[Federal Register Volume 68, Number 29 (Wednesday, February 12, 2003)]
[Rules and Regulations]
[Pages 7276-7293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2396]



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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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Fish and Wildlife Service



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50 CFR Part 100



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

  Federal Register / Vol. 68, No. 29 / Wednesday, February 12, 2003 / 
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-AI09


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C and Subpart D--2003 Subsistence Taking of Fish and Shellfish 
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 fish and shellfish for 
subsistence uses during the 2003 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, Subpart C and Subpart D--2002 Subsistence Taking of Fish and 
Wildlife Regulations,'' which expire on February 28, 2003. This rule 
also amends the Customary and Traditional Use Determinations of the 
Federal Subsistence Board (Section -- .24 of Subpart C).

DATES: Sections -- .24(a)(2) and (3) are effective March 1, 2003. 
Sections -- .27 and -- .28 are effective March 1, 2003, through 
February 29, 2004.

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) 
786-3592.

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 and 242.22 (2002) and 50 CFR 100.11 and 100.22 (2002), 
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 17-18, 
2002.

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; 64 FR 35776, published July 1, 1999; 66 FR 10142, published 
February 13, 2001; and 67 FR 5890, published

[[Page 7277]]

February 7, 2002). During its December 17-18, 2002, 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. We published proposed Subpart D 
regulations for the 2003-04 seasons, harvest limits, and methods and 
means on February 11, 2002, in the Federal Register (67 FR 6334). A 50-
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 33 proposals for changes to 
Customary and Traditional Use Determinations or to Subpart D. This 
number included some proposals deferred from previous years. Subsequent 
to the review period, the Board prepared a booklet describing the 
proposals and distributed it to the public. The public had an 
additional 30 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. Five of the proposals were not 
considered, falling outside the call for proposals. Three proposals and 
part of another were withdrawn before Board consideration. 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 five proposals and part of one other proposal. 
All but one of these rejections were based on recommendations from the 
respective Regional Council. In that other case, the Regional Council 
recommendation to extend jurisdiction into an area of marine waters was 
inconsistent with the authority provided for in ANILCA.
    The Board rejected three proposals requesting revised customary and 
traditional use determinations in the Prince William Sound Area. These 
proposals were rejected because there was inadequate information 
documenting historical use of Federal waters.
    One proposal requested specific regulations for the use of fish 
traps (fyke nets). This proposal was rejected because it would be 
detrimental to the subsistence user and limit the flexibility for 
species management in the area.
    The Board rejected a proposal that would have allowed the use of 
bait for taking coho salmon. This proposal was rejected because there 
is no information that subsistence users are unable to meet their needs 
under the present regulations and there is a concern regarding hooking 
mortality in other species with the use of bait.
    In the case of the partial rejection, the marine area requested for 
regulation is not under jurisdiction of the Federal Subsistence Program 
and the freshwater areas support sockeye salmon populations that are 
sufficient for subsistence and nonsubsistence harvest.
    The Board deferred action on three proposals and part of one other 
in order to assemble additional fisheries data, harvest information, or 
to allow communities or Regional Councils additional time to review the 
issues and provide additional information.

Analysis of Proposals Adopted by the Board

    The Board adopted 11 proposals and part of 1 other proposal. In two 
cases, a number of proposals dealing with the same issue were dealt 
with as a package. Some 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 Web site (http://alaska.fws.gov/asm/home.html). Additional 
technical clarifications and removal of excess materials have been 
made, which result in a more readable document.

Multiple Regions

    The Board adopted two proposals resulting in the following changes 
in the regulations found in Sec.  --.27, which affects residents of 
multiple Regions.
    [sbull] Provided for harvest of fish to be used in traditional 
religious ceremonies as part of a funerary or mortuary cycle.
    [sbull] Provided for the adoption of State Emergency Orders in the 
Yukon and Kuskokwim River drainages.

Yukon-Northern Fishery Management Area

    The Board adopted one proposal affecting residents of the Yukon-
Northern Fishery Management Area resulting in the following changes to 
the regulations found in Sec.  --.27.
    [sbull] Revised the regulations relative to use of rod and reel to 
take salmon during the period closed to net or fishwheel use.

Kuskokwim Fishery Management Area

    The Board adopted one proposal affecting residents of the Kuskokwim 
Fishery Management Area resulting in the following changes to the 
regulations found in Sec.  --.27.
    [sbull] Revised the regulations relative to use of rod and reel to 
take salmon during the period closed to net or fishwheel use in a 
portion of the area.

Bristol Bay Fishery Management Area

    The Board adopted one proposal affecting residents of the Bristol 
Bay Fishery Management Area resulting in the following changes to the 
regulations found in Sec.  --.27.
    [sbull] Established harvest regulations for rainbow trout.

Kodiak Fishery Management Area

    The Board adopted one proposal affecting residents of the Kodiak 
Fishery Management Area resulting in the following changes to the 
regulations found in Sec.  --.28.
    [sbull] Revised the regulations relative to the harvest of king 
crab.

Cook Inlet Fishery Management Area

    The Board adopted parts of three similar proposals affecting 
residents of the Cook Inlet Fishery Management Area resulting in the 
following change to the regulations found in Sec. Sec.  --.24 and 
--.27.
    [sbull] Established a customary and traditional use determination 
in Federal waters for shellfish.
    [sbull] Established subsistence harvest regulations for shellfish.

Prince William Sound Fishery Management Area

    The Board adopted three proposals affecting residents of the Prince 
William Sound Fishery Management Area resulting in the following 
changes to the regulations found in Sec.  --.27.

[[Page 7278]]

    [sbull] Revised the marking and recording requirements for 
subsistence taken salmon and rainbow/steelhead trout.
    [sbull] Allowed the retention of incidentally caught freshwater 
fish in fishwheels.
    [sbull] Established a harvest limit for chinook salmon taken by rod 
and reel.

Southeastern Alaska Fishery Management Area

    The Board considered five proposals relative to steelhead harvest 
on Prince of Wales Island and adopted a modified proposal affecting 
residents of the Southeastern Alaska Fishery Management Area resulting 
in the following changes to the regulations found in Sec.  --.27.
    [sbull] Established harvest limits and methods and means for 
rainbow/steelhead trout on Prince of Wales Island in a winter and a 
spring season.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement (DEIS) 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 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, implemented 
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; amended January 
8, 1999, 64 FR 1276, June 12, 2001, 66 FR 31533, and May 7, 2002, 67 FR 
30559) implemented the Federal Subsistence Management Program and 
included a framework for an annual cycle for subsistence hunting and 
fishing regulations.
    An environmental assessment was prepared in 1997 on the expansion 
of Federal jurisdiction over fisheries and is available by contacting 
the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary 
of the Interior with the concurrence of the Secretary of Agriculture 
determined that the expansion of Federal jurisdiction did not 
constitute a major Federal action, significantly affecting the human 
environment and has, therefore, signed a Finding of No Significant 
Impact.

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 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. On January 16, 2003, we published in 
the Federal Register (68 FR 2347) a notice of our intent to request OMB 
approval of a 3-year renewal of this information collection. 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.

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 economic 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 the effects 
will not be significant.
    In general, the resources harvested under this rule will be 
consumed by the local harvester and do not result in a dollar benefit 
to the economy. However, we estimate that 24 million pounds of fish 
(including 8.3 million pounds of 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 on Civil Justice Reform.

[[Page 7279]]

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. Title VIII of ANILCA precludes the State from 
exercising management authority over 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.
    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, or 
use. This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. As this rule is not a 
significant regulatory action under Executive Order 13211, affecting 
energy supply, distribution, or use, this action is not a significant 
action and no Statement of Energy Effects is required.

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. 
Taylor Brelsford, 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; Dr. Glenn Chen, 
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. Sec.  
--24(a)(2) and (3) are revised to read as follows:


Sec.  --.24  Customary and traditional use determinations.

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

----------------------------------------------------------------------------------------------------------------
                Area                           Species                             Determination
----------------------------------------------------------------------------------------------------------------
KOTZEBUE AREA......................  All fish...................  Residents of the Kotzebue Area.
NORTON SOUND--PORT CLARENCE AREA:
    Norton Sound--Port Clarence      All fish...................  Residents of Stebbins, St. Michael, and
     Area, waters draining into                                    Kotlik.
     Norton Sound between Point
     Romanof and Canal Point.
    Norton Sound-Port Clarence       All fish...................  Residents of the Norton Sound--Port Clarence
     Area, remainder.                                              Area.
YUKON-NORTHERN AREA:
    Yukon River Drainage...........  Salmon, other than fall      Residents of the Yukon River drainage,
                                      chum salmon.                 including the community of Stebbins.
    Yukon River drainage...........  Fall chum salmon...........  Residents of the Yukon River drainage,
                                                                   including the communities of Stebbins,
                                                                   Scammon Bay, Hooper Bay, and Chevak.
    Yukon River drainage...........  Freshwater fish (other than  Residents of the Yukon-Northern Area.
                                      salmon).
    Remainder of the Yukon-Northern  All fish...................  Residents of the Yukon-Northern Area,
     Area.                                                         excluding the residents of the Yukon River
                                                                   drainage and excluding those domiciled in
                                                                   Unit 26-B.
KUSKOKWIM AREA.....................  Salmon.....................  Residents of the Kuskokwim Area, except those
                                                                   persons residing on the United States
                                                                   military 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 those
                                      herring.                     persons residing on the United States
                                                                   military installation located on Cape
                                                                   Newenham, Sparevohn USAFB, and Tatalina
                                                                   USAFB.
Waters around Nunivak Island.......  Herring and herring roe....  Residents within 20 miles of the coast between
                                                                   the westernmost tip of the Naskonat Peninsula
                                                                   and the terminus of the Ishowik River and on
                                                                   Nunivak Island.
BRISTOL BAY AREA:
    Nushagak District, including     Salmon and freshwater fish.  Residents of the Nushagak District and
     drainages flowing into the                                    freshwater drainages flowing into the
     district.                                                     district.
    Naknek-Kvichak District--Naknek  Salmon and freshwater fish.  Residents of the Naknek and Kvichak River
     River drainage.                                               drainages.

[[Page 7280]]

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

[[Page 7281]]

 
    Waters of the Copper River       Salmon.....................  Residents of Mentasta Lake and Dot Lake.
     between National Park Service
     regulatory markers located
     near the mouth of Tanada
     Creek, and in Tanada Creek
     between National Park Service
     regulatory markers identifying
     the open waters of the creek.
    Remainder of the Prince William  Salmon.....................  Residents of the Prince William Sound Area.
     Sound Area.
YAKUTAT AREA:
    Freshwater upstream from the     Salmon.....................  Residents of the area east of Yakutat Bay,
     terminus of streams and rivers                                including the islands within Yakutat Bay,
     of the Yakutat Area from the                                  west of the Situk River drainage, and south
     Doame River to the Tsiu River.                                of and including Knight Island.
    Freshwater upstream from the     Dolly Varden, steelhead      Residents of the area east of Yakutat Bay,
     terminus of streams and rivers   trout, and smelt.            including the islands within Yakutat Bay,
     of the Yakutat Area from the                                  west of the Situk River drainage, and south
     Doame River to Point Manby.                                   of and including Knight Island.
    Remainder of the Yakutat Area..  Dolly Varden, trout, smelt   Residents of Southeastern Alaska and Yakutat
                                      and eulachon.                Areas.
SOUTHEASTERN ALASKA AREA:
    District 1--Section 1-E in       Salmon, Dolly Varden,        Residents of the City of Saxman.
     waters of the Naha River and     trout, smelt and eulachon.
     Roosevelt Lagoon.
    District 1--Section 1-F in Boca  Salmon, Dolly Varden,        Residents of the City of Saxman.
     de Quadra in waters of Sockeye   trout, smelt and eulachon.
     Creek and Hugh Smith Lake
     within 500 yards of the
     terminus of Sockeye Creek.
    District 2--North of the         Salmon, Dolly Varden,        Residents of the City of Kasaan and in the
     latitude of the northern-most    trout, smelt and eulachon.   drainage of the southeastern shore of the
     tip of Chasina Point and west                                 Kasaan Peninsula west of 132[deg] 20' W. long
     of a line from the northern-                                  and east of 132[deg] 25' W. long.
     most tip of Chasina Point to
     the eastern-most tip of
     Grindall Island to the eastern-
     most tip of the Kasaan
     Peninsula.
    District 3--Section 3-A........  Salmon, Dolly Varden,        Residents of the townsite of Hydaburg.
                                      trout, smelt and eulachon.
    District 3--Section A..........  Halibut and bottomfish.....  Residents of Southeast Area.
    District 3--Section 3-B in       Salmon, Dolly Varden,        Residents of the City of Klawock and on Prince
     waters east of a line from       trout, smelt and eulachon.   of Wales Island within the boundaries of the
     Point Ildefonso to Tranquil                                   Klawock Heenya Corporation land holdings as
     Point.                                                        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 3--Section 3-C in       Salmon, Dolly Varden,        Residents of the City of Klawock and on Prince
     waters of Sarkar Lakes.          trout, smelt and eulachon.   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      Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     from Point Barrie to Boulder     trout, smelt and eulachon.   Island drainages emptying into Keku Strait
     Point.                                                        south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 9--Section 9-A........  Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
                                      trout, smelt and eulachon.   Island drainages emptying into Keku Strait
                                                                   south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 9--Section 9-B north    Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     of the latitude of Swain Point.  trout, smelt and eulachon.   Island drainages emptying into Keku Strait
                                                                   south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 10--West of a line      Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     from Pinta Point to False        trout, smelt and eulachon.   Island drainages emptying into Keku Strait
     Point Pybus.                                                  south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 12--South of a line     Salmon, Dolly Varden,        Residents of the City of Angoon and along the
     from Fishery Point to south      trout, smelt and eulachon.   western shore of Admiralty Island north of
     Passage Point and north of the                                the latitude of Sand Island, south of the
     latitude of Point Caution.                                    latitude of Thayer Creek, and west of
                                                                   134[deg] 30' W. long., including Killisnoo
                                                                   Island.

[[Page 7282]]

 
    District 13--Section 13-A south  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
     of the latitude of Cape Edward.  trout, smelt and eulachon.   drainages which empty into Section 13-B north
                                                                   of the latitude of Dorothy Narrows.
    District 13--Section 13-B north  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
     of the latitude of Redfish       trout, smelt and eulachon.   drainages which empty into Section 13-B north
     Cape.                                                         of the latitude of Dorothy Narrows.
    District 13--Section 13-C......  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
                                      trout, smelt and eulachon.   drainages which empty into Section 13-B north
                                                                   of the latitude of Dorothy Narrows.
    District 13--Section 13-C east   Salmon, Dolly Varden,        Residents of the City of Angoon and along the
     of the longitude of Point        trout, smelt and eulachon.   western shore of Admiralty Island north of
     Elizabeth.                                                    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    Salmon, Dolly Varden,        Residents of the City of Hoonah and in
     14-C.                            trout, smelt and eulachon.   Chichagof Island drainages on the eastern
                                                                   shore of Port Frederick from Gartina Creek to
                                                                   Point Sophia.
    Remainder of the Southeastern    Dolly Varden, trout, smelt   Residents of Southeastern Alaska and Yakutat
     Alaska Area.                     and eulachon.                Areas.
----------------------------------------------------------------------------------------------------------------

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

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

* * * * *

    3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, Sec.  --.27 
and Sec.  --.28 are added effective March 1, 2003, through February 29, 
2004, to read as follows:


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 you have taken the harvest limit for a particular species under a 
subsistence season specified in this section, you may not, after that, 
take any additional fish of that species under any other harvest limit 
specified for a State season.
    (b) [Reserved]
    (c) Methods, means, and general restrictions. (1) Unless otherwise 
specified in this section or under terms of a required subsistence 
fishing permit (as may be modified by this section), you may use the 
following legal types of gear for subsistence fishing:
    (i) A set gillnet;
    (ii) A drift gillnet;
    (iii) A purse seine;
    (iv) A hand purse seine;
    (v) A beach seine;
    (vi) Troll gear;
    (vii) A fish wheel;
    (viii) A trawl;
    (ix) A pot;
    (x) A longline;
    (xi) A fyke net;
    (xii) A lead;
    (xiii) A herring pound;
    (xiv) A dip net;
    (xv) Jigging gear;
    (xvi) A mechanical jigging machine;
    (xvii) A handline;
    (xviii) A cast net;
    (xix) A rod and reel; and
    (xx) A spear.

[[Page 7283]]

    (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/steelhead trout.
    (15) You may not use fish taken for subsistence use or under 
subsistence regulations in this part as bait for commercial or sport 
fishing purposes.
    (16) You may not accumulate harvest limits authorized in this 
section or Sec. --.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 for an area, the 
harvest and possession limits for taking fish for subsistence uses with 
a rod and reel are the same as for taking fish under State of Alaska 
subsistence fishing regulations in those same areas. If the State does 
not have a specific subsistence season and/or harvest limit for that 
particular species, the limit shall be the same as for taking fish 
under State of Alaska sport fishing regulations.
    (18) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, you may take fish for 
subsistence uses at any time.
    (19) Provisions on ADF&G subsistence fishing permits that are more 
restrictive or in conflict with the provisions contained in this 
section do not apply to Federal subsistence users.
    (20) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other 
purposes, whitefish, herring, and species for which harvest limits, 
seasons, or other regulatory methods and means are not provided in this 
section, as well as the head, tail, fins, and viscera of legally-taken 
subsistence fish.
    (21) The taking of fish from Federal waters is authorized outside 
of published open seasons or harvest limits if the harvested fish will 
be used for food in traditional or religious ceremonies, that are part 
of funerary or mortuary cycles, including memorial potlatches, provided 
that:
    (i) Prior to attempting to take fish, the person (or designee) or 
Tribal Government organizing the ceremony contacts the appropriate 
Federal fisheries manager to provide the nature of the ceremony, the 
parties and/or clans involved, the species and the number of fish to be 
taken, and the Federal waters from which the harvest will occur;
    (ii) The taking does not violate recognized principles of fisheries 
conservation, and uses the methods and means allowable for the 
particular species published in the applicable Federal regulations (the 
Federal fisheries manager will establish the number, species, or place 
of taking if necessary for conservation purposes);
    (iii) Each person who takes fish under this section must, as soon 
as practical, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal fisheries manager, specifying 
the harvester's name and address, the number and species of fish

[[Page 7284]]

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

[[Page 7285]]

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

[[Page 7286]]

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

[[Page 7287]]

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

[[Page 7288]]

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

[[Page 7289]]

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

[[Page 7290]]

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

[[Page 7291]]

will be determined by the local Federal fisheries manager in 
consultation with ADF&G.
    (B) The spring season is March 1 through May 31, with a harvest 
limit of 5 fish per household. You may use only a dip net, spear, or 
rod and reel with artificial lure or fly. You may not use bait. The 
spring season may be closed prior to May 31 if the harvest quota of 600 
fish minus the number of steelhead harvested in the winter subsistence 
steelhead fishery is reached. You must return your spring season permit 
within 15 days of the close of the season and before receiving another 
permit for a Prince of Wales steelhead subsistence fishery. The permit 
conditions and systems to receive special protection will be determined 
by the local Federal fisheries manager in consultation with ADF&G.
    (v) In the Southeastern Alaska Area, except for sections 3A, 3B, 
and 3C and the Stikine and Taku Rivers, you may take coho salmon in 
Southeast Alaska waters under Federal jurisdiction under the terms of a 
Federal subsistence fishing permit. There is no closed season. The 
daily harvest limit is 20 coho salmon per household, and the annual 
limit is 40 coho salmon per household. Only dipnets, spears, gaffs, and 
rod and reel may be used. Bait may only be used from September 15 
through November 15. You may not retain incidentally caught trout and 
sockeye salmon unless taken by gaff or spear.
    (vi) 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.
    (vii) If you take salmon, trout, or char incidentally with gear 
operated under terms of a subsistence permit for other salmon, they may 
be kept for subsistence purposes. You must report any salmon, trout, or 
char taken in this manner on your permit calendar.
    (viii) No permits for the use of nets will be issued for the salmon 
streams flowing across or adjacent to the road systems within the city 
limits of Petersburg, Wrangell, and Sitka.
    (ix) You shall immediately remove the pelvic fins of all salmon 
when taken.
    (x) You may not possess subsistence-taken and sport-taken salmon on 
the same day.
    (xi) For the Salmon Bay Lake system, the daily harvest and season 
limit per household is 30 sockeye salmon.
    (xii) For Virginia Lake (Mill Creek), the daily harvest limit per 
household is 20 sockeye salmon, and the season limit per household is 
40 sockeye salmon.
    (xiii) For Thoms Creek, the daily harvest limit per household is 20 
sockeye salmon, and the season limit per household is 40 sockeye 
salmon.
    (xiv) The Sarkar River system above the bridge is closed to the use 
of all nets by both Federally-qualified and non-Federally qualified 
users.
    (xv) Only Federally-qualified subsistence users may harvest sockeye 
salmon in streams draining into Falls Lake Bay, Gut Bay, or Pillar Bay. 
In the Falls Lake Bay and Gut Bay drainages, the possession limit is 10 
sockeye salmon per household. In the Pillar Bay drainage, the 
individual possession limit is 15 sockeye salmon with a household 
possession limit of 25 sockeye salmon.
    (xvi) In Baranof Lake, Florence Lake, Hasselborg Lake and River, 
Mirror Lake, Virginia Lake, and Wilson Lake, in addition to the 
requirement for a Federal subsistence fishing permit, the following 
restrictions for the harvest of Dolly Varden, cutthroat, and rainbow 
trout apply:
    (A) You may harvest at any time up to 10 Dolly Varden of any size;
    (B) You may harvest at any time six cutthroat or rainbow trout in 
combination. You may only retain fish between 11'' and 22''. You may 
only use a rod and reel without bait.
    (xvii) In all waters, other than those identified in paragraph 
(i)(13)(xvi) of this section, in addition to the requirement for a 
subsistence fishing permit, you may harvest Dolly Varden and cutthroat 
and rainbow trout in accordance with the seasons and harvest limits 
delineated in the Alaska Administrative Code, 5 AAC 47. You may only 
use a rod and reel without bait unless the use of bait is specifically 
permitted in 5 AAC 47.


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) [Reserved]
    (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(c)(2).
    (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

[[Page 7292]]

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 section, 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. (i) You may take shellfish for subsistence 
purposes only as allowed in this section (k)(3).
    (ii) You may not take king crab, Dungeness crab, or shrimp for 
subsistence purposes.
    (iii) In the subsistence taking of Tanner crab:
    (A) Male Tanner crab may be taken only from July 15 through March 
15;
    (B) The daily harvest and possession limit is 5 male Tanner crab;
    (C) Only male Tanner crabs 5\1/2\ inches or greater in width of 
shell may be taken or possessed;
    (D) No more than 2 pots per person, regardless of type, with a 
maximum of 2 pots per vessel, regardless of type, may be used to take 
Tanner crab.
    (iv) In the subsistence taking of clams:
    (A) The daily harvest and possession limit for littleneck clams is 
1,000 and the minimum size is 1.5 inches in length;
    (B) The daily harvest and possession limit for butter clams is 700 
and the minimum size is 2.5 inches in length.
    (v) Other than as specified in this section, there are no harvest, 
possession, or size limits for other shellfish, and the season is open 
all year.
    (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 State 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 State 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 with shell width of 7 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 only use one crab pot, which may be of any size, 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 
State open commercial fishing seasons for red king crab, blue king 
crab, or Tanner crab in the location;

[[Page 7293]]

    (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 during the 14 days immediately before the opening of a State 
commercial king or Tanner crab fishing season in the location;
    (C) The daily harvest and possession limit is 12 male crabs 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 State 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 males crabs 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 crabs.

    Dated: December 27, 2002.
William W. Knauer II,
Acting Chair, Federal Subsistence Board.

    Dated: January 6, 2003.
Calvin H. Casipit,
Acting Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 03-2396 Filed 2-11-03; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P