent cotton twine, no

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larger than 30 thread. The cotton twine may be knotted at each end only.
The opening must be within 6 inches of the bottom of the pot and must be
parallel with it. The cotton twine may not be tied or looped around the
web bars. Dungeness crab pots may have the pot lid tie-down straps
secured to the pot at one end by a single loop of untreated, 100 percent
cotton twine no larger than 60 thread, or the pot lid must be secured so
that, when the twine degrades, the lid will no longer be securely
closed;
(ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish and
bottomfish pots may, instead of complying with paragraph (c)(2)(i) of
this section, satisfy the following: a sidewall, which may include the
tunnel, must contain an opening at least 18 inches in length, except
that shrimp pots must contain an opening at least 6 inches in length.
The opening must be laced, sewn, or secured together by a single length
of treated or untreated twine, no larger than 36 thread. A galvanic
timed release device, designed to release in no more than 30 days in
salt water, must be integral to the length of twine so that, when the
device releases, the twine will no longer secure or obstruct the opening
of the pot. The twine may be knotted only at each end and at the
attachment points on the galvanic timed release device. The opening must
be within 6 inches of the bottom of the pot and must be parallel with
it. The twine may not be tied or looped around the web bars.
(3) For subsistence fishing for salmon, you may not use a gillnet
exceeding 50 fathoms in length, unless otherwise specified in this
section. The gillnet web must contain at least 30 filaments of equal
diameter or at least 6 filaments, each of which must be at least 0.20
millimeter in diameter.
(4) Except as otherwise provided for in this section, you may not
obstruct more than one-half the width of any stream with any gear used
to take fish for subsistence uses.
(5) You may not use live non-indigenous fish as bait.
(6) You must have your first initial, last name, and address plainly
and legibly inscribed on the side of your fishwheel facing midstream of
the river.
(7) You may use kegs or buoys of any color but red on any permitted
gear.
(8) You must have your first initial, last name, and address plainly
and legibly inscribed on each keg, buoy, stakes attached to gillnets,
stakes identifying gear fished under the ice, and any other unattended
fishing gear which you use to take fish for subsistence uses.
(9) You may not use explosives or chemicals to take fish for
subsistence uses.
(10) You may not take fish for subsistence uses within 300 feet of
any dam, fish ladder, weir, culvert or other artificial obstruction,
unless otherwise indicated.
(11) The limited exchange for cash of subsistence-harvested fish,
their parts, or their eggs, legally taken under Federal subsistence
management regulations to support personal and family needs is permitted
as customary trade, so long as it does not constitute a significant
commercial enterprise. The Board may recognize regional differences and
define customary trade differently for separate regions of the State.
(12) Individuals, businesses, or organizations may not purchase
subsistence-taken fish, their parts, or their eggs for use in, or resale
to, a significant commercial enterprise.
(13) Individuals, businesses, or organizations may not receive
through barter subsistence-taken fish, their parts or their eggs for use
in, or resale to, a significant commercial enterprise.
(14) Except as provided elsewhere in this section, you may not take
rainbow/steelhead trout.
(15) You may not use fish taken for subsistence use or under
subsistence regulations in this part as bait for commercial or sport
fishing purposes.
(16) You may not accumulate harvest limits authorized in this
section or Sec. 242.28 with harvest limits authorized under State
regulations.
(17) Unless specified otherwise in this section, you may use a rod
and reel to take fish without a subsistence fishing permit. Harvest
limits applicable to the use of a rod and reel to take fish for
subsistence uses shall be as follows:

[[Page 258]]

(i) If you are required to obtain a subsistence fishing permit for
an area, that permit is required to take fish for subsistence uses with
rod and reel in that area. The harvest and possession limits for taking
fish with a rod and reel in those areas are the same as indicated on the
permit issued for subsistence fishing with other gear types;
(ii) Except as otherwise provided for in this section, if you are
not required to obtain a subsistence fishing permit for an area, the
harvest and possession limits for taking fish for subsistence uses with
a rod and reel are the same as for taking fish under State of Alaska
subsistence fishing regulations in those same areas. If the State does
not have a specific subsistence season and/or harvest limit for that
particular species, the limit shall be the same as for taking fish under
State of Alaska sport fishing regulations.
(18) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish for
subsistence uses at any time.
(19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other
purposes, whitefish, herring, and species for which harvest limits,
seasons, or other regulatory methods and means are not provided in this
section, as well as the head, tail, fins, and viscera of legally-taken
subsistence fish.
(d) Fishing by designated harvest permit. (1) Any species of fish
that may be taken by subsistence fishing under this part may be taken
under a designated harvest permit.
(2) If you are a Federally-qualified subsistence user, you
(beneficiary) may designate another Federally-qualified subsistence user
to take fish on your behalf. The designated fisherman must obtain a
designated harvest permit prior to attempting to harvest fish and must
return a completed harvest report. The designated fisherman may fish for
any number of beneficiaries but may have no more than two harvest limits
in his/her possession at any one time.
(3) The designated fisherman must have in possession a valid
designated harvest permit when taking, attempting to take, or
transporting fish taken under this section, on behalf of a beneficiary.
(4) The designated fisherman may not fish with more than one legal
limit of gear.
(5) You may not designate more than one person to take or attempt to
take fish on your behalf at one time. You may not personally take or
attempt to take fish at the same time that a designated fisherman is
taking or attempting to take fish on your behalf.
(e) Fishing permits and reports. (1) You may take salmon only under
the authority of a subsistence fishing permit, unless a permit is
specifically not required in a particular area by the subsistence
regulations in this part, or unless you are retaining salmon from your
commercial catch consistent with paragraph (f) of this section.
(2) The U.S. Fish and Wildlife Service, Office of Subsistence
Management may issue a permit to harvest fish for a qualifying cultural/
educational program to an organization that has been granted a Federal
subsistence permit for a similar event within the previous 5 years. A
qualifying program must have instructors, enrolled students, minimum
attendance requirements, and standards for successful completion of the
course. Applications must be submitted to the Office of Subsistence
Management 60 days prior to the earliest desired date of harvest.
Permits will be issued for no more than 25 fish per culture/education
camp. Appeal of a rejected request can be made to the Federal
Subsistence Board. Application for an initial permit for a qualifying
cultural/educational program, for a permit when the circumstances have
changed significantly, when no permit has been issued within the
previous 5 years, or when there is a request for harvest in excess of
that provided in this paragraph (e)(2), will be considered by the
Federal Subsistence Board.
(3) If a subsistence fishing permit is required by this section, the
following permit conditions apply unless otherwise specified in this
section:
(i) You may not take more fish for subsistence use than the limits
set out in the permit;

[[Page 259]]

(ii) You must obtain the permit prior to fishing;
(iii) You must have the permit in your possession and readily
available for inspection while fishing or transporting subsistence-taken
fish;
(iv) If specified on the permit, you shall keep accurate daily
records of the catch, showing the number of fish taken by species,
location and date of catch, and other such information as may be
required for management or conservation purposes; and
(v) If the return of catch information necessary for management and
conservation purposes is required by a fishing permit and you fail to
comply with such reporting requirements, you are ineligible to receive a
subsistence permit for that activity during the following calendar year,
unless you demonstrate that failure to report was due to loss in the
mail, accident, sickness, or other unavoidable circumstances. You must
also return any tags or transmitters that have been attached to fish for
management and conservation purposes.
(f) Relation to commercial fishing activities. (1) If you are a
Federally-qualified subsistence user who also commercial fishes, you may
retain fish for subsistence purposes from your lawfully-taken commercial
catch.
(2) When participating in a commercial and subsistence fishery at
the same time, you may not use an amount of combined fishing gear in
excess of that allowed under the appropriate commercial fishing
regulations.
(g) You may not possess, transport, give, receive, or barter
subsistence-taken fish or their parts which have been taken contrary to
Federal law or regulation or State law or regulation (unless superseded
by regulations in this part).
(h) [Reserved]
(i) Fishery management area restrictions--(1) Kotzebue Area. The
Kotzebue Area includes all waters of Alaska between the latitude of the
westernmost tip of Point Hope and the latitude of the westernmost tip of
Cape Prince of Wales, including those waters draining into the Chukchi
Sea.
(i) You may take fish for subsistence purposes without a permit.
(ii) You may take salmon only by gillnets, beach seines, or a rod
and reel.
(iii) In the Kotzebue District, you may take sheefish with gillnets
that are not more than 50 fathoms in length, nor more than 12 meshes in
depth, nor have a mesh size larger than 7 inches.
(iv) You may not obstruct more than one-half the width of a stream,
creek, or slough with any gear used to take fish for subsistence uses,
except from May 15 to July 15 and August 15 to October 31 when taking
whitefish or pike in streams, creeks, or sloughs within the Kobuk River
drainage and from May 15 to October 31 in the Selawik River drainage.
Only one gillnet 100 feet or less in length with a mesh size from 2\1/2\
to 4\1/2\ inches may be used per site. You must check your net at least
once in every 24-hour period.
(2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence
Area includes all waters of Alaska between the latitude of the
westernmost tip of Cape Prince of Wales and the latitude of Point
Romanof, including those waters of Alaska surrounding St. Lawrence
Island and those waters draining into the Bering Sea.
(i) Unless otherwise restricted in this section, you take fish at
any time in the Port Clarence District.
(ii) In the Norton Sound District, you may take fish at any time
except as follows:
(A) In Subdistricts 2 through 6, if you are a commercial fishermen,
you may not fish for subsistence purposes during the weekly closures of
the State commercial salmon fishing season, except that from July 15
through August 1, you may take salmon for subsistence purposes 7 days
per week in the Unalakleet and Shaktoolik River drainages with gillnets
which have a mesh size that does not exceed 4\1/2\ inches, and with
beach seines;
(B) In the Unalakleet River from June 1 through July 15, you may
take salmon only from 8:00 a.m. Monday until 8:00 p.m. Saturday;
(C) In Subdistricts 1-3, you may take salmon other than chum salmon
by beach seine during periods established by emergency action.

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(iii) You may take salmon only by gillnets, beach seines, fishwheel,
or a rod and reel.
(iv) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging
gear, spear, lead, or a rod and reel.
(v) In the Unalakleet River from June 1 through July 15, you may not
operate more than 25 fathoms of gillnet in the aggregate nor may you
operate an unanchored fishing net.
(vi) You must have a subsistence fishing permit for net fishing in
all waters from Cape Douglas to Rocky Point.
(vii) Only one subsistence fishing permit will be issued to each
household per year.
(3) Yukon-Northern Area. The Yukon-Northern Area includes all waters
of Alaska between the latitude of Point Romanof and the latitude of the
westernmost point of the Naskonat Peninsula, including those waters
draining into the Bering Sea, and all waters of Alaska north of the
latitude of the westernmost tip of Point Hope and west of 141 deg. W.
long., including those waters draining into the Arctic Ocean and the
Chukchi Sea.
(i) Unless otherwise restricted in this section, you may take fish
in the Yukon-Northern Area at any time.
(ii) In the following locations, you may take salmon during the open
weekly fishing periods of the State commercial salmon fishing season and
may not take them for 24 hours before the opening of the State
commercial salmon fishing season:
(A) In District 4, excluding the Koyukuk River drainage;
(B) In Subdistricts 4-B and 4-C from June 15 through September 30,
salmon may be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and
from 6:00 p.m. Wednesday until 6:00 p.m. Friday;
(C) In District 6, excluding the Kantishna River drainage, salmon
may be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.
(iii) During any State commercial salmon fishing season closure of
greater than five days in duration, you may not take salmon during the
following periods in the following districts:
(A) In District 4, excluding the Koyukuk River drainage, salmon may
not be taken from 6:00 p.m. Friday until 6:00 p.m. Sunday;
(B) In District 5, excluding the Tozitna River drainage and
Subdistrict 5-D, salmon may not be taken from 6:00 p.m. Sunday until
6:00 p.m. Tuesday.
(iv) Except as provided in this section, and except as may be
provided by the terms of a subsistence fishing permit, you may take fish
other than salmon at any time.
(v) In Districts 1, 2, 3, and Subdistrict 4-A, excluding the Koyukuk
and Innoko River drainages, you may not take salmon for subsistence
purposes during the 24 hours immediately before the opening of the State
commercial salmon fishing season.
(vi) In Districts 1, 2, and 3:
(A) After the opening of the State commercial salmon fishing season
through July 15, you may not take salmon for subsistence for 18 hours
immediately before, during, and for 12 hours after each State commercial
salmon fishing period;
(B) After July 15, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each State
commercial salmon fishing period.
(vii) In Subdistrict 4-A after the opening of the State commercial
salmon fishing season, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each State
commercial salmon fishing period; however, you may take king salmon
during the State commercial fishing season, with drift gillnet gear
only, from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and from 6:00 p.m.
Wednesday until 6:00 p.m. Friday.
(viii) You may not subsistence fish in the following drainages
located north of the main Yukon River:
(A) Kanuti River upstream from a point 5 miles downstream of the
State highway crossing;
(B) Bonanza Creek;
(C) Jim River including Prospect and Douglas Creeks.
(ix) You may not subsistence fish in the Delta River.
(x) In Beaver Creek downstream from the confluence of Moose Creek, a

[[Page 261]]

gillnet with mesh size not to exceed 3-inches stretch-measure may be
used from June 15-September 15. You may subsistence fish for all non-
salmon species but may not target salmon during this time period
(retention of salmon taken incidentally to non-salmon directed fisheries
is allowed). From the mouth of Nome Creek downstream to the confluence
of Moose Creek, only rod and reel may be used. From the mouth of Nome
Creek downstream to the confluence of O'Brien Creek, the daily harvest
and possession limit is 5 grayling; from the mouth of O'Brien Creek
downstream to the confluence of Moose Creek, the daily harvest and
possession limit is 10 grayling. The Nome Creek drainage of Beaver Creek
is closed to subsistence fishing for grayling.
(xi) You may not subsistence fish in the Toklat River drainage from
August 15 through May 15.
(xii) You may take salmon only by gillnet, beach seine, fish wheel,
or rod and reel, subject to the restrictions set forth in this section.
(xiii) In District 4, if you are a commercial fisherman, you may not
take salmon for subsistence purposes during the State commercial salmon
fishing season using gillnets with mesh larger than six-inches after a
date specified by ADF&G emergency order issued between July 10 and July
31.
(xiv) In Districts 4, 5, and 6, you may not take salmon for
subsistence purposes by drift gillnets, except as follows:
(A) In Subdistrict 4-A upstream from the mouth of Stink Creek, you
may take king salmon by drift gillnets less than 150 feet in length from
June 10 through July 14, and chum salmon by drift gillnets after August
2;
(B) In Subdistrict 4-A downstream from the mouth of Stink Creek, you
may take king salmon by drift gillnets less than 150 feet in length from
June 10 through July 14.
(xv) Unless otherwise specified in this section, you may take fish
other than salmon and halibut by set gillnet, drift gillnet, beach
seine, fish wheel, long line, fyke net, dip net, jigging gear, spear,
lead, or rod and reel, subject to the following restrictions, which also
apply to subsistence salmon fishing:
(A) During the open weekly fishing periods of the State commercial
salmon fishing season, if you are a commercial fisherman, you may not
operate more than one type of gear at a time, for commercial, personal
use, and subsistence purposes;
(B) You may not use an aggregate length of set gillnet in excess of
150 fathoms and each drift gillnet may not exceed 50 fathoms in length;
(C) In Districts 4, 5, and 6, you may not set subsistence fishing
gear within 200 feet of other operating commercial, personal use, or
subsistence fishing gear except that, at the site approximately 1 mile
upstream from Ruby on the south bank of the Yukon River between ADF&G
regulatory markers containing the area known locally as the ``Slide,''
you may set subsistence fishing gear within 200 feet of other operating
commercial or subsistence fishing gear and in District 4, from Old
Paradise Village upstream to a point 4 miles upstream from Anvik, there
is no minimum distance requirement between fish wheels;
(D) During the State commercial salmon fishing season, within the
Yukon River and the Tanana River below the confluence of the Wood River,
you may use drift gillnets and fish wheels only during open subsistence
salmon fishing periods;
(E) In Birch Creek, gillnet mesh size may not exceed 3-inches
stretch-measure.
(xvi) In District 4, from September 21 through May 15, you may use
jigging gear from shore ice.
(xvii) You must possess a subsistence fishing permit for the
following locations:
(A) For the Yukon River drainage from the mouth of Hess Creek to the
mouth of the Dall River;
(B) For the Yukon River drainage from the upstream mouth of 22 Mile
Slough to the U.S.-Canada border;
(C) Only for salmon in the Tanana River drainage above the mouth of
the Wood River.
(xviii) Only one subsistence fishing permit will be issued to each
household per year.
(xix) In Districts 1, 2, and 3, you may not possess king salmon
taken for subsistence purposes unless the dorsal fin

[[Page 262]]

has been removed immediately after landing.
(xx) In the Yukon River drainage, chinook (king) salmon must be used
primarily for human consumption and may not be targeted for dog food.
Dried chinook salmon may not be used for dogfood anywhere in the Yukon
River drainage. Whole fish unfit for human consumption (due to disease,
deterioration, deformities), scraps, and small fish (16 inches or less)
may be fed to dogs. Also, whole chinook salmon caught incidentally
during a subsistence chum salmon fishery in the following time periods
and locations may be fed to dogs:
(A) After July 10 in the Koyukuk River drainage;
(B) After August 10, in Subdistrict 5-D, upstream of Circle City.
(4) Kuskokwim Area. The Kuskokwim Area consists of all waters of
Alaska between the latitude of the westernmost point of Naskonat
Peninsula and the latitude of the southernmost tip of Cape Newenham,
including the waters of Alaska surrounding Nunivak and St. Matthew
Islands and those waters draining into the Bering Sea.
(i) Unless otherwise restricted in this section, you may take fish
in the Kuskokwim Area at any time without a subsistence fishing permit.
(ii) In District 1 and in those waters of the Kuskokwim River
between Districts 1 and 2, excluding the Kuskokuak Slough, you may not
take salmon for 16 hours before, during, and for 6 hours after, each
State open commercial salmon fishing period for District 1.
(iii) In District 1, Kuskokuak Slough only from June 1 through July
31, you may not take salmon for 16 hours before and during each State
open commercial salmon fishing period in the district.
(iv) In Districts 4 and 5, from June 1 through September 8, you may
not take salmon for 16 hours before, during, and 6 hours after each
State open commercial salmon fishing period in each district.
(v) In District 2, and anywhere in tributaries that flow into the
Kuskokwim River within that district, from June 1 through September 8
you may not take salmon for 16 hours before, during, and 6 hours after
each State open commercial salmon fishing period in the district.
(vi) You may not take subsistence fish by nets in the Goodnews River
east of a line between ADF&G regulatory markers placed near the mouth of
the Ufigag River and an ADF&G regulatory marker placed near the mouth of
the Tunulik River 16 hours before, during, and 6 hours after each State
open commercial salmon fishing period.
(vii) You may not take subsistence fish by nets in the Kanektok
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before, during, and 6 hours after each State open commercial
salmon fishing period.
(viii) You may not take subsistence fish by nets in the Arolik River
upstream of ADF&G regulatory markers placed near the mouth 16 hours
before, during, and 6 hours after each State open commercial salmon
fishing period.
(ix) You may take salmon only by gillnet, beach seine, fish wheel,
or rod and reel subject to the restrictions set out in this section,
except that you may also take salmon by spear in the Holitna, Kanektok,
and Arolik River drainages, and in the drainage of Goodnews Bay.
(x) You may not use an aggregate length of set gillnets or drift
gillnets in excess of 50 fathoms for taking salmon.
(xi) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net,
jigging gear, spear, lead, handline, or rod and reel.
(xii) You must attach to the bank each subsistence gillnet operated
in tributaries of the Kuskokwim River and fish it substantially
perpendicular to the bank and in a substantially straight line.
(xiii) Within a tributary to the Kuskokwim River in that portion of
the Kuskokwim River drainage from the north end of Eek Island upstream
to the mouth of the Kolmakoff River, you may not set or operate any part
of a set gillnet within 150 feet of any part of another set gillnet.
(xiv) The maximum depth of gillnets is as follows:

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(A) Gillnets with 6-inch or smaller mesh may not be more than 45
meshes in depth;
(B) Gillnets with greater than 6-inch mesh may not be more than 35
meshes in depth.
(xv) You may take halibut only by a single hand-held line with no
more than two hooks attached to it.
(xvi) You may not use subsistence set and drift gillnets exceeding
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You
may not operate more than one subsistence set or drift gillnet at a time
in Whitefish Lake in the Ophir Creek drainage. You must check the net at
least once every 24 hours.
(xvii) Rainbow trout may be taken by only residents of Goodnews Bay,
Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak. The following
restrictions apply:
(A) You may take rainbow trout only by the use of gillnets, dip
nets, fyke nets, handline, spear, rod and reel, or jigging through the
ice;
(B) You may not use gillnets, dip nets, or fyke nets for targeting
rainbow trout from March 15-June 15;
(C) If you take rainbow trout incidentally in other subsistence net
fisheries and through the ice, you may retain them for subsistence
purposes;
(D) There are no harvest limits with handline, spear, rod and reel,
or jigging.
(5) Bristol Bay Area. The Bristol Bay Area includes all waters of
Bristol Bay including drainages enclosed by a line from Cape Newenham to
Cape Menshikof.
(i) Unless restricted in this section, or unless under the terms of
a subsistence fishing permit, you may take fish at any time in the
Bristol Bay area.
(ii) In all State commercial salmon districts, from May 1 through
May 31 and October 1 through October 31, you may subsistence fish for
salmon only from 9:00 a.m. Monday until 9:00 a.m. Friday. From June 1
through September 30, within the waters of a commercial salmon district,
you may take salmon only during State open commercial salmon fishing
periods.
(iii) In the Egegik River from 9:00 a.m. June 23 through 9:00 a.m.
July 17, you may take salmon only from 9:00 a.m. Tuesday to 9:00 a.m.
Wednesday and 9:00 a.m. Saturday to 9:00 a.m. Sunday.
(iv) You may not take fish from waters within 300 feet of a stream
mouth used by salmon.
(v) You may not subsistence fish with nets in the Tazimina River and
within one-fourth mile of the terminus of those waters during the period
from September 1 through June 14.
(vi) Within any district, you may take salmon, herring, and capelin
only by drift and set gillnets.
(vii) Outside the boundaries of any district, you may take salmon
only by set gillnet, except that you may also take salmon by spear in
the Togiak River excluding its tributaries.
(viii) The maximum lengths for set gillnets used to take salmon are
as follows:
(A) You may not use set gillnets exceeding 10 fathoms in length in
the Egegik, River;
(B) In the remaining waters of the area, you may not use set
gillnets exceeding 25 fathoms in length.
(ix) You may not operate any part of a set gillnet within 300 feet
of any part of another set gillnet.
(x) You must stake and buoy each set gillnet. Instead of having the
identifying information on a keg or buoy attached to the gillnet, you
may plainly and legibly inscribe your first initial, last name, and
subsistence permit number on a sign at or near the set gillnet.
(xi) You may not operate or assist in operating subsistence salmon
net gear while simultaneously operating or assisting in operating
commercial salmon net gear.
(xii) During State closed commercial herring fishing periods, you
may not use gillnets exceeding 25 fathoms in length for the subsistence
taking of herring or capelin.
(xiii) You may take fish other than salmon, herring, capelin, and
halibut by gear listed in this part unless restricted under the terms of
a subsistence fishing permit.
(xiv) You may take salmon and char only under authority of a
subsistence fishing permit.

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(xv) Only one subsistence fishing permit may be issued to each
household per year.
(xvi) In the Togiak River section and the Togiak River drainage, you
may not possess coho salmon taken under the authority of a subsistence
fishing permit unless both lobes of the caudal fin (tail) or the dorsal
fin have been removed.
(6) Aleutian Islands Area. The Aleutian Islands Area includes all
waters of Alaska west of the longitude of the tip of Cape Sarichef, east
of 172 deg. East longitude, and south of 54 deg.36' North latitude.
(i) You may take fish, other than salmon and rainbow/steelhead
trout, at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(ii) In the Unalaska District, you may take salmon for subsistence
purposes from 6:00 a.m. until 9:00 p.m. from January 1 through December
31, except:
(A) That from June 1 through September 15, you may not use a salmon
seine vessel to take salmon for subsistence 24 hours before, during, or
24 hours after a State open commercial salmon fishing period within a
50-mile radius of the area open to commercial salmon fishing;
(B) That from June 1 through September 15, you may use a purse seine
vessel to take salmon only with a gillnet and you may not have any other
type of salmon gear on board the vessel while subsistence fishing; or
(C) As may be specified on a subsistence fishing permit.
(iii) In the Adak, Akutan, Atka-Amlia, and Umnak Districts, you may
take salmon at any time.
(iv) You may not subsistence fish for salmon in the following
waters:
(A) The waters of Unalaska Lake, its tributaries and outlet stream;
(B) The waters between Unalaska and Amaknak Islands, including
Margaret's Bay, west of a line from the ``Bishop's House'' at
53 deg.52.64' N. lat., 166 deg.32.30' W. long. to a point on Amaknak
Island at 53 deg.52.82' N. lat., 166 deg.32.13' W. long., and north of
line from a point south of Agnes Beach at 53 deg.52.28' N. lat.,
166 deg.32.68' W. long. to a point at 53 deg.52.35' N. lat.,
166 deg.32.95' W. long. on Amaknak Island;
(C) Within Unalaska Bay south of a line from the northern tip of
Cape Cheerful to the northern tip of Kalekta Point, waters within 250
yards of any anadromous stream, except the outlet stream of Unalaska
Lake, which is closed under paragraph (i)(6)(iv)(A) of this section;
(D) The waters of Summers and Morris Lakes and their tributaries and
outlet streams;
(E) All streams supporting anadromous fish runs that flow into
Unalaska Bay south of a line from the northern tip of Cape Cheerful to
the northern tip of Kalekta Point;
(F) Waters of McLees Lake and its tributaries and outlet stream;
(G) Waters in Reese Bay from July 1 through July 9, within 500 yards
of the outlet stream terminus to McLees Lake;
(H) All freshwater on Adak Island and Kagalaska Island in the Adak
District.
(v) You may take salmon by seine and gillnet, or with gear specified
on a subsistence fishing permit.
(vi) In the Unalaska District, if you fish with a net, you must be
physically present at the net at all times when the net is being used.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take salmon, trout, and char only under the terms of
a subsistence fishing permit, except that you do not need a permit in
the Akutan, Umnak, and Atka-Amlia Islands Districts.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit, except
that in the Unalaska and Adak Districts, you may take no more than 25
salmon plus an additional 25 salmon for each member of your household
listed on the permit. You may obtain an additional permit.
(x) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the

[[Page 265]]

record immediately upon taking subsistence-caught fish and must return
it no later than October 31.
(xi) The daily harvest limit for halibut is two fish, and the
possession limit is two daily harvest limits. You may not possess sport-
taken and subsistence-taken halibut on the same day.
(7) Alaska Peninsula Area. The Alaska Peninsula Area includes all
Pacific Ocean waters of Alaska between a line extending southeast
(135 deg.) from the tip of Kupreanof Point and the longitude of the tip
of Cape Sarichef, and all Bering Sea waters of Alaska east of the
longitude of the tip of Cape Sarichef and south of the latitude of the
tip of Cape Menshikof.
(i) You may take fish, other than salmon and rainbow/steelhead
trout, at any time unless restricted under the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries or through the ice, you may retain them
for subsistence purposes.
(ii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit.
(iii) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(iv) You may take salmon at any time except within 24 hours before
and within 12 hours following each State open weekly commercial salmon
fishing period within a 50-mile radius of the area open to commercial
salmon fishing, or as may be specified on a subsistence fishing permit.
(v) You may not subsistence fish for salmon in the following waters:
(A) Russell Creek and Nurse Lagoon and within 500 yards outside the
mouth of Nurse Lagoon;
(B) Trout Creek and within 500 yards outside its mouth.
(vi) You may take salmon by seine, gillnet, rod and reel, or with
gear specified on a subsistence fishing permit.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may not use a set gillnet exceeding 100 fathoms in
length.
(ix) You may take halibut for subsistence purposes only by a single
handheld line with no more than two hooks attached.
(x) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on your subsistence fishing permit.
(xi) The daily harvest limit for halibut is two fish and the
possession limit is two daily harvest limits. You may not possess sport-
taken and subsistence-taken halibut on the same day.
(8) Chignik Area. The Chignik Area includes all waters of Alaska on
the south side of the Alaska Peninsula enclosed by 156 deg.20.22' West
longitude (the longitude of the southern entrance to Imuya Bay near
Kilokak Rocks) and a line extending southeast (135 deg.) from the tip of
Kupreanof Point.
(i) You may take fish, other than rainbow/steelhead trout, at any
time, except as may be specified by a subsistence fishing permit. If you
take rainbow/steelhead trout incidentally in other subsistence net
fisheries, you may retain them for subsistence purposes.
(ii) You may not take salmon in the Chignik River, upstream from the
ADF&G weir site or counting tower, in Black Lake, or any tributary to
Black and Chignik Lakes.
(iii) You may take salmon, trout, and char only under the authority
of a subsistence fishing permit.
(iv) You must keep a record on your permit of subsistence-caught
fish. You must complete the record immediately upon taking subsistence-
caught fish and must return it no later than October 31.
(v) If you hold a commercial fishing license, you may not
subsistence fish for salmon from 48 hours before the first State
commercial salmon fishing opening in the Chignik Area through September
30.
(vi) You may take salmon by seines, gillnets, rod and reel, or with
gear specified on a subsistence fishing permit, except that in Chignik
Lake you may not use purse seines.

[[Page 266]]

(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take halibut for subsistence purposes only by a
single handheld line with no more than two hooks attached.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit.
(x) The daily harvest limit for halibut is two fish, and the
possession limit is two daily harvest limits. You may not possess sport-
taken and subsistence-taken halibut on the same day.
(9) Kodiak Area. The Kodiak Area includes all waters of Alaska south
of a line extending east from Cape Douglas (58 deg.51.10' N. lat.), west
of 150 deg. W. long., north of 55 deg.30.00' N. lat.; and east of the
longitude of the southern entrance of Imuya Bay near Kilokak Rocks
(156 deg.20.22' W. long.).
(i) You may take fish, other than salmon and rainbow/steelhead
trout, at any time unless restricted by the terms of a subsistence
fishing permit. If you take rainbow/steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(ii) You may take salmon for subsistence purposes 24 hours a day
from January 1 through December 31, with the following exceptions:
(A) From June 1 through September 15, you may not use salmon seine
vessels to take subsistence salmon for 24 hours before, during, and for
24 hours after any State open commercial salmon fishing period. The use
of skiffs from any type of vessel is allowed;
(B) From June 1 through September 15, you may use purse seine
vessels to take salmon only with gillnets, and you may have no other
type of salmon gear on board the vessel.
(iii) You may not subsistence fish for salmon in the following
locations:
(A) Womens Bay closed waters--all waters inside a line from the tip
of the Nyman Peninsula (57 deg.43.23' N. lat., 152 deg.31.51' W long.),
to the northeastern tip of Mary's Island (57 deg.42.40' N. lat.,
152 deg.32.00' W. long.), to the southeastern shore of Womens Bay at
57 deg.41.95' N. lat., 152 deg.31.50' W. long.;
(B) Buskin River closed waters--all waters inside of a line running
from a marker on the bluff north of the mouth of the Buskin River at
approximately 57 deg.45.80' N. lat, 152 deg.28.38' W. long., to a point
offshore at 57 deg.45.35' N. lat, 152 deg.28.15' W. long., to a marker
located onshore south of the river mouth at approximately 57 deg.45.15'
N. lat., 152 deg.28.65' W. long.;
(C) All waters closed to commercial salmon fishing within 100 yards
of the terminus of Selief Bay Creek;
(D) In Afognak Bay north and west of a line from the tip of Last
Point to the tip of River Mouth Point;
(E) From August 15 through September 30, all waters 500 yards
seaward of the terminus of Little Kitoi Creek;
(F) All freshwater systems of Afognak Island.
(iv) You must have a subsistence fishing permit for taking salmon,
trout, and char for subsistence purposes. You must have a subsistence
fishing permit for taking herring and bottomfish for subsistence
purposes during the State commercial herring sac roe season from April
15 through June 30.
(v) With a subsistence salmon fishing permit you may take 25 salmon
plus an additional 25 salmon for each member of your household whose
names are listed on the permit. You may obtain an additional permit if
you can show that more fish are needed.
(vi) You must record on your subsistence permit the number of
subsistence fish taken. You must complete the record immediately upon
landing subsistence-caught fish, and must return it by February 1 of the
year following the year the permit was issued.
(vii) You may take fish other than salmon and halibut by gear listed
in this part unless restricted under the terms of a subsistence fishing
permit.
(viii) You may take salmon only by gillnet, rod and reel, or seine.
(ix) You must be physically present at the net when the net is being
fished.
(x) You may take halibut only by a single hand-held line with not
more than two hooks attached to it.
(xi) The daily harvest limit for halibut is two fish, and the
possession

[[Page 267]]

limit is two daily harvest limits. You may not possess sport-taken and
subsistence-taken halibut on the same day.
(10) Cook Inlet Area. The Cook Inlet Area includes all waters of
Alaska enclosed by a line extending east from Cape Douglas (58 deg.
51'06'' N. lat.) and a line extending south from Cape Fairfield
(148 deg.50' 15'' W. long.).
(i) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any time
in the Cook Inlet Area. If you take rainbow/steelhead trout incidentally
in other subsistence net fisheries, you may retain them for subsistence
purposes.
(ii) You may not take grayling or burbot for subsistence purposes.
(iii) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit (as may be modified by this section).
(iv) You may only take salmon, Dolly Varden, trout, and char under
authority of a Federal subsistence fishing permit. Seasons, harvest and
possession limits, and methods and means for take are the same as for
the taking of those species under Alaska sport fishing regulations (5
AAC 56).
(v) You may only take smelt with dip nets or gillnets in fresh water
from April 1 through June 15. You may not use a gillnet exceeding 20
feet in length and 2 inches in mesh size. You must attend the net at all
times when it is being used. There are no harvest or possession limits
for smelt.
(vi) Gillnets may not be used in freshwater, except for the taking
of whitefish in the Tyone River drainage or for the taking of smelt.
(11) Prince William Sound Area. The Prince William Sound Area
includes all waters of Alaska between the longitude of Cape Fairfield
and the longitude of Cape Suckling.
(i) Unless restricted in this section or unless restricted under the
terms of a subsistence fishing permit, you may take fish, other than
rainbow/steelhead trout, at any time in the Prince William Sound Area.
(ii) You may take salmon in the Glennallen and Chitina Subdistricts
only from May 15 through September 30.
(iii) You may take salmon in the vicinity of the former Native
village of Batzulnetas only under the authority of a Batzulnetas
subsistence salmon fishing permit available from the National Park
Service under the following conditions:
(A) You may take salmon only in those waters of the Copper River
between National Park Service regulatory markers located near the mouth
of Tanada Creek and approximately one-half mile downstream from that
mouth and in Tanada Creek between National Park Service regulatory
markers identifying the open waters of the creek;
(B) You may use only fish wheels, dip nets, and rod and reel on the
Copper River and only dip nets, spears, and rod and reel in Tanada
Creek;
(C) You may take salmon only from May 15 through September 30 or
until the season is closed by special action;
(D) You may retain chinook salmon taken in a fishwheel in the Copper
River. You may not take chinook salmon in Tanada Creek;
(E) You must return the permit to the National Park Service no later
than October 15.
(iv) You may take salmon for subsistence purposes with no harvest or
possession limits in those waters of the Southwestern District and along
the northwestern shore of Green Island from the westernmost tip of the
island to the northernmost tip, only as follows:
(A) You may use seines up to 50 fathoms in length and 100 meshes
deep with a maximum mesh size of 4 inches, or gillnets up to 150 fathoms
in length, except that you may only take pink salmon in fresh water
using dip nets;
(B) You may take salmon only from May 15 until 2 days before the
State commercial opening of the Southwestern District, 7 days per week;
during the State commercial salmon fishing season, only during State
open commercial salmon fishing periods; and from 2 days following the
closure of the State commercial salmon season until September 30, 7 days
per week;

[[Page 268]]

(C) You may not fish within the closed waters areas for commercial
salmon fisheries.
(v) You may take salmon for subsistence purposes with no harvest or
possession limits in those waters north of a line from Porcupine Point
to Granite Point, and south of a line from Point Lowe to Tongue Point,
only as follows:
(A) You may use seines up to 50 fathoms in length and 100 meshes
deep with a maximum mesh size of 4 inches, or gillnets up to 150 fathoms
in length with a maximum mesh size of 6\1/4\ inches, except that you may
only take pink salmon in fresh water using dip nets;
(B) You may take salmon only from May 15 until 2 days before the
State commercial opening of the Eastern District, 7 days per week;
during the State commercial salmon fishing season, only during State
open commercial salmon fishing periods; and from 2 days following the
closure of the State commercial salmon season until October 31, 7 days
per week;
(C) You may not fish within the closed waters areas for commercial
salmon fisheries.
(vi) If you take rainbow/steelhead trout incidentally in other
subsistence net fisheries, you may retain them for subsistence purposes,
except when taken by dip net in the Upper Copper River District, where
they must be immediately released, unharmed to the water. Rainbow/
steelhead trout caught incidental to other species by fish wheel may be
retained. Rainbow/steelhead trout retained for subsistence purposes will
have the anal (ventral) fin removed immediately.
(vii) In the upper Copper River drainage, you may only take salmon
in the waters of the Glennallen and Chitina Subdistricts, or in the
vicinity of the Native Village of Batzulnetas.
(viii) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit.
(ix) In the Glennallen and Chitina Subdistricts, you may take salmon
only by fish wheels, rod and reel, or dip nets.
(x) You may not rent, lease, or otherwise use your fish wheel used
for subsistence fishing for personal gain. You must register your fish
wheel with ADF&G or the National Park Service. Your registration number
and name and address must be permanently affixed and plainly visible on
the fish wheel when the fish wheel is in the water; only the current
year's registration number may be affixed to the fish wheel; you must
remove any other registration number from the fish wheel. You must
remove the fish wheel from the water at the end of the permit period.
You may operate only one fish wheel at any one time. You may not set or
operate a fish wheel within 75 feet of another fish wheel. No fish wheel
may have more than two baskets. If you are a permittee other than the
owner, a wood or metal plate at least 12 inches high by 12 inches wide,
bearing your name and address in letters and numerals at least 1 inch
high, must be attached to each fish wheel so that the name and address
are plainly visible.
(xi) You must personally operate the fish wheel or dip net. You may
not loan or transfer a subsistence fish wheel or dip net permit except
as permitted.
(xii) Except as provided in this section, you may take fish other
than salmon and freshwater fish species for subsistence purposes without
a subsistence fishing permit.
(xiii) You may take salmon and freshwater fish species only under
authority of a subsistence fishing permit.
(xiv) Only one Federal subsistence fishing permit per subdistrict
will be issued to each household per year. If a household has been
issued permits for both subdistricts in the same year, both permits must
be in your possession and readily available for inspection while fishing
or transporting subsistence-taken fish in either subdistrict. A
qualified household may also be issued a Batzulnetas salmon fishery
permit in the same year.
(xv) The following apply to Upper Copper River District Federal
subsistence salmon fishing permits:
(A) Multiple types of gear may be specified on a permit, although
only one unit of gear may be operated at any one time;
(B) You must return your permit no later than October 31, or you may
be denied a permit for the following year;

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(C) A fish wheel may be operated only by one permit holder at one
time; that permit holder must have the fish wheel marked as required by
this section and during fishing operations;
(D) Only the permit holder and the authorized member of the
household listed on the subsistence permit may take salmon;
(E) A permit holder must record on the appropriate form all salmon
taken immediately after landing the salmon.
(xvi) The total annual harvest limit for salmon in combination for
the Glennallen Subdistrict and the Chitina Subdistrict is as follows:
(A) For a household with 1 person, 30 salmon, of which no more than
5 may be chinook salmon if taken by dip net;
(B) For a household with 2 persons, 60 salmon, of which no more than
5 may be chinook salmon if taken by dip net; plus 10 salmon for each
additional person in a household over 2 persons, except that the
household's limit for chinook salmon taken by dip net does not increase;
(C) Upon request, permits for additional salmon will be issued for
no more than a total of 200 salmon for a permit issued to a household
with 1 person, of which no more than 5 may be chinook salmon if taken by
dip net; or no more than a total of 500 salmon for a permit issued to a
household with 2 or more persons, of which no more than 5 may be chinook
salmon if taken by dip net.
(xvii) A subsistence fishing permit may be issued to a village
council, or other similarly qualified organization whose members operate
fish wheels for subsistence purposes in the Upper Copper River District,
to operate fish wheels on behalf of members of its village or
organization. A permit may only be issued following approval by ADF&G or
the Federal Subsistence Board of a harvest assessment plan to be
administered by the permitted council or organization. The harvest
assessment plan must include: provisions for recording daily catches for
each fish wheel; sample data collection forms; location and number of
fish wheels; the full legal name of the individual responsible for the
lawful operation of each fish wheel; and other information determined to
be necessary for effective resource management. The following additional
provisions apply to subsistence fishing permits issued under this
paragraph (i)(11)(xvii):
(A) The permit will list all households and household members for
whom the fish wheel is being operated;
(B) The allowable harvest may not exceed the combined seasonal
limits for the households listed on the permit; the permittee will
notify the ADF&G or the Federal Subsistence Board when households are
added to the list, and the seasonal limit may be adjusted accordingly;
(C) Members of households listed on a permit issued to a village
council or other similarly qualified organization, are not eligible for
a separate household subsistence fishing permit for the Upper Copper
River District.
(xviii) You may not possess salmon taken under the authority of an
Upper Copper River District subsistence fishing permit unless the anal
(ventral) fin has been immediately removed from the salmon.
(xix) In locations open to State commercial salmon fishing other
than described for the Upper Copper River District, the annual
subsistence salmon limit is as follows:
(A) 15 salmon for a household of 1 person;
(B) 30 salmon for a household of 2 persons and 10 salmon for each
additional person in a household;
(C) No more than five king salmon may be taken per permit.
(12) Yakutat Area. The Yakutat Area includes all waters of Alaska
between the longitude of Cape Suckling and the longitude of Cape
Fairweather.
(i) Unless restricted in this section or unless restricted under the
terms of a subsistence fishing permit, you may take fish at any time in
the Yakutat Area.
(ii) You may not take salmon during the period commencing 48 hours
before a State opening of commercial salmon net fishing season until 48
hours after the closure. This applies to each river or bay fishery
individually.
(iii) When the length of the weekly State commercial salmon net
fishing period exceeds two days in any Yakutat Area salmon net fishery,
the subsistence fishing period is from 6:00

[[Page 270]]

a.m. to 6:00 p.m. on Saturday in that location.
(iv) You may take salmon, trout (other than steelhead,) and char
only under authority of a subsistence fishing permit. You may only take
steelhead trout in the Situk and Ahrnklin Rivers and only under
authority of a Federal subsistence fishing permit.
(v) If you take salmon, trout, or char incidentally by gear operated
under the terms of a subsistence permit for salmon, you may retain them
for subsistence purposes. You must report any salmon, trout, or char
taken in this manner on your permit calendar.
(vi) You may take fish by gear listed in this part unless restricted
in this section or under the terms of a subsistence fishing permit.
(vii) In the Situk River, each subsistence salmon fishing permit
holder shall attend his or her gill net at all times when it is being
used to take salmon.
(viii) You may block up to two-thirds of a stream with a gillnet or
seine used for subsistence fishing.
(ix) You must remove the dorsal fin from subsistence-caught salmon
when taken.
(x) You may not possess subsistence-taken and sport-taken salmon on
the same day.
(xi) With a subsistence fishing permit, you may harvest at any time
up to 10 Dolly Varden with no minimum size.
(13) Southeastern Alaska Area. The Southeastern Alaska Area includes
all waters between a line projecting southwest from the westernmost tip
of Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or under the terms of a
subsistence fishing permit, you may take fish, other than rainbow/
steelhead trout, in the Southeastern Alaska Area at any time.
(ii) From July 7 through July 31, you may take sockeye salmon in the
waters of the Klawock River and Klawock Lake only from 8:00 a.m. Monday
until 5:00 p.m. Friday.
(iii) You must possess a subsistence fishing permit to take salmon.
You must possess a Federal subsistence fishing permit to take coho
salmon, trout, or char. You must possess a Federal subsistence fishing
permit to take steelhead in Hamilton Bay and Kadake Bay Rivers. You must
possess a Federal subsistence fishing permit to take eulachon from any
freshwater stream flowing into fishing Sections 1-C or 1-D.
(iv) You may take steelhead trout on Prince of Wales Island only
under the terms of a Federal subsistence fishing permit. The annual
harvest limit is two fish, 36 inches or larger. You may use only a dip
net or rod and reel with artificial lure or fly. You may not use bait.
(v) You may take coho salmon in Subdistricts 3 (A), (B), and (C)
only under the terms of a Federal subsistence fishing permit. There is
no closed season. The daily harvest limit is 20 fish per household. Only
spears, dip net, and rod and reel may be used. Bait may be used only
from September 15 through November 15.
(vi) In the Southeastern Alaska Area, except for sections 3A, 3B,
and 3C, you may take coho salmon in Southeast Alaska waters under
Federal jurisdiction under the terms of a Federal subsistence fishing
permit. There is no closed season. The daily harvest limit is 20 coho
salmon per household, and the annual limit is 40 coho salmon per
household. Only dipnets, spears, gaffs, and rod and reel may be used.
Bait may only be used from September 15 through November 15. You may not
retain incidentally caught trout and sockeye salmon unless taken by gaff
or spear.
(vii) If you take salmon, trout, or char incidentally with gear
operated under terms of a subsistence permit for other salmon, they may
be kept for subsistence purposes. You must report any salmon, trout, or
char taken in this manner on your permit calendar.
(viii) No permits for the use of nets will be issued for the salmon
streams flowing across or adjacent to the road systems within the city
limits of Petersburg, Wrangell, and Sitka.
(ix) You shall immediately remove the pelvic fins of all salmon when
taken.
(x) You may not possess subsistence-taken and sport-taken salmon on
the same day.
(xi) For the Salmon Bay Lake system, the daily harvest and season
limit per household is 30 sockeye salmon.

[[Page 271]]

(xii) For Virginia Lake (Mill Creek), the daily harvest limit per
household is 20 sockeye salmon, and the season limit per household is 40
sockeye salmon.
(xiii) For Thoms Creek, the daily harvest limit per household is 20
sockeye salmon, and the season limit per household is 40 sockeye salmon.
(xiv) The Sarkar River system above the bridge is closed to the use
of all nets by both Federally-qualified and non-Federally qualified
users.
(xv) Only Federally-qualified subsistence users may harvest sockeye
salmon in streams draining into Falls Lake Bay, Gut Bay, or Pillar Bay.
In the Falls Lake Bay and Gut Bay drainages, the possession limit is 10
sockeye salmon per household. In the Pillar Bay drainage, the individual
possession limit is 15 sockeye salmon with a household possession limit
of 25 sockeye salmon.
(xvi) The Redoubt Lake watershed is closed to sockeye salmon fishing
except by Federally-qualified subsistence fishermen. You may fish for
sockeye salmon in these waters only under the terms of a Federal
subsistence permit. Open season is from June 1 to August 15. For the
Redoubt Lake watershed, the possession limit per individual is 10
sockeye, and the possession limit per household is 10 sockeye salmon per
household. Only spears, gaffs, dip net and rod and reel may be used.
Steelhead incidentally speared or gaffed may be retained.
(xvii) In Baranof Lake, Florence Lake, Hasselborg Lake and River,
Mirror Lake, Virginia Lake, and Wilson Lake, in addition to the
requirement for a Federal subsistence fishing permit, the following
restrictions for the harvest of Dolly Varden, cutthroat, and rainbow
trout apply:
(A) You may harvest at any time up to 10 Dolly Varden of any size;
(B) You may harvest at any time six cutthroat or rainbow trout in
combination. You may only retain fish between 11 and
22. You may only use a rod and reel without bait.
(xviii) In all waters, other than those identified in paragraph
(i)(13)(xvii) of this section, in addition to the requirement for a
subsistence fishing permit, you may harvest Dolly Varden and cutthroat
and rainbow trout in accordance with the seasons and harvest limits
delineated in the Alaska Administrative Code, 5 AAC 47. You may only use
a rod and reel without bait unless the use of bait is specifically
permitted in 5 AAC 47.

[67 FR 5896, Feb. 7, 2002, as amended at 67 FR 36810, May 28, 2002]

Effective Date Note: At 67 FR 5896, Feb. 7, 2002, Sec. 242.27 was
added effective Mar. 1, 2002, through Feb. 28, 2003. At 67 FR 36810, May
28, 2002, paragraphs (i)(11)(xii) and (xiii) were correctly revised.