[Federal Register Volume 65, Number 22 (Wednesday, February 2, 2000)]
[Proposed Rules]
[Pages 5197-5214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1719]



[[Page 5196]]

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Part V





Department of Agriculture





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Forest Service



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Department of the Interior





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Fish and Wildlife Service



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36 CFR Part 242

50 CFR Part 100



Subsistent Management Regulations for Public Lands in Alaska and 
Subsistence Taking of Fish and Wildlife Regulations; Proposed Rule

  Federal Register / Vol. 65, No. 22 / Wednesday, February 2, 2000 / 
Proposed Rules  

[[Page 5197]]



DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AF91


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C and Subpart D--2001 Subsistence Taking of Fish and Wildlife 
Regulations

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

ACTION:  Proposed rule.

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SUMMARY:  This proposed rule would revise regulations for seasons, 
harvest limits, methods, and means related to taking of fish and 
shellfish for subsistence uses during the 2001 regulatory year. The 
rulemaking is necessary because Subpart D is subject to an annual 
public review cycle. When final, this rulemaking will replace the fish 
and shellfish regulations (Subpart D, Sections____.26 and .27) included 
in the ``Subsistence Management Regulations for Public Lands in Alaska, 
Subparts A, B, C, and D, Redefinition To Include Waters Subject to 
Subsistence Priority, Final Rule'' which expire on February 28, 2001. 
This rule would also amend the Customary and Traditional Use 
Determinations of the Federal Subsistence Board (Section__.24 of 
Subpart C).

DATES:  The Federal Subsistence Board must receive your written public 
comments and proposals to change this proposed rule no later than March 
27, 2000. Federal Subsistence Regional Advisory Councils (Regional 
Councils) will hold public meetings to receive proposals to change 
regulations contained in this proposed rule from February 15-March 27, 
2000, at various locations in Alaska. See SUPPLEMENTARY INFORMATION for 
additional information on meetings.

ADDRESSES:  You may submit written comments and proposals to the Office 
of Subsistence Management, 1011 E. Tudor Road, Anchorage, Alaska 99503. 
See SUPPLEMENTARY INFORMATION for meeting locations.

FOR FURTHER INFORMATION CONTACT:  Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of 
Subsistence Management; (907) 786-3888. For questions specific to 
National Forest System lands, contact Ken Thompson, Regional 
Subsistence Program Manager, USDA, Forest Service, Alaska Region, (907) 
271-2540.

SUPPLEMENTARY INFORMATION:   

Meeting Locations and Written Comment Procedures

    The Federal Subsistence Board (Board) will hold meetings on this 
proposed rule at the following locations in Alaska:

North Slope Regional Council, Barrow: February 17, 2000.
Eastern Interior Regional Council, Fairbanks: February 21, 2000.
Western Interior Regional Council, Fairbanks: February 21, 2000.
Seward Peninsula Regional Council, Unalakleet: February 22, 2000.
Northwest Arctic Regional Council, Kotzebue: February 29, 2000.
Southcentral Regional Council, Kenai: March 1, 2000.
Southeast Regional Council, Douglas: March 13, 2000.
Kodiak/Aleutians Regional Council, Anchorage: March 21, 2000.
Yukon-Kuskokwim Delta Regional Council, Nunapitchuk: March 21, 2000.
Bristol Bay Regional Council, Dillingham: March 24, 2000.

    We will publish notice of specific dates, times, and meeting 
locations in local and statewide newspapers prior to the meetings. We 
may need to change locations and dates based on weather or local 
circumstances. The amount of work on each Regional Council's agenda 
will determine the length of the Regional Council meetings. We will 
compile and distribute for additional public review during April 2000 
the written proposals to change Subpart D fish and shellfish 
regulations and customary and traditional use determinations in Subpart 
C. A 30-day public comment period will follow distribution of the 
compiled proposal packet. We will accept written public comments on 
distributed proposals during the public comment period. You may present 
comments on published proposals to change fish and shellfish and 
customary and traditional use determination regulations relative to 
fish and shellfish to the Regional Councils at their fall meetings; 
locations, dates, and times to be announced. The Board will deliberate 
and take final action on proposals received that request changes to 
this proposed rule at a public meeting to be held in Anchorage during 
December 2000.
    Providing the following information will facilitate the Board's 
review of your comments and proposals: (a) Your name, address, and 
telephone number; (b) The section and/or paragraph of the proposed rule 
for which your change is being suggested; (c) A statement explaining 
why the change is necessary; (d) The proposed wording change; and (e) 
Any additional information you believe will help the Board in 
evaluating your proposal. Proposals that fail to include the above 
information, or proposals that are beyond the scope of authorities in 
Sec. __.24, Subpart C, and Secs. __.26 and __.27, Subpart D, may be 
rejected. The Board may defer review and action on some proposals if 
workload exceeds work capacity of staff, Regional Councils, or Board. 
These deferrals will be based on recommendations of the affected 
Regional Council staff members and on the basis of least harm to the 
subsistence user. Proposals should be specific to customary and 
traditional use determinations or to subsistence fish and shellfish 
seasons, harvest limits, and/or methods and means.

Public Review Process--Regulation Comments, Proposals, and Public 
Meetings

    This proposed rule will also be available for review through the 
Office of Subsistence Management's home page at http://www.r7.fws.gov/asm/home.html. You may submit written comments or proposed regulation 
changes in writing to the address identified at the beginning of this 
rulemaking by March 27, 2000. You may also present comments or 
proposals at Regional Council meetings to be held February 17-March 24, 
2000. Proposals may also be submitted electronically to 
[email protected].
    Following public distribution of proposals for changes to the 2001 
proposed regulations, we will provide a comment period to allow public 
review of those proposals that will be considered by the Board. We will 
also hold a second series of Regional Council meetings in September and 
October 2000 to assist the Regional Councils in developing 
recommendations to the Board. You may submit written comments on those 
proposals to the U.S. Fish and Wildlife Service before conclusion of 
the comment period, which is presently scheduled to end on May 31, 
2000. The Board will discuss and evaluate proposed changes to this rule 
during a public meeting scheduled to be held in Anchorage, December 
2000. You may provide additional oral testimony on specific proposals 
before the Board at that time.

[[Page 5198]]

Background

    Title VIII of the Alaska National Interest Lands Conservation Act 
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the 
Interior and the Secretary of Agriculture (Secretaries) implement a 
joint program to grant a preference for subsistence uses of fish and 
wildlife resources on public lands, unless the State of Alaska enacts 
and implements laws of general applicability that are consistent with 
ANILCA and that provide for the subsistence definition, preference, and 
participation specified in Sections 803, 804, and 805 of ANILCA. The 
State implemented a program that the Department of the Interior 
previously found to be consistent with ANILCA. However, in December 
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska 
that the rural preference in the State subsistence statute violated the 
Alaska Constitution. The Court's ruling in McDowell required the State 
to delete the rural preference from the subsistence statute and, 
therefore, negated State compliance with ANILCA. The Court stayed the 
effect of the decision until July 1, 1990.
    As a result of the McDowell decision, the Department of the 
Interior and the Department of Agriculture (Departments) assumed on 
July 1, 1990, responsibility for implementation of Title VIII of ANILCA 
on public lands. On June 29, 1990, the Temporary Subsistence Management 
Regulations for Public Lands in Alaska were published in the Federal 
Register (55 FR 27114-27170). Consistent with Subparts A, B, and C of 
these regulations, the Departments established a Federal Subsistence 
Board to administer the Federal subsistence management program. The 
Board's composition includes a Chair appointed by the Secretary of the 
Interior with concurrence of the Secretary of Agriculture; the Alaska 
Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional 
Director, U.S. National Park Service; the Alaska State Director, U.S. 
Bureau of Land Management; the Alaska Area Director, U.S. Bureau of 
Indian Affairs; and the Alaska Regional Forester, USDA Forest Service.
    The ``Subsistence Management Regulations for Public Lands in 
Alaska; Final Rule'' was published in the Federal Register (57 FR 
22940-22964) on May 29, 1992. In a lawsuit consolidated with Alaska v. 
Babbitt, plaintiff Katie John challenged these rules, arguing that 
navigable waters are properly included within the definition of 
``public lands'' set out in ANILCA. The United States Court of Appeals 
for the Ninth Circuit subsequently held: ``[T]he definition of public 
lands includes those navigable waters in which the United States has an 
interest by virtue of the reserved water rights doctrine.'' Alaska v. 
Babbitt, 72 F.3d at 703-704. In the course of its decision, the Ninth 
Circuit also directed: ``[T]he Federal agencies that administer the 
subsistence priority are responsible for identifying those waters.'' 
Id. at 704. As a result, following publication of a proposed rule (62 
FR 66126) on December 17, 1997, we published a final rule (Subsistence 
Management Regulations for Public Lands in Alaska, Subparts A, B, C, 
and D, Redefinition To Include Waters Subject to Subsistence Priority, 
Final Rule, 64 FR 1276) on January 8, 1999, that conformed the Federal 
subsistence management regulations to the Ninth Circuit's ruling.
    Through the Board, these agencies have participated in development 
of regulations for Subparts A, B, and C, and the annual Subpart D 
regulations. All Board members have reviewed this proposed rule and 
agree with its substance. Because this proposed rule relates to public 
lands managed by an agency or agencies in both the Departments of 
Agriculture and the Interior, identical text would be incorporated into 
36 CFR part 242 and 50 CFR part 100.

Applicability of Subparts A, B, and C

    Subparts A, B, and C (unless otherwise amended) of the Subsistence 
Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to 
100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this 
rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR 
242.4 apply to regulations found in this subpart.

Applicable Waters

    We published regulations in the Federal Register January 8, 1999, 
(64 FR 1276) that identified those waters where a Federal reserved 
water right exists. These regulations would not change those areas of 
applicability.

Federal Subsistence Regional Advisory Councils

    Pursuant to the Record of Decision, Subsistence Management 
Regulations for Federal Public Lands in Alaska, April 6, 1992, and the 
Subsistence Management Regulations for Federal Public Lands in Alaska, 
36 CFR 242.11 (1999) and 50 CFR 100 (1999), and for the purposes 
identified therein, we divide Alaska into 10 subsistence resource 
regions, each of which is represented by a Federal Subsistence Regional 
Advisory Council (Regional Council). The Regional Councils provide a 
forum for rural residents with personal knowledge of local conditions 
and resource requirements to have a meaningful role in the subsistence 
management of fish and wildlife on Alaska public lands. The Regional 
Council members represent varied geographical, cultural, and user 
diversity within each region.
    The Regional Councils have a substantial role in reviewing the 
proposed rule and making recommendations for the final rule. Moreover, 
the Council Chairs, or their designated representatives, will present 
their Council's recommendations at the Board meeting in May 2000.

Proposed Changes From 2000 Seasons and Harvest Limit Regulations

    Subpart D regulations are subject to an annual cycle and require 
development of an entire new rule each year. Customary and traditional 
use determinations are also subject to an annual review process 
providing for modification each year. The text of the 2000 Subparts C 
and D Final Rule served as the foundation for the 2001 Subparts C and D 
proposed rule. The regulations contained in this proposed rule will 
take effect on March 1, 2001, unless elements are changed by subsequent 
Board action following the public review process outlined herein.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement (DEIS) that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. That document 
described the major issues associated with Federal subsistence 
management as identified through public meetings, written comments, and 
staff analysis and examined the environmental consequences of the four 
alternatives. Proposed regulations (Subparts A, B, and C) that would 
implement the preferred alternative were included in the DEIS as an 
appendix. The DEIS and the proposed administrative regulations 
presented a framework for an annual regulatory cycle regarding 
subsistence hunting and fishing regulations (Subpart D). The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992.
    Based on the public comment received, the analysis contained in the 
FEIS, and the recommendations of the

[[Page 5199]]

Federal Subsistence Board and the Department of the Interior's 
Subsistence Policy Group, it was the decision of the Secretary of the 
Interior, with the concurrence of the Secretary of Agriculture, through 
the U.S. Department of Agriculture-Forest Service, to implement 
Alternative IV as identified in the DEIS and FEIS (Record of Decision 
on Subsistence Management for Federal Public Lands in Alaska (ROD), 
signed April 6, 1992). The DEIS and the selected alternative in the 
FEIS defined the administrative framework of an annual regulatory cycle 
for subsistence hunting and fishing regulations. The final rule for 
Subsistence Management Regulations for Public Lands in Alaska, Subparts 
A, B, and C (57 FR 22940-22964, published May 29, 1992) implemented the 
Federal Subsistence Management Program and included a framework for an 
annual cycle for subsistence hunting and fishing regulations.
    We prepared an environmental assessment on the expansion of Federal 
jurisdiction over fisheries that is available by contacting the office 
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the 
Interior with the concurrence of the Secretary of Agriculture 
determined that the expansion of Federal jurisdiction does not 
constitute a major Federal action, significantly affecting the human 
environment and signed a Finding of No Significant Impact. Accordingly, 
an amended final rule for Subsistence Management Regulations for Public 
Lands in Alaska (64 FR 1276, published January 8, 1999) expanded the 
Federal Subsistence Management Program and included a framework for an 
annual cycle for subsistence hunting and fishing regulations.

Compliance With Section 810 of ANILCA

    The intent of all Federal subsistence regulations is to accord 
subsistence uses of fish and wildlife on public lands a priority over 
the taking of fish and wildlife on such lands for other purposes, 
unless restriction is necessary to conserve healthy fish and wildlife 
populations. We completed Section 810 analyses as part of the FEIS and 
the environmental assessment processes. They concluded that the Federal 
Subsistence Management Program, with an annual process for setting 
hunting and fishing regulations, may have some local impacts on 
subsistence uses, but will not reach the ``may significantly restrict'' 
threshold for notice and hearings under ANILCA section 810(a) for any 
subsistence uses.

Paperwork Reduction Act

    These rules contain information collection requirements subject to 
Office of Management and Budget (OMB) approval under the Paperwork 
Reduction Act of 1995. They apply to the use of public lands in Alaska. 
The information collection requirements described below were approved 
by OMB under 44 U.S.C. 3501 and were assigned clearance number 1018-
0075, which expires 5/31/2000. The information requirements described 
below will be submitted to OMB for approval beyond that date. We will 
not conduct or sponsor, and you are not required to respond to, a 
collection of information request unless it displays a currently valid 
OMB control number.
    The collection of information under this rule will be achieved 
through the use of a Federal Subsistence Fish/Shellfish Harvest/
Designated Harvester Application, which would be the same form as 
currently approved and used for the hunting program. This information 
will establish whether the applicant qualifies to participate in a 
Federal subsistence fishery on public land in Alaska and will provide a 
report of harvest and location of harvest.
    The likely respondents to this collection of information are rural 
Alaska residents who wish to participate in specific subsistence 
fisheries on Federal land. The collected information is necessary to 
determine harvest success and harvest location in order to make 
management decisions relative to the conservation of healthy fish or 
shellfish populations. The annual burden of reporting and recordkeeping 
is estimated to average 0.25 hours per response, including time for 
reviewing instructions, gathering and maintaining data, and completing 
and reviewing the form. The estimated number of likely respondents 
under this rule is less than 1,000, yielding a total annual reporting 
and recordkeeping burden of 250 hours or less.
    Direct comments on the burden estimate or any other aspect of this 
form to: Information Collection Officer, U.S. Fish and Wildlife 
Service, 1849 C Street, NW, MS 224 ARLSQ, Washington, DC 20240; and the 
Office of Management and Budget, Paperwork Reduction Project 
(Subsistence), Washington, DC 20503. Additional information collection 
requirements may be imposed if Local Advisory Committees subject to the 
Federal Advisory Committee Act are established under Subpart B.

Other Requirements

    This rule was not subject to OMB review under Executive Order 
12866. Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (A ``section'' appears in bold type 
and is preceded by the symbol ``Sec. '' and a numbered heading; for 
example, [Sec. __.24 Customary and traditional determinations.]) (5) Is 
the description of the rule in the SUPPLEMENTARY INFORMATION section of 
the preamble helpful in understanding the rule? What else could we do 
to make the rule easier to understand. Send a copy of any comments that 
concern how we could make this rule easier to understand to: USFWS, 
Office of Subsistence Management, Thomas H. Boyd, 1011 E. Tudor Road, 
Anchorage, Alaska 99503. You may also e-mail the comments to this 
address: [email protected].
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
The Departments have determined that this rulemaking will not have a 
significant economic effect on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act.
    This rulemaking will impose no significant costs on small entities; 
the exact number of businesses and the amount of trade that will result 
from this Federal land-related activity is unknown. The aggregate 
effect is an insignificant positive economic effect on a number of 
small entities, such as ammunition, snowmachine, fishing tackle, boat, 
motor, and gasoline dealers. The number of small entities affected is 
unknown, but the fact that the positive effects will be seasonal in 
nature and will, in most cases, merely continue preexisting uses of 
public lands indicates that they will not be significant.
    In general, the resources harvested under this rule will be 
consumed by the local harvester and do not result in a dollar benefit 
to the economy. However, we estimate that 24 million pounds of fish 
(including 8.3 million pounds of

[[Page 5200]]

salmon) are harvested by the local subsistence users annually and, if 
given a dollar value of $3.00 per pound for salmon and $0.58 per pound 
for other fish, would equate to about $34 million in food value State-
wide.
    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Act. This rule will not have an effect 
on the economy of $100 million or more; will not cause a major increase 
in costs or prices for consumers, individual industries, Federal, 
State, or local government agencies, or geographic regions; and will 
not have significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises.
    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence preference on public lands. The scope of this program is 
limited by definition to certain public lands. Likewise, these 
regulations have no potential takings of private property implications 
as defined by Executive Order 12630.
    The Service has determined and certifies pursuant to the Unfunded 
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will 
not impose a cost of $100 million or more in any given year on local or 
State governments or private entities. The implementation of this rule 
is by Federal agencies, and no cost is involved to any State or local 
entities or tribal governments.
    The Service has determined that these final regulations meet the 
applicable standards provided in sections 3(a) and 3(b)(2) of Executive 
Order 12988.
    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. Title VIII of ANILCA precludes the State from 
exercising management authority over fish or wildlife resources on 
Federal lands unless it meets certain requirements.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects. The Bureau of Indian Affairs is a participating 
agency in this rulemaking.
    We emphasize that these regulations would apply only to Federal 
lands and waters where there is a Federal interest. Individuals who do 
not meet the requirements under these regulations may still harvest 
fish and shellfish on Federal lands and waters in accordance with other 
State fishing and hunting regulations, except in those instances where 
Federal lands or waters have been specifically closed to non-Federally 
qualified subsistence users.
    Drafting Information. These regulations were drafted by William 
Knauer under the guidance of Thomas H. Boyd, of the Office of 
Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife 
Service, Anchorage, Alaska. Additional guidance was provided by Curt 
Wilson, Alaska State Office, Bureau of Land Management; Sandy 
Rabinowitch, Alaska Regional Office, National Park Service; Ida 
Hildebrand, Alaska Area Office, Bureau of Indian Affairs; and Ken 
Thompson, USDA-Forest Service.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.
    For the reasons set out in the preamble, the Departments propose to 
amend Title 36, Part 242, and Title 50, Part 100, of the Code of 
Federal Regulations, as set forth below.

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

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

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

Subpart C--Board Determinations

    2. We propose to amend subpart C of 36 CFR part 242 and 50 CFR part 
100, by revising Sec. ____.24(a)(2) and (a)(3) to read as follows:


Sec. ____.24  Customary and traditional use determinations.

    (a) * * *
    (2) Fish determinations. 

------------------------------------------------------------------------
            Area                     Species            Determination
------------------------------------------------------------------------
Kotzebue area...............  All fish............  Residents of the
                                                     Kotzebue Area.
Norton Sound--Port Clarence   All fish............  Residents of the
 Area.                                               Norton Sound-Port
                                                     Clarence Area.
Yukon--Northern area--Yukon   Salmon, other than    Residents of the
 River drainage.               Yukon River Fall      Yukon Area,
                               Chum salmon.          including the
                                                     community of
                                                     Stebbins.
Yukon River drainage........  Yukon River Fall      Residents of the
                               chum salmon.          Yukon River
                                                     drainage, including
                                                     the communities of
                                                     Stebbins, Scammon
                                                     Bay, Hooper Bay,
                                                     and Chevak.
Yukon River drainage........  Freshwater fish       Residents of the
                               species (other than   Yukon-Northern
                               salmon), including    Area.
                               sheefish,
                               whitefish, lamprey,
                               burbot, sucker,
                               grayling, pike,
                               char, and blackfish.
Remainder...................  All fish............  Residents of the
                                                     Northern Area,
                                                     except for 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.

[[Page 5201]]

 
                              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  Residents of the
                               than herring.         Kuskokwim Area.
Waters around Nunivak         Herring and herring   Residents within 20
 Island..                      roe.                  miles of the coast
                                                     between the
                                                     westernmost tip of
                                                     the Naskonant
                                                     Peninsula and the
                                                     terminus of the
                                                     Ishowik River and
                                                     on Nunivak Island.
Bristol Bay area--Nushagak    Salmon and other      Residents of the
 District, including           freshwater fish.      Nushagak District
 drainages flowing into the                          and freshwater
 district.                                           drainages flowing
                                                     into the district.
Naknek-Kvichak District--     Salmon and other      Residents of the
 Naknek River drainage.        freshwater fish.      Naknek and Kvichak
                                                     River drainages.
Naknek-Kvichak District--     Salmon and other      Residents of the
 Iliamna-Lake Clark drainage.  freshwater fish.      Iliamna-Lake Clark
                                                     drainage.
Togiak District, including    Salmon and other      Residents of the
 drainages flowing into the    freshwater fish.      Togiak District,
 district.                                           freshwater
                                                     drainages flowing
                                                     into the district,
                                                     and the community
                                                     of Manokotak.
Togiak District.............  Herring spawn on      Residents of the
                               kelp.                 Togiak District.
Remainder...................  All fish............  Residents of the
                                                     Bristol Bay Area.
Aleutian Islands area.......  All fish............  Residents of the
                                                     Aleutian Islands
                                                     Area and the
                                                     Pribilof Islands.
Alaska Peninsula area.......  Halibut.............  Residents of the
                                                     Alaska Peninsula
                                                     Area and the
                                                     communities of
                                                     Ivanof Bay and
                                                     Perryville.
                              All other fish in     Residents of the
                               the Alaska            Alaska Peninsula
                               Peninsula Area.       Area.
Chignik area................  Halibut, salmon and   Residents of the
                               fish other than       Chignik Area.
                               steelhead and
                               rainbow trout.
Kodiak area--except the       Salmon..............  Residents of the
 Mainland District, all                              Kodiak Island
 waters along the south side                         Borough, except
 of the Alaska Peninsula                             those residing on
 bounded by the latitude of                          the Kodiak Coast
 Cape Douglas (58 deg.52'                            Guard Base.
 North latitude) mid-stream
 Shelikof Strait, and east
 of the longitude of the
 southern entrance of Imuya
 Bay near Kilokak Rocks (57
 deg.11'22" North latitude,
 156 deg.20'30" W longitude).
Kodiak area.................  Fish other than       Residents of the
                               steelhead and         Kodiak Area.
                               rainbow trout and
                               salmon.
Cook Inlet area.............  Fish other than       Residents of the
                               salmon, Dolly         Cook Inlet Area.
                               Varden, trout,
                               char, grayling, and
                               burbot.
Prince William Sound area--   Salmon..............  Residents of the
 South-Western District and                          Southwestern
 Green Island.                                       District which is
                                                     mainland waters
                                                     from the outer
                                                     point on the north
                                                     shore of Granite
                                                     Bay to Cape
                                                     Fairfield, and
                                                     Knight Island,
                                                     Chenega Island,
                                                     Bainbridge Island,
                                                     Evans Island,
                                                     Elrington Island,
                                                     Latouche Island and
                                                     adjacent islands.
North of a line from          Salmon..............  Residents of the
 Porcupine Point to Granite                          villages of
 Point, and south of a line                          Tatitlek and
 from Point Lowe to Tongue                           Ellamar.
 Point.
Glennallen Subdistrict of     Salmon..............  Residents of the
 the Upper Copper River                              Prince William
 District and the waters of                          Sound Area.
 the Copper River between
 ADF&G regulatory markers
 located near the mouth of
 Tanada Creek and
 approximately one-half mile
 downstream from that mouth
 and in Tanada Creek between
 ADF&G regulatory markers
 identifying the open waters
 of the creek.
 Copper River District--      Salmon..............  Residents of the
 remainder.                                          Prince William
                                                     Sound Area.
Yakutat area--Freshwater      Salmon..............  Residents of the
 upstream from the terminus                          area east of
 of streams and rivers of                            Yakutat Bay,
 the Yakutat Area from the                           including the
 Doame River to the Tsiu                             islands within
 River.                                              Yakutat Bay, west
                                                     of the Situk River
                                                     drainage, and south
                                                     of and including
                                                     Knight Island.
Freshwater upstream from the  Dolly Varden,         Residents of the
 terminus of streams and       steelhead trout,      area east of
 rivers of the Yakutat Area    and smelt.            Yakutat Bay,
 from the Doame River to                             including the
 Point Manby.                                        islands within
                                                     Yakutat Bay, west
                                                     of the Situk River
                                                     drainage, and south
                                                     of and including
                                                     Knight Island.
Southeastern Alaska area--    Salmon, Dolly         Residents of the
 District 1--Section 1-E in    Varden, trout,        City of Saxman.
 waters of the Naha River      smelt and eulachon.
 and Roosevelt Lagoon.
District 1--Section 1-F in    Salmon, Dolly         Residents of the
 Boca de Quadra in waters of   Varden, trout,        City of Saxman.
 Sockeye Creek and Hugh        smelt and eulachon.
 Smith Lake within 500 yards
 of the terminus of Sockeye
 Creek.

[[Page 5202]]

 
District 2--North of the      Salmon, Dolly         Residents of the
 latitude of the northern-     Varden, trout,        City of Kasaan and
 most tip of Chasina Point     smelt and eulachon.   in the drainage of
 and west of a line from the                         the southeastern
 northern-most tip of                                shore of the Kasaan
 Chasina Point to the                                Peninsula west of
 eastern-most tip of                                 132 deg. 20' W.
 Grindall Island to the                              long. and east of
 eastern-most tip of the                             132 deg. 25' W.
 Kasaan Peninsula.                                   long.
District 3--Section 3-A.....  Salmon, Dolly         Residents of the
                               Varden, trout,        townsite of
                               smelt and eulachon.   Hydaburg.
District 3--Section A.......  Halibut and           Residents of
                               bottomfish.           Southeast Area.
District 3--Section 3-B in    Salmon, Dolly         Residents of the
 waters east of a line from    Varden, trout,        City of Klawock and
 Point Ildefonso to Tranquil   smelt and eulachon.   on Prince of Wales
 Point.                                              Island within the
                                                     boundaries of the
                                                     Klawock Heenya
                                                     Corporation land
                                                     holdings as they
                                                     exist 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
                                                     exist in January
                                                     1989.
District 3--Section 3-C in    Salmon, Dolly         Residents of the
 waters of Sarkar Lakes.       Varden, trout,        City of Klawock and
                               smelt and eulachon.   on Prince of Wales
                                                     Island within the
                                                     boundaries of the
                                                     Klawock Heenya
                                                     Corporation land
                                                     holdings as they
                                                     exist 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
                                                     exist in January
                                                     1989.
District 5--North of a line   Salmon, Dolly         Residents of the
 from Point Barrie to          Varden, trout,        City of Kake and in
 Boulder Point.                smelt and eulachon.   Kupreanof Island
                                                     drainages emptying
                                                     into Keku Strait
                                                     south of Point
                                                     White and north of
                                                     the Portage Bay
                                                     boat harbor.
District 9--Section 9-A.....  Salmon, Dolly         Residents of the
                               Varden, trout,        City of Kake and in
                               smelt and eulachon.   Kupreanof Island
                                                     drainages emptying
                                                     into Keku Strait
                                                     south of Point
                                                     White and north of
                                                     the Portage Bay
                                                     boat harbor.
District 9--Section 9-B       Salmon, Dolly         Residents of the
 north of the latitude of      Varden, trout,        City of Kake and in
 Swain Point.                  smelt and eulachon.   Kupreanof Island
                                                     drainages emptying
                                                     into Keku Strait
                                                     south of Point
                                                     White and north of
                                                     the Portage Bay
                                                     boat harbor.
District 10--West of a line   Salmon, Dolly         Residents of the
 from Pinta Point to False     Varden, trout,        City of Kake and in
 Point Pybus.                  smelt and eulachon.   Kupreanof Island
                                                     drainages emptying
                                                     into Keku Strait
                                                     south of Point
                                                     White and north of
                                                     the Portage Bay
                                                     boat harbor.
District 12--South of a line  Salmon, Dolly         Residents of the
 from Fishery Point to south   Varden, trout,        City of Angoon and
 Passage Point and north of    smelt and eulachon.   along the western
 the latitude of Point                               shore of Admiralty
 Caution.                                            Island north of the
                                                     latitude of Sand
                                                     Island, south of
                                                     the latitude of
                                                     Thayer Creek, and
                                                     west of 134 deg.
                                                     30' W. long.,
                                                     including Killisnoo
                                                     Island.
District 13--Section 13-A     Salmon, Dolly         Residents of the
 south of the latitude of      Varden, trout,        City and Borough of
 Cape Edward.                  smelt and eulachon.   Sitka in drainages
                                                     which empty into
                                                     Section 13-B north
                                                     of the latitude of
                                                     Dorothy Narrows.
District 13--Section 13-B     Salmon, Dolly         Residents of the
 north of the latitude of      Varden, trout,        City and Borough of
 Redfish Cape.                 smelt and eulachon.   Sitka in drainages
                                                     which empty into
                                                     Section 13-B north
                                                     of the latitude of
                                                     Dorothy Narrows.
District 13--Section 13-C...  Salmon, Dolly         Residents of the
                               Varden, trout,        City and Borough of
                               smelt and eulachon.   Sitka in drainages
                                                     which empty into
                                                     Section 13-B north
                                                     of the latitude of
                                                     Dorothy Narrows.
District 13--Section 13-C     Salmon, Dolly         Residents of the
 east of the longitude of      Varden, trout,        City of Angoon and
 Point Elizabeth.              smelt and eulachon.   along the western
                                                     shore of Admiralty
                                                     Island north of the
                                                     latitude of Sand
                                                     Island, south of
                                                     the latitude of
                                                     Thayer Creek, and
                                                     west of 134 deg.
                                                     30' W. long.,
                                                     including Killisnoo
                                                     Island.
District 14--Section 14-B     Salmon, Dolly         Residents of the
 and 14-C.                     Varden, trout,        City of Hoonah and
                               smelt and eulachon.   in Chichagof Island
                                                     drainages on the
                                                     eastern shore of
                                                     Port Frederick from
                                                     Gartina Creek to
                                                     Point Sophia.
Bering Sea area.............  All shellfish.......  Residents of the
                                                     Bearing Sea Area.
Alaska Peninsula-Aleutian     Shrimp, Dungeness,    Residents of the
 Islands area.                 King, and Tanner      Alaska Peninsula-
                               crab.                 Aleutian Islands
                                                     Area.
Kodiak area.................  Shrimp, Dungeness,    Residents of the
                               and Tanner crab.      Kodiak Area.
Kodiak Area, except for the   King crab...........  Residents of the
 Semidi Island, the North                            Kodiak Island
 Mainland, and the South                             Borough except
 Mainland Sections.                                  those residents on
                                                     the Kodiak Coast
                                                     Guard base.
Prince William Sound area...  Shrimp, clams,        Residents of the
                               Dungeness, King,      Prince William
                               and Tanner crab.      Sound Area.

[[Page 5203]]

 
Southeastern Alaska-Yakutat   Shellfish, except     Residents of the
 Area--Section 1-E south of    shrimp, King crab,    Southeast Area.
 the latitude of Grant         and Tanner crab.
 Island light.
Section 1-F north of the      Shellfish, except     Residents of the
 latitude of the               shrimp, King crab,    Southeast Area.
 northernmost tip of Mary      and Tanner crab.
 Island, except waters of
 Boca de Quadra.
Section 3-A and 3-B.........  Shellfish, except     Residents of the
                               shrimp, King crab,    Southeast Area.
                               and Tanner crab.
District 13.................  Dungeness crab,       Residents of the
                               shrimp, abalone,      Southeast Area.
                               sea cucumbers, gum
                               boots, cockles, and
                               clams, except
                               geoducks.
------------------------------------------------------------------------

Subpart D--Subsistence Taking of Fish and Wildlife

    3. We propose to amend subpart D of 36 CFR part 242 and 50 CFR part 
100, by revising Secs. __.26 and __.27 to read as follows:


Sec. __.26  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) Definitions. The following definitions shall apply to all 
regulations contained in this section and Sec. ____.27:
    Abalone Iron means a flat device which is used for taking abalone 
and which is more than one inch (24 mm) in width and less than 24 
inches (610 mm) in length, with all prying edges rounded and smooth.
    ADF&G means the Alaska Department of Fish and Game.
    Anchor means a device used to hold a fishing vessel or net in a 
fixed position relative to the beach; this includes using part of the 
seine or lead, a ship's anchor, or being secured to another vessel or 
net that is anchored.
    Beach seine means a floating net which is designed to surround fish 
and is set from and hauled to the beach.
    Cast net means a circular net with a mesh size of no more than one 
and one-half inches and weights attached to the perimeter which, when 
thrown, surrounds the fish and closes at the bottom when retrieved.
    Char means the following species: Arctic char (Salvelinus alpinis); 
lake trout (Salvelinus namaycush); brook trout (Salvelinus fontinalis), 
and Dolly Varden (Salvelinus malma).
    Crab means the following species: red king crab (Paralithodes 
camshatica); blue king crab (Paralithodes platypus); brown king crab 
(Lithodes aequispina); Lithodes couesi; all species of tanner or snow 
crab (Chionoecetes spp.); and Dungeness crab (Cancer magister).
    Depth of net means the perpendicular distance between cork line and 
lead line expressed as either linear units of measure or as a number of 
meshes, including all of the web of which the net is composed.
    Dip net means a bag-shaped net supported on all sides by a rigid 
frame; the maximum straight-line distance between any two points on the 
net frame, as measured through the net opening, may not exceed five 
feet; the depth of the bag must be at least one-half of the greatest 
straight-line distance, as measured through the net opening; no portion 
of the bag may be constructed of webbing that exceeds a stretched 
measurement of 4.5 inches; the frame must be attached to a single rigid 
handle and be operated by hand.
    Diving Gear means any type of hard hat or skin diving equipment, 
including SCUBA equipment, a tethered, umbilical, surface-supplied, or 
snorkel.
    Drainage means all of the waters comprising a watershed including 
tributary rivers, streams, sloughs, ponds and lakes which contribute to 
the water supply of the watershed.
    Drift gillnet means a drifting gillnet that has not been 
intentionally staked, anchored or otherwise fixed.
    Fishwheel means a fixed, rotating device, with no more than four 
baskets on a single axle, for catching fish which is driven by river 
current or other means.
    Freshwater of streams and rivers means the line at which freshwater 
is separated from saltwater at the mouth of streams and rivers by a 
line drawn between the seaward extremities of the exposed tideland 
banks at the present stage of the tide.
    Fyke net means a fixed, funneling (fyke) device used to entrap 
fish.
    Gear means any type of fishing apparatus.
    Gillnet means a net primarily designed to catch fish by 
entanglement in a mesh that consists of a single sheet of webbing which 
hangs between cork line and lead line, and which is fished from the 
surface of the water.
    Grappling hook means a hooked device with flukes or claws, which is 
attached to a line and operated by hand.
    Groundfish or bottomfish means any marine fish except halibut, 
osmerids, herring and salmonids.
    Hand purse seine means a floating net which is designed to surround 
fish and which can be closed at the bottom by pursing the lead line; 
pursing may only be done by hand power, and a free-running line through 
one or more rings attached to the lead line is not allowed.
    Handline means a hand-held and operated line, with one or more 
hooks attached.
    Harvest limit means the maximum legal take per person or designated 
group, per specified time period, in the area in which the person is 
fishing, even if part or all of the fish are preserved. A fish, when 
landed and killed becomes part of the harvest limit of the person 
originally hooking it.
    Herring pound means an enclosure used primarily to contain live 
herring over extended periods of time.
    Household means a person or persons having the same residence.
    Hung measure means the maximum length of the cork line when 
measured wet or dry with traction applied at one end only.
    Hydraulic clam digger means a device using water or a combination 
of air and water to remove clams from their environment.
    Jigging gear means a line or lines with lures or baited hooks, 
drawn through the water by hand, and which are operated during periods 
of ice cover from holes cut in the ice, or from shore ice and which are 
drawn through the water by hand.
    Lead means either a length of net employed for guiding fish into a 
seine, set gillnet, or other length of net, or a

[[Page 5204]]

length of fencing employed for guiding fish into a fishwheel, fyke net 
or dip net.
    Legal limit of fishing gear means the maximum aggregate of a single 
type of fishing gear permitted to be used by one individual or boat, or 
combination of boats in any particular regulatory area, district or 
section.
    Long line means either a stationary, buoyed, or anchored line, or a 
floating, free-drifting line with lures or baited hooks attached.
    Mechanical clam digger means a mechanical device used or capable of 
being used for the taking of clams.
    Mechanical jigging machine means a mechanical device with line and 
hooks used to jig for halibut and bottomfish, but does not include hand 
gurdies or rods with reels.
    Mile means a nautical mile when used in reference to marine waters 
or a statute mile when used in reference to fresh water.
    Possession limit means the maximum number of fish a person or 
designated group may have in possession if the fish have not been 
canned, salted, frozen, smoked, dried, or otherwise preserved so as to 
be fit for human consumption after a 15 day period.
    Pot means a portable structure designed and constructed to capture 
and retain live fish and shellfish in the water.
    Purse seine means a floating net which is designed to surround fish 
and which can be closed at the bottom by means of a free-running line 
through one or more rings attached to the lead line.
    Ring net means a bag-shaped net suspended between no more than two 
frames; the bottom frame may not be larger in perimeter than the top 
frame; the gear must be nonrigid and collapsible so that free movement 
of fish or shellfish across the top of the net is not prohibited when 
the net is employed.
    Rockfish means all species of the genus Sebastes.
    Rod and reel means either a device upon which a line is stored on a 
fixed or revolving spool and is deployed through guides mounted on a 
flexible pole, or a line that is attached to a pole.
    Salmon means the following species: pink salmon (Oncorhynchus 
gorbuscha); sockeye salmon (Oncorhynchus nerka); chinook salmon 
(Oncorhynchus tshawytscha); coho salmon (Oncorhynchus kisutch); and 
chum salmon (Oncorhynchus keta).
    Salmon stream means any stream used by salmon for spawning or for 
traveling to a spawning area.
    Salmon stream terminus means a line drawn between the seaward 
extremities of the exposed tideland banks of any salmon stream at mean 
lower low water.
    Scallop dredge means a dredge-like device designed specifically for 
and capable of taking scallops by being towed along the ocean floor.
    Sea urchin rake means a hand-held implement, no longer than four 
feet, equipped with projecting prongs used to gather sea urchins.
    Set gillnet means a gillnet that has been intentionally set, 
staked, anchored, or otherwise fixed.
    Shovel means a hand-operated implement for digging clams or 
cockles.
    Spear means a shaft with a sharp point or fork-like implement 
attached to one end which is used to thrust through the water to impale 
or retrieve fish and which is operated by hand.
    Stretched measure means the average length of any series of 10 
consecutive meshes measured from inside the first knot and including 
the last knot when wet; the 10 meshes, when being measured, shall be an 
integral part of the net, as hung, and measured perpendicular to the 
selvages; measurements shall be made by means of a metal tape measure 
while the 10 meshes being measured are suspended vertically from a 
single peg or nail, under five-pound weight.
    Subsistence fishing permit means a permit issued by the Alaska 
Department of Fish and Game, unless specifically identified otherwise.
    To operate fishing gear means any of the following: to deploy gear 
in the water; to remove gear from the water; to remove fish or 
shellfish from the gear during an open season or period; or to possess 
a gillnet containing fish during an open fishing period, except that a 
gillnet which is completely clear of the water is not considered to be 
operating for the purposes of minimum distance requirement.
    Trawl means a bag-shaped net towed through the water to capture 
fish or shellfish, and includes beam, otter, or pelagic trawl.
    Troll gear means a power gurdy troll gear consisting of a line or 
lines with lures or baited hooks which are drawn through the water by a 
power gurdy; hand troll gear consisting of a line or lines with lures 
or baited hooks which are drawn through the water from a vessel by hand 
trolling, strip fishing or other types of trolling, and which are 
retrieved by hand power or hand-powered crank and not by any type of 
electrical, hydraulic, mechanical or other assisting device or 
attachment; or dinglebar troll gear consisting of one or more lines, 
retrieved and set with a troll gurdy or hand troll gurdy, with a 
terminally attached weight from which one or more leaders with one or 
more lures or baited hooks are pulled through the water while a vessel 
is making way.
    Trout means the following species: cutthroat trout (Oncorhynchus 
clarki) and rainbow trout or steelhead trout (Oncorhynchus mykiss).
    (c) Methods, means, and general restrictions. (1) Unless otherwise 
specified in this section or under terms of a required subsistence 
fishing permit, 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 ring net;
    (xi) A longline;
    (xii) A fyke net;
    (xiii) A lead;
    (xiv) A herring pound;
    (xv) A dip net;
    (xvi) Jigging gear;
    (xvii) A mechanical jigging machine;
    (xviii) A handline;
    (xix) A shovel;
    (xx) A mechanical clam digger;
    (xxi) A hydraulic clam digger;
    (xxii) An abalone iron;
    (xxiii) A scallop dredge;
    (xxiv) A grappling hook;
    (xxv) A sea urchin rake;
    (xxvi) Diving gear;
    (xxvii) A cast net;
    (xxviii) A handline;
    (xxix) A rod and reel; and
    (xxx) 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 
six inches in length. The opening must be laced, sewn, or secured 
together by a single length of untreated, 100 percent cotton twine, no 
larger than 30 thread. The cotton twine may be knotted at each end 
only. The opening must be within six 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;

[[Page 5205]]

    (ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish 
and bottomfish pots may, instead of complying with (i) of this 
paragraph, 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 six 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 six 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) You may not obstruct more than one-half the width of any stream 
with any gear used to take fish for subsistence uses. You may not 
obstruct more than one-half the width of any stream with any stationary 
fishing.
    (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 trout or steelhead trout.
    (15) You may not use as bait for commercial or sport fishing 
purposes fish taken for subsistence use or under subsistence 
regulations.
    (16) You may not accumulate harvest limits authorized in this 
section or Sec. __.27 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:
    (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 possessions 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) 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 is 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 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 bag 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 fishing 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) If a subsistence fishing permit is required by this section, 
the following permit conditions apply unless otherwise specified in 
this section:
    (i) You may not take more fish for subsistence use than the limits 
set out in the permit;
    (ii) You must obtain the permit prior to fishing;
    (iii) You must have the permit in your possession and readily 
available for inspection while fishing or transporting subsistence-
taken fish;
    (iv) If specified on the permit, you 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

[[Page 5206]]

demonstrate that failure to report was due to loss in the mail, 
accident, sickness, or other unavoidable circumstances.
    (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 subsistence fish for char from June 1 through 
September 20, in the Noatak River one mile upstream and one mile 
downstream from the mouth of the Kelly River, and in the Kelly River 
from its mouth to \1/4\ mile upstream.
    (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 Canal Point 
light, including those waters of Alaska surrounding St. Lawrence Island 
and those waters draining into the Bering Sea.
    (i) In the Port Clarence District, you may take fish at any time 
except as specified by emergency regulation.
    (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 commercial salmon fishing season, except that from July 15 through 
August 1, you may take salmon for subsistence purposes seven 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 regulations.
    (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 may take fish for subsistence purposes without a 
subsistence fishing permit except that a subsistence fishing permit is 
required in the Norton Sound District: 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 Canal Point Light 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 
salmon in the Yukon-Northern Area at any time.
    (ii) In the following locations, you may take salmon only during 
the open weekly fishing periods of the commercial salmon fishing season 
and may not take them for 24 hours before the opening of the commercial 
salmon fishing season:
    (A) 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) 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 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 commercial salmon fishing season.
    (vi) In Districts 1, 2, and 3:
    (A) After the opening of the 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 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 
commercial salmon fishing period.
    (vii) In Subdistrict 4-A after the opening of the commercial salmon 
fishing season, you may not take salmon for subsistence for 12 hours 
immediately before, during, and for 12 hours after each commercial 
salmon fishing period; however, you may take king salmon during the 
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) In the upper Yukon River drainage, you may not subsistence 
fish in Birch Creek and waters within 500 feet of its mouth, except 
that you may take whitefish and suckers under the authority of a 
subsistence fishing permit.
    (ix) You may not subsistence fish in the following drainages 
located north of the main Yukon River:
    (A) Kanuti River upstream from a point five miles downstream of the 
state highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks; and

[[Page 5207]]

    (D) North Fork of the Chandalar River system upstream from the 
mouth of Quartz Creek.
    (x) You may not subsistence fish in the Delta River.
    (xi) You may not subsistence fish in the following rivers and 
creeks and within 500 feet of their mouths: Big Salt River, Hess Creek, 
and Beaver Creek.
    (xii) You may not subsistence fish in the Deadman, Jan, Fielding, 
and Two-Mile Lakes.
    (xiii) You may not subsistence fish in the Toklat River drainage 
from August 15 through May 15.
    (xiv) You may take salmon only by gillnet, beach seine, fish wheel, 
or rod and reel, subject to the restrictions set forth in this section.
    (xv) In District 4, if you are a commercial fisherman, you may not 
take salmon for subsistence purposes during the 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.
    (xvi) 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.
    (xvii) 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 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; 
and
    (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 one 
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 four miles upstream 
from Anvik, there is no minimum distance requirement between fish 
wheels.
    (xviii) During the 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.
    (xix) In District 4, from September 21 through May 15, you may use 
jigging gear from shore ice.
    (xx) Except as provided in this section, you may take fish for 
subsistence purposes without a subsistence fishing permit.
    (xxi) 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) For whitefish and suckers in Birch Creek and within 500 feet of 
its mouth;
    (D) For the Tanana River drainage above the mouth of the Wood 
River.
    (xxii) Only one subsistence fishing permit will be issued to each 
household per year.
    (xxiii) In Districts 1, 2, and 3, you may not possess king salmon 
taken for subsistence purposes unless the dorsal fin has been removed 
immediately after landing.
    (xxiv) If you are a commercial salmon fisherman who is registered 
for District 1, 2, or 3, you may not take salmon for subsistence 
purposes in any other district located downstream from Old Paradise 
Village.
    (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 six hours after, each 
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 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 
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 six hours 
after each 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 six hours 
after each 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 six hours after each 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 six hours after each 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, 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.

[[Page 5208]]

    (xiv) The maximum depth of gillnets is as follows:
    (A) Gillnets with six-inch or smaller mesh may not be more than 45 
meshes in depth;
    (B) Gillnets with greater than six-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 residents of Goodnews Bay, 
Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak, subject to the 
following restrictions:
    (A) You may take rainbow trout only by the use of gillnets, rod and 
reel, or jigging through the ice;
    (B) You may not use gillnets for taking 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.
    (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 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 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 as follows:
    (A) By spear in the Togiak River excluding its tributaries;
    (B) From August 30 through September 30, by spear, dip net, and 
gillnet along a 100 yard length of the west shore of Naknek Lake near 
the outlet to the Naknek River as marked by ADF&G regulatory markers;
    (C) From August 15 through September 15, by spear, dip net, and 
gillnet at Johnny's Lake on the northwestern side of Naknek Lake;
    (D) From October 1 through November 15, by spear, dip net, and 
gillnet at the mouth of Brooks River at Naknek Lake;
    (E) At locations and times specified in paragraphs (i)(5)(vii) (B) 
through (D) of this section, gillnets may not exceed five fathoms in 
length and may not be anchored or tied to a stake or peg, and you must 
be present at the net while fishing the net.
    (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 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.
    (xv) Only one subsistence fishing permit may be issued to each 
household per year.
    (xvi) After August 20, you may not possess coho salmon for 
subsistence purposes in the Togiak River section and the Togiak River 
drainage unless the head has been immediately removed from the salmon.
    (6) Aleutian Islands Area. The Aleutian Islands Area includes all 
waters of Alaska west of the longitude of the tip of Cape Sarichef, 
east of 172 deg. East longitude, and south of 54 deg. 36' North 
latitude.
    (i) You may take fish, other than salmon, rainbow trout, and 
steelhead trout, at any time unless restricted under the terms of a 
subsistence fishing permit. If you take rainbow trout and 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 an 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-Amilia, 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 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;
    (B) 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;
    (C) Waters in Reese Bay from July 1 through July 9, within 500 
yards of the outlet stream terminus to McLees Lake;
    (D) 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.

[[Page 5209]]

    (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 require 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 the your 
household listed on the permit. You may obtain an additional permit.
    (x) You must keep a record on the reverse side of the permit of 
subsistence-caught fish. You must complete the record immediately upon 
taking subsistence-caught fish and must return it no later than October 
31.
    (xi) The daily harvest limit for halibut is two fish and the 
possession limit is two daily harvest limits. You may not possess 
sport-taken and subsistence-taken halibut on the same day.
    (7) Alaska Peninsula Area. The Alaska Peninsula Area includes all 
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 
latitude of the tip of Cape Menshikof.
    (i) You may take fish, other than salmon, rainbow trout, and 
steelhead trout, at any time unless restricted under the terms of a 
subsistence fishing permit. If you take rainbow trout and 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 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 trout and steelhead 
trout, at any time, except as may be specified by a subsistence fishing 
permit. If you take rainbow trout and 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 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.
    (v) If you hold a commercial fishing license, you may not 
subsistence fish for salmon from 48 hours before the first commercial 
salmon fishing opening in the Chignik Area through September 30.
    (vi) You may take salmon by seines, gillnets, rod and reel, or with 
gear specified on a subsistence fishing permit, except that in Chignik 
Lake you may not use purse seines.
    (vii) You may take fish other than salmon by gear listed in this 
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take halibut for subsistence purposes only by a 
single handheld line with no more than two hooks attached.
    (ix) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on the subsistence fishing permit.
    (x) The daily harvest limit for halibut is two fish and the 
possession limit is two daily harvest limits. You may not possess 
sport-taken and subsistence-taken halibut on the same day.
    (9) Kodiak Area. The Kodiak Area includes all waters of Alaska 
south of a line extending east from Cape Douglas (58 deg. 51.10' 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, rainbow trout and 
steelhead trout, at any time unless restricted by the terms of a 
subsistence fishing permit. If you take rainbow trout and 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 open commercial salmon fishing period;
    (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) All waters closed to commercial salmon fishing in the Chiniak 
Bay and all waters closed to commercial salmon fishing within 100 yards 
of the terminus of Selief Bay Creek and north and west of a line from 
the tip of Last Point to the tip of River Mouth Point in Afognak Bay;
    (B) From August 15 through September 30, all waters 500 yards 
seaward of the terminus of Little Kitoi Creek;
    (C) All freshwater systems of Afognak Island.
    (iv) You must have a subsistence fishing permit for taking salmon, 
trout,

[[Page 5210]]

and char for subsistence purposes. You must have a subsistence fishing 
permit for taking herring and bottomfish for subsistence purposes 
during the 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 keep a record of the number of subsistence fish taken 
each year. You must record on the reverse side of the 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 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, other 
than rainbow trout and steelhead trout, at any time in the Cook Inlet 
Area. If you take rainbow trout and steelhead trout incidentally in 
other subsistence net fisheries or through the ice, you may retain them 
for subsistence purposes.
    (ii) You may not take salmon, Dolly Varden, trout, grayling, char, 
and burbot for subsistence purposes.
    (iii) 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 two 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.
    (iv) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit.
    (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 trout and steelhead trout, at any time in the Prince 
William Sound Area.
    (ii) You may take salmon in the Upper Copper River District only as 
follows:
    (A) In the Glennallen Subdistrict, from June 1 through September 
30;
    (B) You may not take salmon in the Chitina Subdistrict.
    (iii) You may take salmon, other than chinook salmon, in the 
vicinity of the former Native village of Batzulnetas only under the 
authority of a Batzulnetas subsistence salmon fishing permit issued by 
ADF&G and under the following conditions:
    (A) You may take salmon only in those waters of the Copper River 
between ADF&G regulatory markers located near the mouth of Tanada Creek 
and approximately one-half mile downstream from that mouth and in 
Tanada Creek between ADF&G regulatory markers identifying the open 
waters of the creek;
    (B) You may use only fish wheels and dip nets on the Copper River 
and only dip nets and spears in Tanada Creek;
    (C) You may take salmon only from June 1 through September 1 or 
until the season is closed by emergency regulation; fishing periods are 
to be established by emergency regulation and are two days per week 
during the month of June and 3.5 days per week for the remainder of the 
season;
    (D) You must release chinook salmon to the water unharmed; you must 
equip your fish wheel with a livebox or monitor it at all times;
    (E) You must return the permit no later than September 30.
    (iv) You may take salmon for subsistence purposes with no bag 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 four inches, or gillnets up to 150 
fathoms in length, except that you may take pink salmon only in fresh 
water using dip nets;
    (B) You may take salmon only from May 15 until two days before the 
commercial opening of the Southwestern District, seven days per week; 
during the commercial salmon fishing season, only during open 
commercial salmon fishing periods; and from two days following the 
closure of the commercial salmon season until September 30, seven days 
per week;
    (C) You may not fish within the closed waters areas for commercial 
salmon fisheries.
    (v) You may take salmon for subsistence purposes with no bag 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 four inches, or gillnets up to 150 
fathoms in length with a maximum mesh size of six and one-quarter 
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 two days before the 
commercial opening of the Eastern District, seven days per week during 
the commercial salmon fishing season, only during open commercial 
salmon fishing periods; and from two days following the closure of the 
commercial salmon season until October 31, seven days per week;
    (C) You may not fish within the closed waters areas for commercial 
salmon fisheries.
    (vi) If you take rainbow trout and steelhead trout incidentally in 
other subsistence net fisheries, you may retain them for subsistence 
purposes.
    (vii) You may take herring spawn on kelp for subsistence purposes 
from above water from March 15 through June 15 and underwater using 
dive gear only during open periods for the wild herring spawn-on-kelp 
commercial fishery.
    (viii) You may not take salmon in the tributaries of the Copper 
River and waters of the Copper River not in the Upper Copper River 
District.
    (ix) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit.
    (x) You may take salmon only by the following types of gear:
    (A) In the Glennallen Subdistrict by fish wheels, rod and reel, or 
dip nets; and
    (B) In salt water by gillnets and seines.
    (xi) 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. Your registration number and

[[Page 5211]]

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. 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 one inch high, must be attached to each fish wheel so 
that the name and address are plainly visible.
    (xii) 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.
    (xiii) You may take halibut only by a single hand-held line with 
not more than two hooks attached to it.
    (xiv) You may take herring spawn on kelp only by a hand-held 
unpowered blade-cutting device. You must cut kelp plant blades at least 
four inches above the stipe (stem). The provisions of this paragraph do 
not apply to Fucus species.
    (xv) 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.
    (xvi) You may take salmon and freshwater fish species only under 
authority of a subsistence fishing permit.
    (xvii) Only one subsistence fishing permit will be issued to each 
household per year.
    (xviii) The following apply to Upper Copper River District 
subsistence salmon fishing permits:
    (A) Only one type of gear may be specified on a permit;
    (B) Only one permit per year may be issued to a household;
    (C) You must return your permit no later than October 31, or you 
may be denied a permit for the following year;
    (D) If your household has a Chitina Subdistrict personal use salmon 
fishing permit, you will not be issued a Copper River subsistence 
salmon fishing permit;
    (E) 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;
    (F) Only the permit holder and the authorized member of the 
household listed on the subsistence permit may take salmon;
    (G) A permit holder must record on ADF&G forms all salmon taken 
immediately after landing the salmon.
    (xix) The total annual possession limit for an Upper Copper River 
District subsistence salmon fishing permit is as follows:
    (A) For a household with one person, 30 salmon, of which no more 
than 5 may be chinook salmon if taken by dip net;
    (B) For a household with two persons, 60 salmon, of which no more 
than five may be chinook salmon if taken by dip net; plus 10 salmon for 
each additional person in a household over 2, 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 one 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.
    (xx) 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 
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)(xx):
    (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 department 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.
    (xxi) You may not possess salmon taken under the authority of an 
Upper Copper River District subsistence fishing permit unless both 
lobes of the caudal (tail) fin have been immediately removed from the 
salmon.
    (xxii) In locations open to 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 one person;
    (B) 30 salmon for a household of two persons and 10 salmon for each 
additional person in a household;
    (C) No more than five king salmon may be taken per permit.
    (xxiii) 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.
    (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 an opening until 48 hours after the closure of an open 
commercial salmon net fishing season. This applies to each river or bay 
fishery individually.
    (iii) When the length of the weekly commercial salmon net fishing 
period exceeds two days in any Yakutat Area salmon net fishery, the 
subsistence fishing period is from 6:00 a.m. to 6:00 p.m. on Saturday 
in that location.
    (iv) You may take salmon, steelhead trout in the Situk and Ahrnklin 
Rivers, other trout and char only under authority of a 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.

[[Page 5212]]

    (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.
    (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 trout 
and steelhead trout, in the Southeastern Alaska Area at any time.
    (ii) You may take herring at any time, except that in the 72 hours 
before and 72 hours after an open commercial herring fishing period in 
the Southeastern Alaska Area, a vessel that, or crew member or permit 
holder who, participates in that commercial herring fishery opening may 
not take or possess herring in any district in the Southeastern Alaska 
Area.
    (iii) 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.
    (iv) You must possess a subsistence fishing permit to take salmon, 
trout, or char.
    (v) Permits will not be issued for the taking of chinook or coho 
salmon, but if you take chinook or coho salmon incidentally with gear 
operated under terms of a subsistence permit for other salmon, they may 
be kept for subsistence purposes. You must report any chinook or coho 
salmon taken in this manner on your permit calendar.
    (vi) 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.
    (vii) No permits for the use of nets will be issued for the salmon 
streams flowing across or adjacent to the road systems of Petersburg, 
Wrangell, and Sitka
    (viii) You shall immediately remove the pelvic fins of all salmon 
when taken.
    (ix) You may not possess subsistence-taken and sport-taken salmon 
on the same day.


Sec. __.27  Subsistence taking of shellfish.

    (a) Regulations in this section apply to subsistence taking of 
Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and 
other shellfish or their parts.
    (b) You may take shellfish for subsistence uses at any time in any 
area of the public lands by any method unless restricted by the 
subsistence fishing regulations of Sec. __.26 or this section.
    (c) Methods, means, and general restrictions. (1) The harvest limit 
specified in this section for a subsistence season for a species and 
the State harvest limit set for a State season for the same species are 
not cumulative. This means that if you have taken the harvest limit for 
a particular species under a subsistence season specified in this 
section, you may not after that, take any additional shellfish of that 
species under any other harvest limit specified for a State season.
    (2) Unless otherwise provided in this section, you may use gear as 
specified in the definitions of Sec. .26 for subsistence taking of 
shellfish.
    (3) You are prohibited from buying or selling subsistence-taken 
shellfish, their parts, or their eggs, unless otherwise specified.
    (4) You may not use explosives and chemicals, except that you may 
use chemical baits or lures to attract shellfish.
    (5) Marking requirements for subsistence shellfish gear are as 
follows:
    (i) You shall plainly and legibly inscribe your first initial, last 
name, and address on a keg or buoy attached to unattended subsistence 
fishing gear, except when fishing through the ice, you may substitute 
for the keg or buoy, a stake inscribed with your first initial, last 
name, and address inserted in the ice near the hole; subsistence 
fishing gear may not display a permanent ADF&G vessel license number;
    (ii) kegs or buoys attached to subsistence crab pots also must be 
inscribed with the name or United States Coast Guard number of the 
vessel used to operate the pots.
    (6) Pots used for subsistence fishing must comply with the escape 
mechanism requirements found in Sec. __.26.
    (7) You may not mutilate or otherwise disfigure a crab in any 
manner which would prevent determination of the minimum size 
restrictions until the crab has been processed or prepared for 
consumption.
    (d) Taking shellfish by designated harvest permit. (1) Any species 
of shellfish that may be taken by subsistence fishing under this part 
may be taken under a designated harvest permit.
    (2) If you are a Federally-qualified subsistence user 
(beneficiary), you may designate another Federally-qualified 
subsistence user to take shellfish on your behalf. The designated 
fisherman must obtain a designated harvest permit prior to attempting 
to harvest shellfish and must return a completed harvest report. The 
designated fisherman may harvest for any number of beneficiaries but 
may have no more than two harvest limits in his/her possession at any 
one time.
    (3) The designated fisherman must have in possession a valid 
designated harvest permit when taking, attempting to take, or 
transporting shellfish taken under this section, on behalf of a 
beneficiary.
    (4) a person may not fish with more than one legal limit of gear as 
established by this section.
    (5) You may not designate more than one person to take or attempt 
to take shellfish on your behalf at one time. You may not personally 
take or attempt to take shellfish at the same time that a designated 
fisherman is taking or attempting to take shellfish on your behalf.
    (e) If a subsistence shellfishing permit is required by this 
section, the following conditions apply unless otherwise specified by 
the subsistence shellfishing regulations this section:
    (1) You may not take shellfish for subsistence in excess of the 
limits set out in the permit;
    (2) You must obtain a permit prior to subsistence fishing;
    (3) You must have the permit in your possession and readily 
available for inspection while taking or transporting the species for 
which the permit is issued;
    (4) The permit may designate the species and numbers of shellfish 
to be harvested, time and area of fishing, the type and amount of 
fishing gear and other conditions necessary for management or 
conservation purposes;
    (5) If specified on the permit, you shall keep accurate daily 
records of the catch involved, showing the number of shellfish taken by 
species, location and date of the catch and such other information as 
may be required for management or conservation purposes;
    (6) Subsistence fishing reports must be completed and submitted at 
a time specified for each particular area and fishery;
    (7) If the return of catch information necessary for management and 
conservation purposes is required by a subsistence fishing permit and 
you fails 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

[[Page 5213]]

mail, accident, sickness or other unavoidable circumstances.
    (f) Subsistence take by commercial vessels. No fishing vessel which 
is commercially licensed and registered for shrimp pot, shrimp trawl, 
king crab, Tanner crab, or Dungeness crab fishing may be used for 
subsistence take during the period starting 14 days before an opening 
until 14 days after the closure of a respective open season in the area 
or areas for which the vessel is registered. However, if you are a 
commercial fisherman, you may retain shellfish for your own use from 
your lawfully taken commercial catch.
    (g) You may not take or possess shellfish smaller than the minimum 
legal size limits.
    (h) Unlawful possession of subsistence shellfish. You may not 
possess, transport, give, receive or barter shellfish or their parts 
taken in violation of Federal or State regulations.
    (i)(1) An owner, operator, or employee of a lodge, charter vessel, 
or other enterprise that furnishes food, lodging, or guide services may 
not furnish to a client or guest of that enterprise, shellfish that has 
been taken under this chapter, unless:
    (i) The shellfish has been taken with gear deployed and retrieved 
by the client or guest;
    (ii) The gear has been marked with the client's or guest's name and 
address; and
    (iii) The shellfish is to be consumed by the client or guest or is 
consumed in the presence of the client or guest.
    (2) The captain and crew members of a charter vessel may not 
deploy, set, or retrieve their own gear in a subsistence shellfish 
fishery when that vessel is being chartered.
    (j) Subsistence shellfish areas and pertinent restrictions. (1) 
Southeastern Alaska-Yakutat Area. No marine waters under jurisdiction 
for Federal subsistence management.
    (2) Prince William Sound Area. No marine waters under jurisdiction 
for Federal subsistence management.
    (3) Cook Inlet Area. You may not take shellfish for subsistence 
purposes.
    (4) Kodiak Area. (i) You may take crab for subsistence purposes 
only under the authority of a subsistence crab fishing permit issued by 
the ADF&G.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
before subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section or subsection. The permit shall specify the area and the date 
the vessel operator intends to fish. No more than 500 pounds (227 kg) 
of shrimp may be in possession aboard the vessel.
    (iii) The daily harvest and possession limit is 12 male Dungeness 
crab per person; only male Dungeness crab with a shell width of six and 
one-half inches or greater may be taken or possessed. Taking of 
Dungeness crab is prohibited in water 25 fathoms or more in depth 
during the 14 days immediately before the opening of a commercial king 
or Tanner crab fishing season in the location.
    (iv) In the subsistence taking of king crab:
    (A) The annual limit is six crabs per household; only male king 
crab may be taken or possessed;
    (B) All crab pots used for subsistence fishing and left in 
saltwater unattended longer than a two-week period shall have all bait 
and bait containers removed and all doors secured fully open;
    (C) You may not use more than five crab pots, each being no more 
than 75 cubic feet in capacity to take king crab;
    (D) You may take king crab only from June 1-January 31, except that 
the subsistence taking of king crab is prohibited in waters 25 fathoms 
or greater in depth during the period 14 days before and 14 days after 
open commercial fishing seasons for red king crab, blue king crab, or 
Tanner crab in the location;
    (E) The waters of the Pacific Ocean enclosed by the boundaries of 
Womans Bay, Gibson Cove, and an area defined by a line \1/2\ mile on 
either side of the mouth of the Karluk River, and extending seaward 
3,000 feet, and all waters within 1,500 feet seaward of the shoreline 
of Afognak Island are closed to the harvest of king crab except by 
Federally-qualified subsistence users.
    (v) In the subsistence taking of Tanner crab:
    (A) You may not use more than five crab pots to take Tanner crab;
    (B) You may not take Tanner crab in waters 25 fathoms or greater in 
depth during the 14 days immediately before the opening of a commercial 
king or Tanner crab fishing season in the location;
    (C) The daily harvest and possession limit is 12 male crab with a 
shell width five and one-half inches or greater per person.
    (5) Alaska Peninsula-Aleutian Islands Area. (i) The operator of a 
commercially licensed and registered shrimp fishing vessel must obtain 
a subsistence fishing permit from the ADF&G prior to subsistence shrimp 
fishing during a closed commercial shrimp fishing season or within a 
closed commercial shrimp fishing district, section, or subsection; the 
permit shall specify the area and the date the vessel operator intends 
to fish; no more than 500 pounds (227 kg) of shrimp may be in 
possession aboard the vessel.
    (ii) The daily harvest and possession limit is 12 male Dungeness 
crab per person; only crabs with a shell width of five and one-half 
inches or greater may be taken or possessed.
    (iii) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crab per 
person; only crabs with a shell width of six and one-half inches or 
greater may be taken or possessed;
    (B) All crab pots used for subsistence fishing and left in 
saltwater unattended longer than a two-week period shall have all bait 
and bait containers removed and all doors secured fully open;
    (C) You may take crabs only from June 1-January 31.
    (iv) The daily harvest and possession limit is 12 male Tanner crab 
per person; only crabs with a shell width of five and one-half inches 
or greater may be taken or possessed.
    (6) Bering Sea Area. (i) In that portion of the area north of the 
latitude of Cape Newenham, shellfish may only be taken by shovel, 
jigging gear, pots and ring net.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
prior to subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section or subsection; the permit shall specify the area and the date 
the vessel operator intends to fish; no more than 500 pounds (227 kg) 
of shrimp may be in possession aboard the vessel.
    (iii) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male Dungeness crab per person.
    (iv) In the subsistence taking of king crab:
    (A) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is six male crab per person;
    (B) All crab pots used for subsistence fishing and left in 
saltwater unattended longer than a two-week period shall have all bait 
and bait containers removed and all doors secured fully open;
    (C) In waters south of 60 deg. N. lat., you may take crab only from 
June 1-January 31;
    (D) In the Norton Sound Section of the Northern District, you must 
have a subsistence permit.

[[Page 5214]]

    (v) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male Tanner crab.

    Dated: December 16, 1999.
James A. Caplan,
Acting Regional Forester, USDA-Forest Service.

    Dated: December 15, 1999.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 00-1719 Filed 2-1-00; 8:45 am]
BILLING CODE 3410-11-P, 4310-55-P