[Federal Register Volume 66, Number 30 (Tuesday, February 13, 2001)]
[Rules and Regulations]
[Pages 10142-10160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1953]



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Part III





Department of Agriculture





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Forest Service



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36 CFR Part 242





Department of the Interior





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Office of the Secretary



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50 CFR Part 100



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

  Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 / 
Rules and Regulations  

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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AF91


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

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

ACTION: Final rule.

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SUMMARY: This final rule establishes regulations for seasons, harvest 
limits, methods, and means related to taking of wildlife, 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. This rulemaking replaces the fish and shellfish 
regulations 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,'' which expire on 
February 28, 2001. This rule also adds a paragraph in Section ______.25 
relative to the issuance of educational and cultural harvest permits 
and amends the Customary and Traditional Use Determinations of the 
Federal Subsistence Board (Section ______.24 of Subpart C).

DATES: Section ______.24(a)(2) is effective March 1, 2001. Section 
______.25(c) is effective March 1, 2001, through June 30, 2001. 
Sections ______.26, ______.27, and ______.28 are effective March 1, 
2001, through February 28, 2002.

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) 
786-3888.

SUPPLEMENTARY INFORMATION:

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). On January 8, 1999, (64 FR 1276), the 
Departments extended jurisdiction to include waters in which there 
exists a Federal reserved water right. This amended rule conformed the 
Federal Subsistence Management Program to the Ninth Circuit's ruling in 
Alaska v. Babbitt.
    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 Regional Director, U.S. Bureau of Indian 
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through 
the Board, these agencies participated in the development of 
regulations for Subparts A, B, and C, and the annual Subpart D 
regulations.
    All Board members have reviewed this rule and agree with its 
substance. Because this 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.

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 100.11 (1999), and for the purposes 
identified therein, we divide Alaska into ten 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 had a substantial role in reviewing the 
proposed rule and making recommendations for the final rule. Moreover, 
the Council Chairs, or their designated representatives, presented 
their Council's recommendations at the Board meeting of December 5-6, 
2000.

Summary of Changes

    Section ______.24 (Customary and traditional use determinations) 
was originally published in the Federal Register (57 FR 22940) on May 
29, 1992. Since that time, the Board has made a number of Customary and 
Traditional Use Determinations at the request of impacted subsistence 
users. Those modifications, along with some administrative corrections, 
were published in the Federal Register (59 FR 27462, published May 27, 
1994; 59 FR 51855, published October 13, 1994; 60 FR 10317, published 
February 24, 1995; 61 FR 39698, published July 30, 1996; 62 FR 29016, 
published May 29, 1997; 63 FR 35332, published June 29, 1998; 63 FR 
46148, published August 28, 1998; 64 FR 1276, published January 8, 
1999; and 64 FR 35776, published July 1, 1999). During its December 5-
6,

[[Page 10143]]

2000, meeting, the Board made additional determinations in addition to 
various annual season and harvest limit changes. The public has had 
extensive opportunity to review and comment on all changes. Additional 
details on the recent Board modifications are contained below in 
Analysis of Proposals Adopted by the Board.
    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. Proposed Subpart D regulations 
for the 2001-2002 seasons and harvest limits, and methods and means 
were published on February 2, 2000, in the Federal Register (65 FR 
5197). A 55-day comment period providing for public review of the 
proposed rule and calling for proposals was advertised by mail, radio, 
and newspaper. During that period, the Regional Councils met and, in 
addition to other Regional Council business, received suggestions for 
proposals from the public. The Board received a total of 44 proposals 
for changes to Customary and Traditional Use Determinations or to 
Subpart D. Subsequent to the review period, the Board prepared a 
booklet describing the proposals and distributed it to the public. The 
public had an additional 49 days in which to comment on the proposals 
for changes to the regulations. The ten Regional Councils met again, 
received public comments, and formulated their recommendations to the 
Board on proposals for their respective regions. Ten of the proposals 
were withdrawn from consideration by their originators. These final 
regulations reflect Board review and consideration of Regional Council 
recommendations and public comments.

Analysis of Proposals Rejected by the Board

    The Board rejected six proposals. All but two of these rejections 
were based on recommendations from the respective Regional Council. In 
those two other cases, the Regional Council recommendations to close a 
sport fishery in one instance and reduce harvest limits in another did 
not have sufficient justification, imposed an unnecessary restriction 
on the taking for nonsubsistence uses and were without biological 
justification.
    The Board rejected two proposals requesting that State subsistence 
fishing permits be replaced with a Federal permit. In each case, the 
Federal permit would have imposed an undue burden on the user and 
duplicated permitting requirements already in place without adding any 
net benefit.
    One proposal requested establishing a Federal subsistence fishery 
in the marine portion of a bay/river area. In this case, the area 
proposed for the fishery was not under jurisdiction of the Federal 
Subsistence Program.
    One proposal requested restricting the subsistence fishery to the 
estuary portion of a river system. This proposal was rejected because 
it would be detrimental to the subsistence users who fish at many 
locations throughout the river system.
    The Board deferred action on six proposals in order to assemble 
additional fisheries data, to allow communities or Regional Councils 
additional time to review the issues and provide additional 
information, or to work with an international treaty commission.

Analysis of Proposals Adopted by the Board

    The Board adopted 21 proposals. Some of these proposals were 
adopted as submitted and others were adopted with modifications 
suggested by the respective Regional Council or developed during the 
Board's public deliberations.
    All of the adopted proposals were recommended for adoption by at 
least one of the Regional Councils and were based on meeting customary 
and traditional uses, harvest practices, or protecting fish 
populations. Detailed information relating to justification for the 
action on each proposal may be found in the Board meeting transcripts, 
available for review at the Office of Subsistence Management, 3601 C 
Street, Suite 1030, Anchorage, Alaska or on the Office of Subsistence 
Management website (http://www.r7.fws.gov/asm/home.html). Additional 
technical clarifications and removal of excess materials have been 
made, which result in a more readable document. Also wording has been 
added based on previous Board action and public comment that allows for 
the Office of Subsistence Management to issue permit renewals for the 
taking of a limited number of fish or wildlife for educational or 
cultural purposes.

Kotzebue Fishery Management Area

    The Board adopted two proposals affecting residents of the Kotzebue 
Fishery Management Area resulting in the following changes to the 
regulations found in Sec. ______.27.
     Deleted a subsistence closure for char at the mouth of the 
Kelly River.
     Revised the regulations relative to blocking a stream with 
a net for the taking of whitefish and pike.

Yukon-Northern Fishery Management Area

    The Board adopted four proposals affecting residents of the Yukon-
Northern Fishery Management Area resulting in the following changes to 
the regulations found in Sec. ______.27.
    Deleted a restriction on subsistence fishermen who also fish 
commercially.
     Deleted a requirement for a non-salmon harvest permit on 
the Tanana River.
     Revised where a permit is required for whitefish and 
suckers on Birch Creek.
     Restricted the targeting of chinook salmon for dog food in 
the Yukon River drainage.

Kuskokwim Fishery Management Area

    The Board adopted one proposal affecting residents of the Kuskokwim 
Fishery Management Area resulting in the following change to the 
regulations found in Sec. ______.27.
     Revised the regulations relating to the taking of trout by 
certain villages.

Bristol Bay Fishery Management Area

    The Board adopted one proposal affecting residents of the Bristol 
Bay Fishery Management Area resulting in the following change to the 
regulations found in Sec. ______.27.
     Revised the regulations relating to the marking of 
subsistence-caught coho salmon.

Prince William Sound Fishery Management Area

    The Board adopted four proposals affecting residents of the Prince 
William Sound Fishery Management Area resulting in the following 
changes to the regulations found in Sec. ______.24 and in 
Sec. ______.27.
     Established a customary and traditional use determination 
in the Chitina Subdistrict.
     Opened the salmon season earlier in the Glennallen 
Subdistrict.
     Revised the season and harvest limits for the Batzulnetas 
fishery.
     Revised the customary and traditional use determination 
for the Upper Copper River and the Batzulnetas areas.

Yakutat Fishery Management Area

    The Board adopted one proposal affecting residents of the Yakutat 
Fishery Management Area resulting in the following change to the 
regulations found in Sec. ______.24.

[[Page 10144]]

     Revised the customary and traditional use determination 
for the Yakutat Fishery Management Area.

Southeastern Alaska Fishery Management Area

    The Board adopted nine proposals affecting residents of the 
Southeastern Alaska Fishery Management Area resulting in the following 
changes to the regulations found in Sec. ______.24 and in 
Sec. ______.27.
     Revised the customary and traditional use determination 
for the Southeastern Alaska Fishery Management Area.
     Revised harvest limits for trout and Dolly Varden 
throughout the Southeastern Alaska Fishery Management Area and 
established a harvest limit and methods of take for steelhead trout on 
Prince of Wales Island.
     Revised the harvest limit for sockeye salmon in a number 
of areas.
     Closed three drainages to the non-subsistence harvest of 
sockeye salmon.
     Provided for the harvest of coho salmon in a portion of 
the Southeastern Alaska Fishery Management Area.
     Closed a portion of a river system to the use of nets.

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 Federal Subsistence Board and the 
Department of the Interior's Subsistence Policy Group, the Secretary of 
the Interior, with the concurrence of the Secretary of Agriculture, 
through the U.S. Department of Agriculture--Forest Service, decided 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.

Compliance with Section 810 of ANILCA

    The intent of all Federal subsistence regulations is to accord 
subsistence uses of fish and wildlife on public lands a priority over 
the taking of fish and wildlife on such lands for other purposes, 
unless restriction is necessary to conserve healthy fish and wildlife 
populations. A section 810 analysis was completed as part of the FEIS 
process. The final section 810 analysis determination appeared in the 
April 6, 1992, ROD, which concluded that the Federal Subsistence 
Management Program, under Alternative IV with an annual process for 
setting hunting and fishing regulations, may have some local impacts on 
subsistence uses, but the program is not likely to significantly 
restrict 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 July 31, 2003. The information collection 
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 will be achieved through the use of 
the Federal Subsistence Harvest Permit Application. This collection of 
information will establish whether the applicant qualifies to 
participate in a Federal subsistence fishery on public lands 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 and 
wildlife 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 5,000, yielding a total annual reporting 
and recordkeeping burden of 1,250 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 222 ARLSQ, Washington, DC 20240. 
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.
    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 tackle, boat, 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,

[[Page 10145]]

we estimate that 24 million pounds of fish (including 8.3 million 
pounds of 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 Statewide.
    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 full management authority over fish and wildlife resources 
on Federal lands.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), 512 DM 2, and E.O. 13175, 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.

Drafting Information

    William Knauer drafted these regulations under the guidance of 
Thomas H. Boyd, of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Curt Wilson, Alaska State Office, Bureau of Land Management; Rod 
Simmons, Alaska Regional Office, U.S. Fish and Wildlife Service; Bob 
Gerhard, Alaska Regional Office, National Park Service; Ida Hildebrand, 
Alaska Regional Office, Bureau of Indian Affairs; and Ken Thompson, 
USDA-Forest Service, provided additional guidance.

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 Federal Subsistence 
Board amends Title 36, part 242, and Title 50, part 100, of the Code of 
Federal Regulations, as set forth below.

PART______--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

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

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

Subpart C--Board Determinations

    2. In Subpart C of 36 CFR part 242 and 50 CFR part 100, 
Sec. ______.24(a)(2) is revised 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 Area........  All fish.....................  Residents of the Norton Sound-Port
                                                                          Clarence Area.
Yukon-Northern Area:
    Yukon River drainage................  Salmon, other than Yukon       Residents of the Yukon Area, including
                                           River Fall Chum salmon.        the community of Stebbins.
    Yukon River drainage................  Yukon River Fall chum salmon.  Residents of the Yukon River drainage,
                                                                          including the communities of Stebbins,
                                                                          Scammon Bay, Hooper Bay, and Chevak.
    Yukon River drainage................  Freshwater fish species        Residents of the Yukon Northern Area.
                                           (other than salmon),
                                           including sheefish,
                                           whitefish, lamprey, burbot,
                                           sucker, grayling, pike,
                                           char, and blackfish.
    Remainder of the Yukon-Northern Area  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.
                                          Pacific cod..................  Residents of the communities of Chevak,
                                                                          Newtok, Tununak, Toksook Bay,
                                                                          Nightmute, Chefornak, Kipnuk,
                                                                          Mekoryuk, Kwigillingok, Kongiganak,
                                                                          Eek, and Tuntutuliak.
                                          All other fish other than      Residents of the Kuskokwim Area, except
                                           herring.                       those persons residing on the United
                                                                          States military installation located
                                                                          on Cape Newenham, Sparevohn USAFB, and
                                                                          Tatalina USAFB.

[[Page 10146]]

 
Waters around Nunivak Island............  Herring and herring roe......  Residents within 20 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 District, including          Salmon and freshwater fish...  Residents of the Nushagak District and
     drainages flowing into the district.                                 freshwater drainages flowing into the
                                                                          district.
    Naknek-Kvichak District--Naknek       Salmon and other freshwater    Residents of the Naknek and Kvichak
     River drainage.                       fish.                          River drainages.
    Naknek-Kvichak District--Iliamna-     Salmon and other freshwater    Residents of the Iliamna-Lake Clark
     Lake Clark drainage.                  fish.                          drainage.
    Togiak District, including drainages  Salmon and other freshwater    Residents of the Togiak District,
     flowing into the district.            fish.                          freshwater drainage flowing into the
                                                                          district, and the other community of
                                                                          Manokotak.
    Togiak District.....................  Herring spawn on kelp........  Residents of the Togiak District.
    Remainder of the Bristol Bay Area...  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 the Alaska   Residents of the Alaska Peninsula Area.
                                           Peninsula Area.
Chignik Area............................  Halibut, salmon and fish       Residents of the Chignik Area.
                                           other than steelhead and
                                           rainbow trout.
Kodiak Area--except the Mainland          Salmon.......................  Residents of the Kodiak Island Borough,
 District, all waters along the south                                     except those residing on the Kodiak
 side of the Alaska Peninsula bounded by                                  Coast Guard Base.
 the latitude of Cape Douglas (58
 deg.52' North latitude) midstream
 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 steelhead and  Residents of the Kodiak Area.
                                           rainbow trout and salmon.
Cook Inlet Area.........................  Fish other than salmon, Dolly  Residents of the Cook Inlet Area.
                                           Varden, trout, char,
                                           grayling, and burbot.
Prince William Sound Area:
    South-Western District and Green      Salmon.......................  Residents of the Southwestern District
     Island.                                                              which is mainland waters from the
                                                                          outer point on the north shore of
                                                                          Granite Bay to Cape Fairfield, and
                                                                          Knight Island, Chenega Island,
                                                                          Bainbridge Island, Evans Island,
                                                                          Elrington Island, Latouche Island and
                                                                          adjacent islands.
    North of a line from Porcupine Point  Salmon.......................  Residents of the Village of Tatitlek
     to Granite Point, and south of a                                     and Ellamar.
     line from Point Lowe to Tongue
     Point.
    Chitinia Subdistrict of the Upper     Salmon.......................  Residents of Chitina, Cantwell,
     Copper River District.                                               Chistochina, Copper Center, Gakona,
                                                                          Gulkana, Mentasta Lake, and Tazlina.
    Glennallen Subdistrict of the Upper   Salmon.......................  Residents of the Prince William Sound
     Copper River District.                                               Area and residents of Healy Lake, Dot
                                                                          Lake, Northway, Tanacross, Tetlin, Tok
                                                                          and those individuals living along the
                                                                          Alaska Highway from the Alaskan/
                                                                          Canadian border to Dot Lake, along the
                                                                          Tok Cutoff from Tok to Mentasta Pass,
                                                                          and along the Nabesna Road.
    Waters of the Copper River between    Salmon.......................  Residents of Mentasta Lake and Dot
     National Park Service regulatory                                     Lake.
     makers located near the mouth of
     Tanada Creek, and in Tanada Creek
     between National Park Servcie
     regulatory markers identifying the
     open waters of the creek.
    Prince William Sound Area--remainder  Salmon.......................  Residents of the Prince William Sound
                                                                          Area.
Yakutat Area:
    Freshwater upstream from the          Salmon.......................  Residents of the area east of Yakutat
     terminus of of streams and rivers                                    Bay, including the islands within
     of the Yakutat Area from the Doame                                   Yakutat Bay, west the Situk River
     River to the Tsiu River.                                             drainage, and south of and including
                                                                          Knight Island.
    Freshwater upstream from the          Dolly Varden, steelhead        Residents of the area east of Yakutat
     terminus of streams and rivers of     trout, and smelt.              Bay, including the islands within
     the Yakutat Area from the Doame                                      Yakutat Bay, west of the Situk River
     River to Point Manby.                                                drainage, and south of and including
                                                                          Knight Island.
    Remainder of the Yakutat Area.......  Dolly Varden, trouth, smelt    Residents of Southeastern Alaska and
                                           and eulachon.                  Yakutat Area.

[[Page 10147]]

 
Southeastern Alaska Area:
    District 1--Section 1-E in waters of  Salmon, Dolly Varden, trout,   Resdents of the City of Saxman.
     the Naha River and Roosevelt Lagoon.  smelt and eulachon.
    District 1--Section 1-F in Boca de    Salmon, Dolly Varden, trout,   Residents of the City of Saxman.
     Quadra in waters of Sockeye Creek     smelt and eulachon.
     and Hugh Smith Lake within 500
     yards of the terminus of Sockeye
     Creek.
    District 2--North of the latitude of  Salmon, Dolly Varden, trout,   Residents of the City of kasaan and in
     the northern-most tip of Chasina      smelt and eulachon.            the drainage of the southeastern shore
     Point and west of a line from the                                    of the Kasaan Peninsula west of 132
     northern-most tip of Chasina Point                                   deg.20' W. long. and east of 132
     to the eastern-most tip of Grindall                                  deg.25' W. long.
     Island to the eastern-most tip of
     the Kasaan Peninsula.
    District 3--Section 3-A.............  Salmon, Dolly Varden, trout,   Residents of the townsite of Hydaburg.
                                           smelt and eulachon.
    District 3--Section A...............  Halibut and bottomfish.......  Residents of Southeast Area.
    District 3-Section 3-B in waters      Salmon, Dolly Varden, trout,   Residents of the City of Klawock and on
     east of a line from Point Idefonso    smelt and eulachon.            Prince of Wales Island within the
     to Tranquil Point.                                                   boundaries of the Klawock Heenya
                                                                          Corporation land holdings they existed
                                                                          in January 1989, and those residents
                                                                          of the City of Craig and on Prince
                                                                          Wales Island within the boundaries of
                                                                          the Shan Seet Corporation land
                                                                          holdings as they existed in January
                                                                          1989.
    District 3--Section 3-C in waters of  Salmon, Dolly Varden trout,    Residents of the City of Klawock and on
     Sarkar lakes.                         smelt and eulachon.            Prince of Wales Island within the
                                                                          boundaries of the Klawock Heenya
                                                                          Corporation land holdings as they
                                                                          existed in January 1989, and those
                                                                          residents of the City of Craig and on
                                                                          Prince of Wales Island within the
                                                                          boundaries of the Shan Seet
                                                                          Corporation land holdings as they
                                                                          existed in January 1989.
    District 5--North of a line from      Salmon, Dolly Varden, trout,   Residents of the City of Kake and in
     Point Barrier to 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 Varden, trout,   Residents of the 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 north of the  Salmon, Dolly Varden, trout,   Residents of the City of Kake and in
     latitude of Swain Point.              smelt and eulachon.            Kupreanof Island drainages emptying
                                                                          into Keku Strait south of Point White
                                                                          and north of the Portage eulachon Bay
                                                                          boat harbor.
    District 10--West of a line from      Salmon, Dolly Varden, trout,   Residents of the City of Kake and in
     Pinta Point to False 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 from     Salmon, Dolly Varden, trout,   Residents of the City of Angoon and
     Fishery Point to south Passage        smelt and eulachon.            along the western shore of Admiralty
     Point and north of the latitude of                                   Island north of the latitude of Sand
     Point Caution.                                                       Island, south of the latitude of
                                                                          Thayer Creek, and west of 134 deg.30'
                                                                          W. long., including Killisnoo Island.
    District 13--Section 13-A south of    Salmon, Dolly Varden, trout,   Residents of the City and Borough of
     the latitude 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 north of    Salmon, Dolly Varden, trout,   Residents of the City and Borough of
     the latitude of Redfish Cape.         smelt and eulachon.            Sitka drainages which empty into
                                                                          Section 13-B north of the latitude of
                                                                          Dorothy Narrows.
    District 13--Section 13-C...........  Salmon, Dolly Varden, trout,   Residents of the City and Borough of
                                           smelt and eulachon.            Sitka in north of the Varden,
                                                                          drainages which empty into Section 13-
                                                                          B north latitude of trout, of the
                                                                          latitude of Dorothy Narrows.
    District 13--Section 13-C east of     Salmon, Dolly Varden, trout,   Residents of the City of Angoon and
     the longitude of 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 and 14-C..  Salmon, Dolly Varden, trout,   Residents of the City of Hoonah and in
                                           smelt and eulachon.            Chichagof Island drainages on the
                                                                          eastern shore of Port Frederick from
                                                                          Gartina Creek to Point Sophia.
Southeastern Alaska Area--Remainder.....  Dolly Varden, trout, smelt     Residents of Southeastern Alaska and
                                           and eulachon.                  Yakutat Areas.
----------------------------------------------------------------------------------------------------------------


[[Page 10148]]

* * * * *

Subpart D--Subsistence Taking of Fish and Wildlife

    3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, 
Sec. ______.25(c) is revised effective March 1, 2001, through June 30, 
2001, to read as follows:


Sec. ________.25  Subsistence taking of wildlife.

* * * * *
    (c) Possession and transportation of wildlife. (1) Except as 
specified in paragraph (c)(3)(ii), (c)(4), or (c)(5) of this section, 
or as otherwise provided, you may not take a species of wildlife in any 
Unit, or portion of a Unit, if your total take of that species already 
obtained anywhere in the State under Federal and State regulations 
equals or exceeds the harvest limit in that Unit.
    (2) An animal taken under Federal or State regulations by any 
member of a community with an established community harvest limit for 
that species counts toward the community harvest limit for that 
species. Except for wildlife taken pursuant to Sec. ______.6(f)(3), or 
as otherwise provided for by this Part, an animal taken as part of a 
community harvest limit counts toward every community member's harvest 
limit for that species taken under Federal or State of Alaska 
regulations.
    (3) Harvest limits. (i) Harvest limits, including those related to 
ceremonial uses, authorized by this section and harvest limits 
established in State regulations may not be accumulated.
    (ii) Wildlife taken by a designated hunter for another person 
pursuant to Sec. ______.6(f)(2), counts toward the individual harvest 
limit of the person for whom the wildlife is taken.
    (4) The U.S. Fish and Wildlife Service, Office of Subsistence 
Management may issue a permit to harvest wildlife for a qualifying 
cultural/educational program to an organization that has been granted a 
Federal subsistence permit for a similar event within the previous five 
years. A qualifying program must have instructors, enrolled students, 
minimum attendance requirements, and standards for successful 
completion of the course. Applications must be submitted to the Office 
of Subsistence Management 60 days prior to the earliest desired date of 
harvest. Permits will be issued for no more than one large mammal per 
culture/education camp. Large mammal species allowed to be harvested 
are limited to deer, moose, caribou, black bear, and mountain goat. Any 
animals harvested will count against any established Federal harvest 
quota for the area in which harvested. Appeal of a rejected request can 
be made to the Federal Subsistence Board. Application for an initial 
permit for a qualifying cultural/educational program, for a permit when 
the circumstances have changed significantly, when no permit has been 
issued within the previous five years, or when there is a request for 
harvest in excess of that provided above, will be considered by the 
Federal Subsistence Board.
    (5) The harvest limit specified for a trapping season for a species 
and the harvest limit set for a hunting season for the same species are 
separate and distinct. This means that if you have taken a harvest 
limit for a particular species under a trapping season, you may take 
additional animals under the harvest limit specified for a hunting 
season or vice versa.
    (6) A brown/grizzly bear taken in a Unit or portion of a Unit 
having a harvest limit of one brown/grizzly bear per year counts 
against a one brown/grizzly bear every four regulatory years harvest 
limit in other Units; an individual may not take more than one brown/
grizzly bear in a regulatory year.
    (7) A harvest limit applies to the number of animals that can be 
taken during a regulatory year; however, harvest limits for grouse, 
ptarmigan, and caribou (in some Units) are regulated by the number that 
may be taken per day. Harvest limits of grouse and ptarmigan are also 
regulated by the number that can be held in possession.
    (8) Unless otherwise provided, any person who gives or receives 
wildlife shall furnish, upon a request made by a Federal or State 
agent, a signed statement describing the following: names and addresses 
of persons who gave and received wildlife, the time and place that the 
wildlife was taken, and identification of species transferred. Where a 
qualified subsistence user has designated another qualified subsistence 
user to take wildlife on his or her behalf in accordance with 
Sec. ______.6, the permit shall be furnished in place of a signed 
statement.
    (9) A rural Alaska resident who has been designated to take 
wildlife on behalf of another rural Alaska resident in accordance with 
Sec. ______.6, shall promptly deliver the wildlife to that rural Alaska 
resident.
    (10) You may not possess, transport, give, receive, or barter 
wildlife that was taken in violation of Federal or State statutes or a 
regulation promulgated thereunder.
    (11) Evidence of sex and identity. (i) If subsistence take of Dall 
sheep is restricted to a ram, you may not possess or transport a 
harvested sheep unless both horns accompany the animal.
    (ii) If the subsistence taking of an ungulate, except sheep, is 
restricted to one sex in the local area, you may not possess or 
transport the carcass of an animal taken in that area unless sufficient 
portions of the external sex organs remain attached to indicate 
conclusively the sex of the animal, except in Units 11 and 13 where you 
may possess either sufficient portions of the external sex organs 
(still attached to a portion of the carcass) or the head (with or 
without antlers attached; however, the antler stumps must remain 
attached), to indicate the sex of the harvested moose; however, this 
paragraph (c)(11)(ii) does not apply to the carcass of an ungulate that 
has been butchered and placed in storage or otherwise prepared for 
consumption upon arrival at the location where it is to be consumed.
    (iii) If a moose harvest limit includes an antler size or 
configuration restriction, you may not possess or transport the moose 
carcass or its parts unless both antlers accompany the carcass or its 
parts. If you possess a set of antlers with less than the required 
number of brow tines on one antler, you must leave the antlers 
naturally attached to the unbroken, uncut skull plate; however, this 
paragraph (c)(11)(iii) does not apply to a moose carcass or its parts 
that have been butchered and placed in storage or otherwise prepared 
for consumption after arrival at the place where it is to be stored or 
consumed.
    (12) You must leave all edible meat from caribou and moose 
harvested in Units 9(B), 17, and 19(B) prior to October 1 on the bones 
of the front quarters and hind quarters until you remove the meat from 
the field or process it for human consumption.

    4. In Subpart D of 36 CFR part 242 and 50 CFR part 100, 
Sec. ______.26 is added and reserved and Secs. ______.27 and ______.28 
are added effective March 1, 2001, through February 28, 2002, to read 
as follows:


Sec. ________.26  [Reserved]


Sec. ________.27  Subsistence taking of fish.

    (a) Applicability. (1) Regulations in this section apply to the 
taking of fish or their parts for subsistence uses.
    (2) You may take fish for subsistence uses at any time by any 
method unless you are restricted by the subsistence fishing regulations 
found in this section. The harvest limit specified in this section for 
a subsistence season for a species and the State harvest limit set for 
a State season for the same species are not cumulative. This means that 
if

[[Page 10149]]

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:
    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 1\1/
2\ 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).
    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 5 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.
    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 in one place.
    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 headland to headland across the mouth as the waters flow 
into the sea.
    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.
    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 by means of rod and reel 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.
    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 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 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.
    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. In either case, 
bait or an artificial fly or lure is used as terminal tackle. This 
definition does not include the use of rod and reel gear for snagging.
    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, 
rearing, or for traveling to a spawning or rearing area.
    Set gillnet means a gillnet that has been intentionally set, 
staked, anchored, or otherwise fixed.
    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 5-pound weight.
    Subsistence fishing permit means a permit issued by the Alaska 
Department

[[Page 10150]]

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 (as may be modified by this section), you may use the 
following legal types of gear for subsistence fishing:
    (i) A set gillnet;
    (ii) A drift gillnet;
    (iii) A purse seine;
    (iv) A hand purse seine;
    (v) A beach seine;
    (vi) Troll gear;
    (vii) A fish wheel;
    (viii) A trawl;
    (ix) A pot;
    (x) A longline;
    (xi) A fyke net;
    (xii) A lead;
    (xiii) A herring pound;
    (xiv) A dip net;
    (xv) Jigging gear;
    (xvi) A mechanical jigging machine;
    (xvii) A handline;
    (xviii) A cast net;
    (xix) A rod and reel; and
    (xx) A spear.
    (2) You must include an escape mechanism on all pots used to take 
fish or shellfish. The escape mechanisms are as follows:
    (i) A sidewall, which may include the tunnel, of all shellfish and 
bottomfish pots must contain an opening equal to or exceeding 18 inches 
in length, except that in shrimp pots the opening must be a minimum of 
6 inches in length. The opening must be laced, sewn, or secured 
together by a single length of untreated, 100 percent cotton twine, no 
larger than 30 thread. The cotton twine may be knotted at each end 
only. The opening must be within 6 inches of the bottom of the pot and 
must be parallel with it. The cotton twine may not be tied or looped 
around the web bars. Dungeness crab pots may have the pot lid tie-down 
straps secured to the pot at one end by a single loop of untreated, 100 
percent cotton twine no larger than 60 thread, or the pot lid must be 
secured so that, when the twine degrades, the lid will no longer be 
securely closed;
    (ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish 
and bottomfish pots may, instead of complying with paragraph (c)(2)(i) 
of this section, satisfy the following: a sidewall, which may include 
the tunnel, must contain an opening at least 18 inches in length, 
except that shrimp pots must contain an opening at least 6 inches in 
length. The opening must be laced, sewn, or secured together by a 
single length of treated or untreated twine, no larger than 36 thread. 
A galvanic timed release device, designed to release in no more than 30 
days in salt water, must be integral to the length of twine so that, 
when the device releases, the twine will no longer secure or obstruct 
the opening of the pot. The twine may be knotted only at each end and 
at the attachment points on the galvanic timed release device. The 
opening must be within 6 inches of the bottom of the pot and must be 
parallel with it. The twine may not be tied or looped around the web 
bars.
    (3) For subsistence fishing for salmon, you may not use a gillnet 
exceeding 50 fathoms in length, unless otherwise specified in this 
section. The gillnet web must contain at least 30 filaments of equal 
diameter or at least 6 filaments, each of which must be at least 0.20 
millimeter in diameter.
    (4) Except as otherwise provided for in this section, you may not 
obstruct more than one-half the width of any stream with any gear used 
to take fish for subsistence uses.
    (5) You may not use live non-indigenous fish as bait.
    (6) You must have your first initial, last name, and address 
plainly and legibly inscribed on the side of your fishwheel facing 
midstream of the river.
    (7) You may use kegs or buoys of any color but red on any permitted 
gear.
    (8) You must have your first initial, last name, and address 
plainly and legibly inscribed on each keg, buoy, stakes attached to 
gillnets, stakes identifying gear fished under the ice, and any other 
unattended fishing gear which you use to take fish for subsistence 
uses.
    (9) You may not use explosives or chemicals to take fish for 
subsistence uses.
    (10) You may not take fish for subsistence uses within 300 feet of 
any dam, fish ladder, weir, culvert or other artificial obstruction, 
unless otherwise indicated.
    (11) The limited exchange for cash of subsistence-harvested fish, 
their parts, or their eggs, legally taken under Federal subsistence 
management regulations to support personal and family needs is 
permitted as customary trade, so long as it does not constitute a 
significant commercial enterprise. The Board may recognize regional 
differences and define customary trade differently for separate regions 
of the State.
    (12) Individuals, businesses, or organizations may not purchase 
subsistence-taken fish, their parts, or their eggs for use in, or 
resale to, a significant commercial enterprise.
    (13) Individuals, businesses, or organizations may not receive 
through barter subsistence-taken fish, their parts or their eggs for 
use in, or resale to, a significant commercial enterprise.
    (14) Except as provided elsewhere in this section, you may not take 
rainbow 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 in this part.
    (16) You may not accumulate harvest limits authorized in this 
section or Sec. __.28 with harvest limits authorized under State 
regulations.
    (17) Unless specified otherwise in this section, you may use a rod 
and reel to take fish without a subsistence fishing permit. Harvest 
limits applicable to the use of a rod and reel to take fish for 
subsistence uses shall be as follows:
    (i) If you are required to obtain a subsistence fishing permit for 
an area, that permit is required to take fish for subsistence uses with 
rod and reel in that area. The harvest and possession limits for taking 
fish with a rod and reel in those areas are the same as indicated on 
the permit issued for subsistence fishing with other gear types;
    (ii) Except as otherwise provided for in this section, if you are 
not required to obtain a subsistence fishing permit

[[Page 10151]]

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) The U.S. Fish and Wildlife Service, Office of Subsistence 
Management may issue a permit to harvest fish for a qualifying 
cultural/educational program to an organization that has been granted a 
Federal subsistence permit for a similar event within the previous 5 
years. A qualifying program must have instructors, enrolled students, 
minimum attendance requirements, and standards for successful 
completion of the course. Applications must be submitted to the Office 
of Subsistence Management 60 days prior to the earliest desired date of 
harvest. Permits will be issued for no more than 25 fish per culture/
education camp. Appeal of a rejected request can be made to the Federal 
Subsistence Board. Application for an initial permit for a qualifying 
cultural/educational program, for a permit when the circumstances have 
changed significantly, when no permit has been issued within the 
previous 5 years, or when there is a request for harvest in excess of 
that provided in this paragraph (e)(2), will be considered by the 
Federal Subsistence Board.
    (3) If a subsistence fishing permit is required by this section, 
the following permit conditions apply unless otherwise specified in 
this section:
    (i) You may not take more fish for subsistence use than the limits 
set out in the permit;
    (ii) You must obtain the permit prior to fishing;
    (iii) You must have the permit in your possession and readily 
available for inspection while fishing or transporting subsistence-
taken fish;
    (iv) If specified on the permit, you shall keep accurate daily 
records of the catch, showing the number of fish taken by species, 
location and date of catch, and other such information as may be 
required for management or conservation purposes; and
    (v) If the return of catch information necessary for management and 
conservation purposes is required by a fishing permit and you fail to 
comply with such reporting requirements, you are ineligible to receive 
a subsistence permit for that activity during the following calendar 
year, unless you demonstrate that failure to report was due to loss in 
the mail, accident, sickness, or other unavoidable circumstances.
    (f) Relation to commercial fishing activities. (1) If you are a 
Federally-qualified subsistence user who also commercial fishes, you 
may retain fish for subsistence purposes from your lawfully-taken 
commercial catch.
    (2) When participating in a commercial and subsistence fishery at 
the same time, you may not use an amount of combined fishing gear in 
excess of that allowed under the appropriate commercial fishing 
regulations.
    (g) You may not possess, transport, give, receive, or barter 
subsistence-taken fish or their parts which have been taken contrary to 
Federal law or regulation or State law or regulation (unless superseded 
by regulations in this part).
    (h) [Reserved]
    (i) Fishery management area restrictions. (1) Kotzebue Area. The 
Kotzebue Area includes all waters of Alaska between the latitude of the 
westernmost tip of Point Hope and the latitude of the westernmost tip 
of Cape Prince of Wales, including those waters draining into the 
Chukchi Sea.
    (i) You may take fish for subsistence purposes without a permit.
    (ii) You may take salmon only by gillnets, beach seines, or a rod 
and reel.
    (iii) In the Kotzebue District, you may take sheefish with gillnets 
that are not more than 50 fathoms in length, nor more than 12 meshes in 
depth, nor have a mesh size larger than 7 inches.
    (iv) You may not obstruct more than one-half the width of a stream 
with any gear used to take fish for subsistence uses, except from May 
15 to June 30 and August 15 to October 31 when taking whitefish or pike 
in steams, creeks, or sloughs within the Selawik and Kobuk River 
drainages. Only gillnets 60 feet or less in length with a mesh size 
from 2\1/2\ to 4\1/2\ inches may be used. You must check your net at 
least once in every 24-hour period.
    (2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence 
Area includes all waters of Alaska between the latitude of the 
westernmost tip of Cape Prince of Wales and the latitude of 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 7 days per week 
in the Unalakleet and Shaktoolik River drainages with gillnets which 
have a mesh size that does not exceed 4\1/2\ inches, and with beach 
seines;
    (B) In the Unalakleet River from June 1 through July 15, you may 
take salmon

[[Page 10152]]

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 fish 
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) In District 4, excluding the Koyukuk River drainage;
    (B) In Subdistricts 4-B and 4-C from June 15 through September 30, 
salmon may be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and 
from 6:00 p.m. Wednesday until 6:00 p.m. Friday;
    (C) In District 6, excluding the Kantishna River drainage, salmon 
may be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.
    (iii) During any 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, except for whitefish and suckers, in Birch Creek and waters 
within 500 feet of its mouth.
    (ix) You may not subsistence fish in the following drainages 
located north of the main Yukon River:
    (A) Kanuti River upstream from a point 5 miles downstream of the 
State highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks; and
    (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;
    (C) In Districts 4, 5, and 6, you may not set subsistence fishing 
gear within 200 feet of other operating commercial, personal use, or 
subsistence fishing gear except that, at the site approximately 1 mile 
upstream from Ruby on the south bank of the Yukon River between ADF&G 
regulatory markers containing the area known locally as the ``Slide,'' 
you may set subsistence fishing gear within 200 feet of other operating 
commercial or subsistence fishing gear and in District 4, from Old 
Paradise Village upstream to a point 4 miles upstream from Anvik, there 
is no minimum distance requirement between fish wheels;
    (D) During the commercial salmon fishing season, within the Yukon 
River and the Tanana River below the

[[Page 10153]]

confluence of the Wood River, you may use drift gillnets and fish 
wheels only during open subsistence salmon fishing periods.
    (xviii) In District 4, from September 21 through May 15, you may 
use jigging gear from shore ice.
    (xix) 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 upstream from the 
Steese Highway bridge at Mile 140;
    (D) Only for salmon in the Tanana River drainage above the mouth of 
the Wood River.
    (xx) Only one subsistence fishing permit will be issued to each 
household per year.
    (xxi) 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.
    (xxii) In the Yukon River drainage, chinook (king) salmon are to be 
used primarily for human consumption and not specifically targeted for 
dog food, except that whole fish unfit for human consumption (due to 
disease, deterioration, deformities), scraps, and small fish (jack 
kings 16 inches or less) may be fed to dogs.
    (4) Kuskokwim Area. The Kuskokwim Area consists of all waters of 
Alaska between the latitude of the westernmost point of Naskonat 
Peninsula and the latitude of the southernmost tip of Cape Newenham, 
including the waters of Alaska surrounding Nunivak and St. Matthew 
Islands and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
in the Kuskokwim Area at any time without a subsistence fishing permit.
    (ii) In District 1 and in those waters of the Kuskokwim River 
between Districts 1 and 2, excluding the Kuskokuak Slough, you may not 
take salmon for 16 hours before, during, and for 6 hours after, each 
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 6 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 6 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 6 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 6 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.
    (xiv) The maximum depth of gillnets is as follows:
    (A) Gillnets with 6-inch or smaller mesh may not be more than 45 
meshes in depth;
    (B) Gillnets with greater than 6-inch mesh may not be more than 35 
meshes in depth.
    (xv) You may take halibut only by a single hand-held line with no 
more than two hooks attached to it.
    (xvi) You may not use subsistence set and drift gillnets exceeding 
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You 
may not operate more than one subsistence set or drift gillnet at a 
time in Whitefish Lake in the Ophir Creek drainage. You must check the 
net at least once every 24 hours.
    (xvii) Rainbow trout may be taken by only residents of Goodnews 
Bay, Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak. The 
following restrictions apply:
    (A) You may take rainbow trout only by the use of gillnets, dip 
nets, fyke nets, handline, spear, rod and reel, or jigging through the 
ice;
    (B) You may not use gillnets, dip nets, or fyke nets for targeting 
rainbow trout from March 15--June 15;
    (C) If you take rainbow trout incidentally in other subsistence net 
fisheries and through the ice, you may retain them for subsistence 
purposes;
    (D) There are no harvest limits with handline, spear, rod and reel, 
or jigging.
    (5) Bristol Bay Area. The Bristol Bay Area includes all waters of 
Bristol Bay including drainages enclosed by a line from Cape Newenham 
to Cape Menshikof.
    (i) Unless restricted in this section, or unless under the terms of 
a subsistence fishing permit, you may take fish at any time in the 
Bristol Bay area.
    (ii) In all 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

[[Page 10154]]

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 5 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) In the Togiak River section and the Togiak River drainage, 
you may not possess coho salmon taken under the authority of a 
subsistence fishing permit unless both lobes of the caudal fin (tail) 
or the dorsal fin have been removed.
    (6) Aleutian Islands Area. The Aleutian Islands Area includes all 
waters of Alaska west of the longitude of the tip of Cape Sarichef, 
east of 172 deg. East longitude, and south of 54 deg. 36' North 
latitude.
    (i) You may take fish, other than salmon, 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-Amlia, and Umnak Districts, you may 
take salmon at any time.
    (iv) You may not subsistence fish for salmon in the following 
waters:
    (A) The waters of Unalaska Lake, its tributaries and outlet stream;
    (B) The waters between Unalaska and Amaknak Islands, including 
Margaret's Bay, west of a line from the ``Bishop's House'' at 53 deg. 
52.64' N. lat., 166 deg. 32.30' W. long. to a point on Amaknak Island 
at 53 deg. 52.82' N. lat., 166 deg. 32.13' W. long., and north of line 
from a point south of Agnes Beach at 53 deg. 52.28' N. lat., 166 deg. 
32.68' W. long. to a point at 53 deg. 52.35' N. lat., 166 deg. 32.95' 
W. long. on Amaknak Island;
    (C) Within Unalaska Bay south of a line from the northern tip of 
Cape Cheerful to the northern tip of Kalekta Point, waters within 250 
yards of any anadromous stream, except the outlet stream of Unalaska 
Lake, which is closed under paragraph (i)(6)(iv)(A) of this section;
    (D) The waters of Summers and Morris Lakes and their tributaries 
and outlet streams;
    (E) All streams supporting anadromous fish runs that flow into 
Unalaska Bay south of a line from the northern tip of Cape Cheerful to 
the northern tip of Kalekta Point;
    (F) Waters of McLees Lake and its tributaries and outlet stream;
    (G) Waters in Reese Bay from July 1 through July 9, within 500 
yards of the outlet stream terminus to McLees Lake;
    (H) All freshwater on Adak Island and Kagalaska Island in the Adak 
District.
    (v) You may take salmon by seine and gillnet, or with gear 
specified on a subsistence fishing permit.
    (vi) In the Unalaska District, if you fish with a net, you must be 
physically present at the net at all times when the net is being used.
    (vii) You may take fish other than salmon by gear listed in this 
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take salmon, trout, and char only under the terms of 
a subsistence fishing permit, except that you do not need a permit in 
the Akutan, Umnak, and Atka-Amlia Islands Districts.
    (ix) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on the subsistence fishing permit, except 
that in the Unalaska and Adak Districts, you may take no more than 25 
salmon plus an additional 25 salmon for each member of your household 
listed on the permit. You may obtain an additional permit.
    (x) You must keep a record on the reverse side of the permit of 
subsistence-caught fish. You must complete the record immediately upon 
taking subsistence-caught fish and must return it no later than October 
31.
    (xi) The daily bag limit for halibut is two fish, and the 
possession limit is two daily bag limits. You may not possess sport-
taken and subsistence-taken halibut on the same day.
    (7) Alaska Peninsula Area. The Alaska Peninsula Area includes all 
Pacific Ocean waters of Alaska between a line extending southeast 
(135 deg.) from the tip of Kupreanof Point and the longitude of the tip 
of Cape Sarichef, and all Bering Sea waters of Alaska east of the 
longitude of the tip of Cape Sarichef and south of the latitude of the 
tip of Cape Menshikof.
    (i) You may take fish, other than salmon, 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

[[Page 10155]]

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 bag limit for halibut is two fish and the possession 
limit is two daily bag 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 your permit of subsistence-caught 
fish. You must complete the record immediately upon taking subsistence-
caught fish and must return it no later than October 31.
    (v) If you hold a commercial fishing license, you may not 
subsistence fish for salmon from 48 hours before the first 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 bag limit for halibut is two fish, and the possession 
limit is two daily bag 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. The use of 
skiffs from any type of vessel is allowed;
    (B) From June 1 through September 15, you may use purse seine 
vessels to take salmon only with gillnets, and you may have no other 
type of salmon gear on board the vessel.
    (iii) You may not subsistence fish for salmon in the following 
locations:
    (A) Womens Bay closed waters--all waters inside a line from the tip 
of the Nyman Peninsula (57 deg.43.23' N. lat., 152 deg.31.51' W long.), 
to the northeastern tip of Mary's Island (57 deg.42.40' N. lat., 
152 deg.32.00' W. long.), to the southeastern shore of Womens Bay at 
57 deg.41.95' N. lat., 152 deg.31.50' W. long.;
    (B) Buskin River closed waters--all waters inside of a line running 
from a marker on the bluff north of the mouth of the Buskin River at 
approximately 57 deg.45.80' N. lat, 152 deg.28.38' W. long., to a point 
offshore at 57 deg.45.35' N. lat, 152 deg.28.15' W. long., to a marker 
located onshore south of the river mouth at approximately 57 deg.45.15' 
N. lat., 152 deg.28.65' W. long.;
    (C) All waters closed to commercial salmon fishing within 100 yards 
of the terminus of Selief Bay Creek;
    (D) In Afognak Bay north and west of a line from the tip of Last 
Point to the tip of River Mouth Point;
    (E) From August 15 through September 30, all waters 500 yards 
seaward of the terminus of Little Kitoi Creek;
    (F) All freshwater systems of Afognak Island.
    (iv) You must have a subsistence fishing permit for taking salmon, 
trout, and char for subsistence purposes. You must have a subsistence 
fishing permit for taking herring and bottomfish for subsistence 
purposes during the commercial herring sac roe season from April 15 
through June 30.
    (v) With a subsistence salmon fishing permit you may take 25 salmon 
plus an additional 25 salmon for each member of your household whose 
names are listed on the permit. You may obtain an additional permit if 
you can show that more fish are needed.
    (vi) You must record on your subsistence permit the number of 
subsistence fish taken. You must complete the record immediately upon 
landing subsistence-caught fish, and must return it by February 1 of 
the year following the year the permit was issued.
    (vii) You may take fish other than salmon and halibut by gear 
listed in this part unless restricted under the terms of a subsistence 
fishing permit.
    (viii) You may take salmon only by gillnet, rod and reel, or seine.
    (ix) You must be physically present at the net when the net is 
being fished.
    (x) You may take halibut only by a single hand-held line with not 
more than two hooks attached to it.
    (xi) The daily bag limit for halibut is two fish, and the 
possession limit is two daily bag 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

[[Page 10156]]

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 take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit (as may be modified by this section).
    (iv) You may only take smelt with dip nets or gillnets in fresh 
water from April 1 through June 15. You may not use a gillnet exceeding 
20 feet in length and 2 inches in mesh size. You must attend the net at 
all times when it is being used. There are no harvest or possession 
limits for smelt.
    (v) Gillnets may not be used in freshwater, except for the taking 
of whitefish in the Tyone River drainage or for the taking of smelt.
    (11) Prince William Sound Area. The Prince William Sound Area 
includes all waters of Alaska between the longitude of Cape Fairfield 
and the longitude of Cape Suckling.
    (i) Unless restricted in this section or unless restricted under 
the terms of a subsistence fishing permit, you may take fish, other 
than rainbow 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 May 15 through September 
30;
    (B) You may not take salmon in the Chitina Subdistrict.
    (iii) You may take salmon in the vicinity of the former Native 
village of Batzulnetas only under the authority of a Batzulnetas 
subsistence salmon fishing permit available from the National Park 
Service under the following conditions:
    (A) You may take salmon only in those waters of the Copper River 
between National Park Service regulatory markers located near the mouth 
of Tanada Creek and approximately one-half mile downstream from that 
mouth and in Tanada Creek between National Park Service regulatory 
markers identifying the open waters of the creek;
    (B) You may use only fish wheels, dip nets, and rod and reel on the 
Copper River and only dip nets, spears, and rod and reel in Tanada 
Creek;
    (C) You may take salmon only from May 15 through September 30 or 
until the season is closed by special action;
    (D) You may retain chinook salmon taken in a fishwheel in the 
Copper River. You may not take chinook salmon in Tanada Creek;
    (E) You must return the permit to the National Park Service no 
later than October 15.
    (iv) You may take salmon for subsistence purposes with no 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 4 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 2 days before the 
commercial opening of the Southwestern District, 7 days per week; 
during the commercial salmon fishing season, only during open 
commercial salmon fishing periods; and from 2 days following the 
closure of the commercial salmon season until September 30, 7 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 4 inches, or gillnets up to 150 
fathoms in length with a maximum mesh size of 6\1/4\ inches, except 
that you may only take pink salmon in fresh water using dip nets;
    (B) You may take salmon only from May 15 until 2 days before the 
commercial opening of the Eastern District, 7 days per week during the 
commercial salmon fishing season, only during open commercial salmon 
fishing periods; and from 2 days following the closure of the 
commercial salmon season until October 31, 7 days per week;
    (C) You may not fish within the closed water 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 only take salmon in the waters of the Upper Copper 
River District, or in the vicinity of the Native Village of 
Batzulnetas.
    (viii) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit.
    (ix) In the Glennallen Subdistrict, you may take salmon only by 
fish wheels, rod and reel, or dip nets.
    (x) You may not rent, lease, or otherwise use your fish wheel used 
for subsistence fishing for personal gain. You must register your fish 
wheel with ADF&G. Your registration number and name and address must be 
permanently affixed and plainly visible on the fish wheel when the fish 
wheel is in the water; only the current year's registration number may 
be affixed to the fish wheel; you must remove any other registration 
number from the fish wheel. You must remove the fish wheel from the 
water at the end of the permit period. You may operate only one fish 
wheel at any one time. You may not set or operate a fish wheel within 
75 feet of another fish wheel. No fish wheel may have more than two 
baskets. A wood or metal plate at least 12 inches high by 12 inches 
wide, bearing your name and address in letters and numerals at least 1 
inch high, must be attached to each fish wheel so that the name and 
address are plainly visible.
    (xi) You must personally operate the fish wheel or dip net. You may 
not loan or transfer a subsistence fish wheel or dip net permit except 
as permitted.
    (xii) Except as provided in this section, you may take fish other 
than salmon and freshwater fish species for subsistence purposes 
without a subsistence fishing permit.
    (xiii) You may take salmon and freshwater fish species only under 
authority of a subsistence fishing permit.
    (xiv) Only one subsistence fishing permit will be issued to each 
household per year.
    (xv) 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) You must return your permit no later than October 31, or you 
may be denied a permit for the following year;
    (C) A fish wheel may be operated only by one permit holder at one 
time; that permit holder must have the fish wheel marked as required by 
this section and during fishing operations;
    (D) Only the permit holder and the authorized member of the 
household listed on the subsistence permit may take salmon;
    (E) A permit holder must record on ADF&G forms all salmon taken 
immediately after landing the salmon.
    (xvi) The total annual possession limit for an Upper Copper River 
District

[[Page 10157]]

subsistence salmon fishing permit is as follows:
    (A) For a household with 1 person, 30 salmon, of which no more than 
5 may be chinook salmon if taken by dip net;
    (B) For a household with 2 persons, 60 salmon, of which no more 
than 5 may be chinook salmon if taken by dip net; plus 10 salmon for 
each additional person in a household over 2 persons, except that the 
household's limit for chinook salmon taken by dip net does not 
increase;
    (C) Upon request, permits for additional salmon will be issued for 
no more than a total of 200 salmon for a permit issued to a household 
with 1 person, of which no more than 5 may be chinook salmon if taken 
by dip net; or no more than a total of 500 salmon for a permit issued 
to a household with 2 or more persons, of which no more than 5 may be 
chinook salmon if taken by dip net.
    (xvii) A subsistence fishing permit may be issued to a village 
council, or other similarly qualified organization whose members 
operate fish wheels for subsistence purposes in the Upper Copper River 
District, to operate fish wheels on behalf of members of its village or 
organization. A permit may only be issued following approval by ADF&G 
of a harvest assessment plan to be administered by the permitted 
council or organization. The harvest assessment plan must include: 
provisions for recording daily catches for each fish wheel; sample data 
collection forms; location and number of fish wheels; the full legal 
name of the individual responsible for the lawful operation of each 
fish wheel; and other information determined to be necessary for 
effective resource management. The following additional provisions 
apply to subsistence fishing permits issued under this paragraph 
(i)(11)(xvii):
    (A) The permit will list all households and household members for 
whom the fish wheel is being operated;
    (B) The allowable harvest may not exceed the combined seasonal 
limits for the households listed on the permit; the permittee will 
notify the 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.
    (xviii) 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.
    (xix) 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 1 person;
    (B) 30 salmon for a household of 2 persons and 10 salmon for each 
additional person in a household;
    (C) No more than five king salmon may be taken per permit.
    (12) Yakutat Area. The Yakutat Area includes all waters of Alaska 
between the longitude of Cape Suckling and the longitude of Cape 
Fairweather.
    (i) Unless restricted in this section or unless restricted under 
the terms of a subsistence fishing permit, you may take fish at any 
time in the Yakutat Area.
    (ii) You may not take salmon during the period commencing 48 hours 
before an opening of commercial salmon net fishing season until 48 
hours after the closure. This applies to each river or bay fishery 
individually.
    (iii) When the length of the weekly 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, trout (other than steelhead,) and char 
only under authority of a subsistence fishing permit. You may only take 
steelhead trout in the Situk and Ahrnklin Rivers and only under 
authority of a subsistence fishing permit.
    (v) If you take salmon, trout, or char incidentally by gear 
operated under the terms of a subsistence permit for salmon, you may 
retain them for subsistence purposes. You must report any salmon, 
trout, or char taken in this manner on your permit calendar.
    (vi) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit.
    (vii) In the Situk River, each subsistence salmon fishing permit 
holder shall attend his or her gill net at all times when it is being 
used to take salmon.
    (viii) You may block up to two-thirds of a stream with a gillnet or 
seine used for subsistence fishing.
    (ix) You must remove the dorsal fin from subsistence-caught salmon 
when taken.
    (x) You may not possess subsistence-taken and sport-taken salmon on 
the same day.
    (xi) With a subsistence fishing permit, you may harvest at any time 
up to 10 Dolly Varden with no minimum size.
    (13) Southeastern Alaska Area. The Southeastern Alaska Area 
includes all waters between a line projecting southwest from the 
westernmost tip of Cape Fairweather and Dixon Entrance.
    (i) Unless restricted in this section or under the terms of a 
subsistence fishing permit, you may take fish, other than rainbow trout 
and steelhead trout, in the Southeastern Alaska Area at any time.
    (ii) From July 7 through July 31, you may take sockeye salmon in 
the waters of the Klawock River and Klawock Lake only from 8:00 a.m. 
Monday until 5:00 p.m. Friday.
    (iii) You must possess a subsistence fishing permit to take salmon, 
trout, or char.
    (iv ) You may take steelhead trout on Prince of Wales Island only 
under the terms of a Federal subsistence fishing permit. The annual 
harvest limit is two fish, 36 inches or larger. You may use only a dip 
net or rod and reel with artificial lure or fly. You may not use bait.
    (v) You may take coho salmon in Subdistricts 3(A), (B), and (C) 
only under the terms of a Federal subsistence fishing permit. There is 
no closed season. The daily harvest limit is 20 fish per household. 
Only spears, dip net, and rod and reel may be used. Bait may be used 
only from September 15 through November 15.
    (vi) 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 within the city 
limits 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.
    (x) For the Salmon Bay Lake system, the daily harvest and season 
limit per household is 30 sockeye salmon.
    (xi) For Virginia Lake (Mill Creek), the daily harvest limit per 
household is 20 sockeye salmon, and the season limit per household is 
40 sockeye salmon.
    (xii) For Thoms Creek, the daily harvest limit per household is 20 
sockeye salmon, and the season limit per household is 40 sockeye 
salmon.
    (xiii) The Sarkar River system above the bridge is closed to the 
use of all nets by both Federally-qualified and non-Federally qualified 
users.
    (xiv) Only Federally-qualified subsistence users may harvest 
sockeye

[[Page 10158]]

salmon in streams draining into Falls Lake, Gut Bay, or Pillar Bay. In 
the Falls Lake and Gut Bay drainages, the possession limit is10 sockeye 
salmon per household. In the Pillar Bay drainage, the individual 
possession limit is15 sockeye salmon with a household possession limit 
of 25 sockeye salmon.
    (xv) In Baranof Lake, Florence Lake, Hasselborg Lake and River, 
Mirror Lake, Virginia Lake, and Wilson Lake, in addition to the 
requirement for a subsistence fishing permit, the following 
restrictions for the harvest of Dolly Varden, cutthroat, and rainbow 
trout apply:
    (A) You may harvest at any time up to 10 Dolly Varden of any size;
    (B) You may harvest at any time six cutthroat or rainbow trout in 
combination. You may only retain fish between 11'' and 22''. You may 
only use a rod and reel without bait.
    (xvi) In all waters, other than those identified in paragraph 
(i)(13)(xv) of this section, in addition to the requirement for a 
subsistence fishing permit, you may harvest at any time: Dolly Varden 
of any size with a daily possession limit of 10 fish; cutthroat and 
rainbow trout with a slot size limit of 11'' to 22'' with a daily 
possession limit of 2 fish in combination. You may only use a rod and 
reel without bait.


Sec. ________.28  Subsistence taking of shellfish.

    (a) Regulations in this section apply to subsistence taking of 
Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and 
other shellfish or their parts.
    (b) Definitions. The following definitions shall apply to all 
regulations contained in this section:
    Abalone iron means a flat device which is used for taking abalone 
and which is more than 1 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.
    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).
    Diving gear means any type of hard hat or skin diving equipment, 
including SCUBA equipment; a tethered, umbilical, surface-supplied 
unit; or snorkel.
    Gear means any type of fishing apparatus.
    Grappling hook means a hooked device with flukes or claws, which is 
attached to a line and operated by hand.
    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 shellfish are preserved.
    Household means a person or persons having the same residence.
    Hydraulic clam digger means a device using water or a combination 
of air and water used to harvest clams.
    Mechanical clam digger means a mechanical device used or capable of 
being used for the taking of clams.
    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 shellfish a person or 
designated group may have in possession if the shellfish 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.
    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.
    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 4 feet, 
equipped with projecting prongs used to gather sea urchins.
    Shovel means a hand-operated implement for digging clams.
    Subsistence fishing permit means a permit issued by ADF&G, 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.
    (c) You may take shellfish for subsistence uses at any time in any 
area of the public lands by any method unless restricted by this 
section.
    (d) Methods, means, and general restrictions. (1) The harvest limit 
specified in this section for a subsistence season for a species and 
the State harvest limit set for a State season for the same species are 
not cumulative. This means that if you have taken the harvest limit for 
a particular species under a subsistence season specified in this 
section, you may not, after that, take any additional shellfish of that 
species under any other harvest limit specified for a State season.
    (2) Unless otherwise provided in this section or under terms of a 
required subsistence fishing permit (as may be modified by this 
section), you may use the following legal types of gear to take 
shellfish:
    (i) Abalone iron;
    (ii) Diving gear;
    (iii) A grappling hook;
    (iv) A handline;
    (v) A hydraulic clam digger;
    (vi) A mechanical clam digger;
    (vii) A pot;
    (viii) A ring net;
    (ix) A scallop dredge;
    (x) A sea urchin rake;
    (xi) A shovel; and
    (xii) A trawl.
    (3) You are prohibited from buying or selling subsistence-taken 
shellfish, their parts, or their eggs, unless otherwise specified.
    (4) You may not use explosives and chemicals, except that you may 
use chemical baits or lures to attract shellfish.
    (5) Marking requirements for subsistence shellfish gear are as 
follows:
    (i) You 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. ______.27.

[[Page 10159]]

    (7) You may not mutilate or otherwise disfigure a crab in any 
manner which would prevent determination of the minimum size 
restrictions until the crab has been processed or prepared for 
consumption.
    (e) Taking shellfish by designated harvest permit. (1) Any species 
of shellfish that may be taken by subsistence fishing under this part 
may be taken under a designated harvest permit.
    (2) If you are a Federally-qualified subsistence user 
(beneficiary), you may designate another Federally-qualified 
subsistence user to take shellfish on your behalf. The designated 
fisherman must obtain a designated harvest permit prior to attempting 
to harvest shellfish and must return a completed harvest report. The 
designated fisherman may harvest for any number of beneficiaries but 
may have no more than two harvest limits in his/her possession at any 
one time.
    (3) The designated fisherman must have in possession a valid 
designated harvest permit when taking, attempting to take, or 
transporting shellfish taken under this section, on behalf of a 
beneficiary.
    (4) You may not fish with more than one legal limit of gear as 
established by this section.
    (5) You may not designate more than one person to take or attempt 
to take shellfish on your behalf at one time. You may not personally 
take or attempt to take shellfish at the same time that a designated 
fisherman is taking or attempting to take shellfish on your behalf.
    (f) If a subsistence shellfishing permit is required by this 
section, the following conditions apply unless otherwise specified by 
the subsistence regulations in this section:
    (1) You may not take shellfish for subsistence in excess of the 
limits set out in the permit unless a different limit is specified in 
this section;
    (2) You must obtain a permit prior to subsistence fishing;
    (3) You must have the permit in your possession and readily 
available for inspection while taking or transporting the species for 
which the permit is issued;
    (4) The permit may designate the species and numbers of shellfish 
to be harvested, time and area of fishing, the type and amount of 
fishing gear and other conditions necessary for management or 
conservation purposes;
    (5) If specified on the permit, you 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) You must complete and submit subsistence fishing reports at the 
time specified for each particular area and fishery;
    (7) If the return of catch information necessary for management and 
conservation purposes is required by a subsistence fishing permit and 
you fail to comply with such reporting requirements, you are ineligible 
to receive a subsistence permit for that activity during the following 
calendar year, unless you demonstrate that failure to report was due to 
loss in the mail, accident, sickness, or other unavoidable 
circumstances.
    (g) Subsistence take by commercial vessels. No fishing vessel which 
is commercially licensed and registered for shrimp pot, shrimp trawl, 
king crab, Tanner crab, or Dungeness crab fishing may be used for 
subsistence take during the period starting 14 days before an opening 
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.
    (h) You may not take or possess shellfish smaller than the minimum 
legal size limits.
    (i) Unlawful possession of subsistence shellfish. You may not 
possess, transport, give, receive, or barter shellfish or their parts 
taken in violation of Federal or State regulations.
    (j)(1) An owner, operator, or employee of a lodge, charter vessel, 
or other enterprise that furnishes food, lodging, or guide services may 
not furnish to a client or guest of that enterprise, shellfish that has 
been taken under this chapter, unless:
    (i) The shellfish has been taken with gear deployed and retrieved 
by the client or guest who is a federally-qualified subsistence user;
    (ii) The gear has been marked with the client's or guest's name and 
address; and
    (iii) The shellfish is to be consumed by the client or guest or is 
consumed in the presence of the client or guest.
    (2) The captain and crewmembers of a charter vessel may not deploy, 
set, or retrieve their own gear in a subsistence shellfish fishery when 
that vessel is being chartered.
    (k) Subsistence shellfish areas and pertinent restrictions. (1) 
Southeastern Alaska-Yakutat Area. No marine waters are currently 
identified under Federal subsistence management jurisdiction.
    (2) Prince William Sound Area. No marine waters are currently 
identified under Federal subsistence management jurisdiction.
    (3) Cook Inlet Area. 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 
crabs per person; only male Dungeness crabs with a shell width of 6\1/
2\ inches or greater may be taken or possessed. Taking of Dungeness 
crab is prohibited in water 25 fathoms or more in depth during the 14 
days immediately before the 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 2-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 
Womens Bay, Gibson Cove, and an area defined by a line \1/2\ mile on 
either side of the mouth of the Karluk River, and extending seaward 
3,000 feet, and all waters within 1,500 feet seaward of the shoreline 
of Afognak Island are closed to the harvest of king crab except by 
Federally-qualified subsistence users.
    (v) In the subsistence taking of Tanner crab:
    (A) You may not use more than five crab pots to take Tanner crab;
    (B) You may not take Tanner crab in waters 25 fathoms or greater in 
depth

[[Page 10160]]

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 5\1/2\ 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 
crabs per person; only crabs with a shell width of 5\1/2\ inches or 
greater may be taken or possessed.
    (iii) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crabs per 
person; only crabs with a shell width of 6\1/2\ inches or greater may 
be taken or possessed;
    (B) All crab pots used for subsistence fishing and left in 
saltwater unattended longer than a 2-week period 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 crabs 
per person; only crabs with a shell width of 5\1/2\ inches or greater 
may be taken or possessed.
    (6) Bering Sea Area. (i) In that portion of the area north of the 
latitude of Cape Newenham, shellfish may only be taken by shovel, 
jigging gear, pots, and ring net.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
prior to subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial shrimp fishing district, 
section, or subsection; the permit 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 crabs 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.
    (v) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male Tanner crab.

    Dated: December 19, 2000.
Kenneth E. Thompson,
Acting Regional Forester, USDA-Forest Service.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 01-1953 Filed 2-12-01; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P