[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12676-12694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1166]



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Part II





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--2007-08 Subsistence Taking of Fish and Shellfish 
Regulations; Final Rule

  Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / 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-AU57


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C and Subpart D--2007-08 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 2007-08 regulatory year. The rulemaking is 
necessary because Subpart D is subject to an annual public review 
cycle. This rulemaking replaces the fish and shellfish taking 
regulations included in the ``Subsistence Management Regulations for 
Public Lands in Alaska, Subpart C and Subpart D--2006-07 Subsistence 
Taking of Fish and Wildlife Regulations,'' which expire on March 31, 
2007. This rule also amends the Customary and Traditional Use 
Determinations of the Federal Subsistence Board (Sec.  ----.24 of 
subpart C).

DATES: Sections ----.24(a)(2) and (3) are effective April 1, 2007. 
Sections ----.27 and ----.28 are effective April 1, 2007, through March 
31, 2008.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of 
Subsistence Management; (907) 786-3888. For questions specific to 
National Forest System lands, contact Steve Kessler, Regional 
Subsistence Program Leader, 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. In 
1978, the State implemented a program that the Department of the 
Interior 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). 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, as revised May 7, 2002 (67 FR 30559), 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 
agencies in both the Departments of Agriculture and the Interior, 
identical text will 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 10 
subsistence resource regions, each of which is represented by a Federal 
Subsistence Regional Advisory Council (Regional Council). The Regional 
Councils provide a forum for rural residents with personal knowledge of 
local conditions and resource requirements to exercise 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 (70 FR 76010, December 22, 2005) and making 
recommendations for this final rule. Moreover, the Council Chairs, or 
their designated representatives, presented their Council's 
recommendations at the Board meeting of January 9-11, 2007. Transcripts 
from this series of meetings are available at http://alaska.fws.gov/asm/index.cfm.

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 last published in the Federal Register on March 29, 2006 (71 FR 
15569). During its January 9-11, 2007, meeting, the Board made new 
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

[[Page 12677]]

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 2007-08 seasons, harvest limits, and methods and 
means on December 22, 2005, in the Federal Register (70 FR 76010). A 
45-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 26 proposals for changes to 
Customary and Traditional Use Determinations or to Subpart D. 
Subsequent to the review period, the Board prepared a booklet 
describing the proposals and distributed it to the public. The public 
had an additional 30 days in which to comment on the proposals for 
changes to the regulations. The 10 Regional Councils then met again, 
received public comments, and formulated their recommendations to the 
Board on proposals for their respective regions. Nine of the proposals 
were not considered, being deferred for Board consideration in a future 
cycle. One proposal was withdrawn by the originator. These final 
regulations reflect Board review and consideration of Regional Council 
recommendations and public comments on the remaining proposals.

Analysis of Proposals Rejected by the Board

    The Board rejected, tabled, or took no action on 11 proposals. All 
of the actions to reject or take no action were based on 
recommendations from at least one Regional Council.
    The Board rejected one proposal requesting opening the Lower Copper 
River to a dip net and rod and reel subsistence salmon fishery. The 
Board rejected this proposal at the request of the Southcentral 
Regional Advisory Council because although there is not a biological 
concern, all public testimony from rural subsistence users opposes this 
proposal as unnecessary to the satisfaction of subsistence needs.
    The Board rejected one proposal that requested storage restrictions 
for fish wheels on the Copper River. The Board rejected this proposal 
as unnecessarily restrictive for subsistence users.
    The Board rejected one proposal that requested placement 
restrictions for fish wheels on the Copper River. The Board rejected 
this proposal as unnecessarily restrictive for subsistence users 
because it would cause them unnecessary hardship.
    The Board deferred for 1 year a proposal that would have closed the 
herring fishery in the Makhnati Island area in order to allow the 
formation of a working group to further review the implications and 
issues related to this very complex fishery.
    The Board rejected one proposal that requested more stringent 
reporting requirements for steelhead in the Sitka area. The Board 
rejected this proposal as unnecessarily restrictive for subsistence 
users.
    The Board rejected four other proposals that would have placed 
additional harvest restrictions on steelhead in the Sitka area. These 
proposals were rejected because the Board believes that proper 
safeguards are already in place to protect steelhead populations, and 
the proposals would have placed unnecessary restrictions on subsistence 
users.

Analysis of Proposals Adopted by the Board

    The Board adopted five proposals. 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, conforming with 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/index.cfm. Additional technical clarifications and removal of excess or 
duplicative text have been made, which result in a more readable 
document.
    When questions of jurisdiction are brought to our attention, we 
immediately review the issue and make any appropriate modifications to 
our regulations. In addition, we revised the regulations pertaining to 
specific management areas as follows:

Bristol Bay Fishery Management Area

    The Board adopted three proposals affecting residents of the 
Bristol Bay Alaska Fishery Management Area, resulting in the following 
changes to the regulations found in Sec.  ----.27.
     Provided for the take of salmon by drift gillnet in the 
lower 2 miles of the Togiak River. Marking of salmon taken by drift 
gillnet is required.
     Allowed the take of salmon without a permit in Lake Clark 
and its tributaries by snagging (by handline or rod and reel), spear, 
bow and arrow, or capturing by bare hand.
     Allowed the take of salmon by beach seines not exceeding 
25 fathoms in Lake Clark, excluding its tributaries.

Cook Inlet Fishery Management Area

    During a public work session on November 17, 2006, the Board made 
changes to the customary and traditional use determination for the 
community of Ninilchik, recognizing its historical use of the Kenai 
River drainage and northern portion of the Kenai Peninsula. This action 
resulted from a request for reconsideration of a Board action on a 
proposal acted on during the Board's January 10-13, 2006, meeting and 
was effective November 17, 2006.

Southeastern Alaska Fishery Management Area

    The Board adopted two proposals affecting residents of the 
Southeastern Alaska Fishery Management Area, resulting in the following 
changes to the regulations found in Sec. Sec.  ---- .24 and ---- .27.
     Revised the customary and traditional use determination 
for Districts 12, 13, and 14 in the Southeast Alaska Fishery Management 
Area.
     Aligned Federal harvest limits for sockeye salmon in most 
of southeast Alaska with the existing State subsistence or personal use 
fishery.
    During a public work session on November 17, 2006, the Board made 
changes to the customary and traditional use determination for the 
community of Gustavus, recognizing its historical use of District 14, 
Sections 14B and 14C. This action resulted from a request for 
reconsideration of a Board action on a proposal acted on during the 
Board's January 10-13, 2006, meeting. Board action on another proposal 
at its January 9-10, 2007, meeting has since superseded the November 
17, 2006 action.

Administrative Procedure Act Compliance

    The Board finds that additional public notice under the 
Administrative

[[Page 12678]]

Procedure Act (APA) for this final rule is unnecessary and contrary to 
the public interest. The Board has provided extensive opportunity for 
public input and involvement in excess of standard APA requirements, 
including participation in multiple Regional Council meetings, 
additional public review and comment on all proposals for regulatory 
change, and opportunity for additional public comment during the Board 
meeting prior to deliberation. Additionally, an administrative 
mechanism exists (and has been used by the public) to request 
reconsideration of the Board's decision on any particular proposal for 
regulatory change. Over the 15 years the Program has been operating, no 
benefit to the public has been demonstrated by delaying the effective 
date of regulations. A lapse in regulatory control could seriously 
affect the continued viability of fish and shellfish populations, 
adversely impact future subsistence opportunities for rural Alaskans, 
and would generally fail to serve the overall public interest. 
Therefore, the Board finds good cause pursuant to 5 U.S.C. 553(d) to 
make this rule effective less than 30 days after publication.

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, published May 29, 1992; amended January 8, 
1999, 64 FR 1276; June 12, 2001, 66 FR 31533; May 7, 2002, 67 FR 30559; 
April 30, 2003, 68 FR 23035; October 14, 2004, 68 FR 60957; and 
December 27, 2005, 70 FR 76400) 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 from 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

    The information collection requirements contained in this rule have 
been approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and assigned 
OMB control number 1018-0075, which expires October 31, 2009. We may 
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

    Regulatory Planning and Review (Executive Order 12866)--In 
accordance with the criteria in Executive Order 12866, this rule is not 
a significant regulatory action subject to OMB review. OMB makes this 
determination. This action will not have an annual economic effect of 
$100 million or adversely affect any economic sector, productivity, 
competition, jobs, the environment, or other units of government. 
Therefore, a cost-benefit and economic analysis is not required. This 
action will not create inconsistencies with other agencies' actions or 
otherwise interfere with an action taken or planned by another agency. 
This action will not materially affect entitlements, grants, user fees, 
loan programs, or the rights and obligations of their recipients. This 
action will not raise novel legal or policy issues.
    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; however, 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 about 26.2 million pounds of 
fish (including about 9 million pounds of salmon) are harvested by the 
local subsistence users annually and, if based on a replacement value 
of $3.00 per pound, would equate to $78.6 million in food value 
Statewide.
    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence

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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 (Civil Justice Reform).
    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 significant direct 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 
Peter J. Probasco, of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Chuck Ardizzone, Alaska State Office, Bureau of Land Management; Jerry 
Berg, Alaska Regional Office, U.S. Fish and Wildlife Service; Nancy 
Swanton, Alaska Regional Office, National Park Service; Dr. Glenn Chen, 
Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler, 
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.

0
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

0
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

0
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          All fish.........  Residents of
     Clarence Area, waters                          Stebbins, St.
     draining into Norton                           Michael, and Kotlik.
     Sound between Point
     Romanof and Canal Point.
    Norton Sound--Port          All fish.........  Residents of the
     Clarence Area, remainder.                      Norton Sound--Port
                                                    Clarence Area.
Yukon--Northern Area:
    Yukon River drainage......  Salmon, other      Residents of the
                                 than fall chum     Yukon River drainage
                                 salmon.            and the community of
                                                    Stebbins.
    Yukon River drainage......  Fall chum salmon.  Residents of the
                                                    Yukon River drainage
                                                    and the communities
                                                    of Stebbins, Scammon
                                                    Bay, Hooper Bay, and
                                                    Chevak.
    Yukon River drainage......  Freshwater fish    Residents of the
                                 (other than        Yukon--Northern
                                 salmon).           Area.
    Remainder of the Yukon--    All fish.........  Residents of the
     Northern Area.                                 Yukon--Northern
                                                    Area, excluding the
                                                    residents of the
                                                    Yukon River drainage
                                                    and excluding those
                                                    domiciled in Unit
                                                    26B.
    Tanana River drainage       Freshwater fish    Residents of the
     contained within the        (other than        Yukon--Northern Area
     Tetlin NWR and the          salmon).           and residents of
     Wrangell-St. Elias NPP.                        Mentasta Lake,
                                                    Chistochina, Slana,
                                                    and all residents
                                                    living between
                                                    Mentasta Lake and
                                                    Chistochina.
Kuskokwim Area................  Salmon...........  Residents of the
                                                    Kuskokwim Area,
                                                    except those persons
                                                    residing on the
                                                    United States
                                                    military
                                                    installations
                                                    located on Cape
                                                    Newenham, Sparrevohn
                                                    USAFB, and Tatalina
                                                    USAFB.

[[Page 12680]]

 
                                Rainbow trout....  Residents of the
                                                    communities of
                                                    Akiachak, Akiak,
                                                    Aniak, Atmautluak,
                                                    Bethel, Chuathbaluk,
                                                    Crooked Creek, Eek,
                                                    Goodnews Bay,
                                                    Kasigluk, Kwethluk,
                                                    Lower Kalskag,
                                                    Napakiak, Napaskiak,
                                                    Nunapitchuk,
                                                    Oscarville,
                                                    Platinum, Quinhagak,
                                                    Tuluksak,
                                                    Tuntutuliak, and
                                                    Upper Kalskag.
                                Pacific cod......  Residents of the
                                                    communities of
                                                    Chevak, Newtok,
                                                    Tununak, Toksook
                                                    Bay, Nightmute,
                                                    Chefornak, Kipnuk,
                                                    Mekoryuk,
                                                    Kwigillingok,
                                                    Kongiganak, Eek, and
                                                    Tuntutuliak.
                                All other fish     Residents of the
                                 other than         Kuskokwim Area,
                                 herring.           except those persons
                                                    residing on the
                                                    United States
                                                    military
                                                    installation located
                                                    on Cape Newenham,
                                                    Sparrevohn USAFB,
                                                    and Tatalina USAFB.
    Waters around Nunivak       Herring and        Residents within 20
     Island.                     herring roe.       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,          Salmon and         Residents of the
     including drainages         freshwater fish.   Nushagak District
     flowing into the district.                     and freshwater
                                                    drainages flowing
                                                    into the district.
    Naknek-Kvichak District--   Salmon and         Residents of the
     Naknek River drainage.      freshwater fish.   Naknek and Kvichak
                                                    River drainages.
    Naknek-Kvichak District--   Salmon and         Residents of the
     Kvichak/Iliamna-Lake        freshwater fish.   Kvichak/Iliamna-Lake
     Clark drainage.                                Clark drainage.
    Togiak District, including  Salmon and         Residents of the
     drainages flowing into      freshwater fish.   Togiak District,
     the district.                                  freshwater drainages
                                                    flowing into the
                                                    district, and the
                                                    community of
                                                    Manokotak.
    Egegik District, including  Salmon and         Residents of South
     drainages flowing into      freshwater fish.   Naknek, the Egegik
     the district.                                  District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
    Ugashik District,           Salmon and         Residents of the
     including drainages         freshwater fish.   Ugashik District and
     flowing into the district.                     freshwater drainages
                                                    flowing into the
                                                    district.
    Togiak District...........  Herring spawn on   Residents of the
                                 kelp.              Togiak District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
Aleutian Islands Area.........  All fish.........  Residents of the
                                                    Aleutian Islands
                                                    Area and the
                                                    Pribilof Islands.
Alaska Peninsula Area.........  Halibut..........  Residents of the
                                                    Alaska Peninsula
                                                    Area and the
                                                    communities of
                                                    Ivanof Bay and
                                                    Perryville.
                                All other fish in  Residents of the
                                 the Alaska         Alaska Peninsula
                                 Peninsula Area.    Area.
Chignik Area..................  Halibut, salmon    Residents of the
                                 and fish other     Chignik Area.
                                 than rainbow/
                                 steelhead trout.
Kodiak Area--except the         Salmon...........  Residents of the
 Mainland District, all waters                      Kodiak Island
 along the south side of the                        Borough, except
 Alaska Peninsula bounded by                        those residing on
 the latitude of Cape Douglas                       the Kodiak Coast
 (58[deg]51.10' North                               Guard Base.
 latitude) mid-stream Shelikof
 Strait, north and east of the
 longitude of the southern
 entrance of Imuya Bay near
 Kilokak Rocks (57[deg]10.34'
 North latitude,
 156[deg]20.22' West
 longitude).
    Kodiak Area...............  Fish other than    Residents of the
                                 rainbow/           Kodiak Area.
                                 steelhead trout
                                 and salmon.
Cook Inlet Area:
    Kenai Peninsula District--  All fish.........  Residents of the
     Waters north of and                            communities of Hope,
     includng the Kenai River                       Cooper Landing, and
     drainage within the Kenai                      Ninilchik.
     National Wildlife Refuge
     an the Chugach National
     Forest.
    Waters within the Kasilof   All fish.........  Residents of the
     River drainage within the                      community of
     Kenai NWR.                                     Ninilchik.
    Waters within Lake Clark    Salmon...........  Residents of the
     National Park draining                         Tuxedni Bay area.
     into and including that
     portion of Tuxedni Bay
     within the park.
    Cook Inlet Area--Remainder  Fish other than    Residents of the Cook
                                 salmon, Dolly      Inlet Area.
                                 Varden, trout,
                                 char, grayling,
                                 and burbot.
Prince William Sound Area:
    Southwestern District and   Salmon...........  Residents of the
     Green Island.                                  Southwestern
                                                    District, which is
                                                    mainland waters from
                                                    the outer point on
                                                    the north shore of
                                                    Granite Bay to Cape
                                                    Fairfield, and
                                                    Knight Island,
                                                    Chenega Island,
                                                    Bainbridge Island,
                                                    Evans Island,
                                                    Elrington Island,
                                                    Latouche Island and
                                                    adjacent islands.

[[Page 12681]]

 
    North of a line from        Salmon...........  Residents of the
     Porcupine Point to                             villages of Tatitlek
     Granite Point, and south                       and Ellamar.
     of a line from Point Lowe
     to Tongue Point.
    Copper River drainage       Freshwater fish..  Residents of
     upstream from Haley Creek.                     Cantwell, Chisana,
                                                    Chistochina,
                                                    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.
    Gulkana National Wild and   Freshwater fish..  Residents of
     Scenic River.                                  Cantwell, Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Paxson-
                                                    Sourdough, 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.
    Waters of the Prince        Freshwater fish    Residents of the
     William Sound Area,         (trout, char,      Prince William Sound
     except for the Copper       whitefish,         Area, except those
     River drainage upstream     suckers,           living in the Copper
     of Haley Creek.             grayling, and      River drainage
                                 burbot).           upstream of Haley
                                                    Creek.
    Chitina Subdistrict of the  Salmon...........  Residents of
     Upper Copper River                             Cantwell,
     District.                                      Chickaloon, Chisana,
                                                    Christochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Paxson-
                                                    Sourdough, 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   Salmon...........  Residents of the
     the Upper Copper River                         Prince William Sound
     District.                                      Area and residents
                                                    of Cantwell,
                                                    Chickaloon, Chisana,
                                                    Dot Lake, Healy
                                                    Lake, Northway,
                                                    Tanacross, Tetlin,
                                                    Tok, and those
                                                    individuals living
                                                    along the Alaska
                                                    Highway from the
                                                    Alaskan/Canadian
                                                    border to Dot Lake,
                                                    along the Tok Cutoff
                                                    from Tok to Mentasta
                                                    Pass, and along the
                                                    Nabesna Road.
    Waters of the Copper River  Salmon...........  Residents of Mentasta
     between National Park                          Lake and Dot Lake.
     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     Salmon...........  Residents of the
     William Sound Area.                            Prince William Sound
                                                    Area.
    Waters of the Bering River  Eulachon.........  Residents of Cordova.
     area from Point Martin to
     Cape Suckling.
    Waters of the Copper River  Eulachon.........  Residents of Cordova,
     Delta from the Eyak River                      Chenega Bay, and
     to Point Martin.                               Tatitlek.
Yakutat Area:
    Fresh water upstream from   Salmon...........  Residents of the area
     the terminus of streams                        east of Yakutat Bay,
     and rivers of the Yakutat                      including the
     Area from the Doame River                      islands within
     to the Tsiu River.                             Yakutat Bay, west of
                                                    the Situk River
                                                    drainage, and south
                                                    of and including
                                                    Knight Island.
    Fresh water upstream from   Dolly Varden,      Residents of the area
     the terminus of streams     steelhead trout,   east of Yakutat Bay,
     and rivers of the Yakutat   and smelt.         including the
     Area from the Doame River                      islands within
     to Point Manby.                                Yakutat Bay, west of
                                                    the Situk River
                                                    drainage, and south
                                                    of and including
                                                    Knight Island.
    Remainder of the Yakutat    Dolly Varden,      Residents of
     Area.                       trout, smelt,      Southeastern Alaska
                                 and eulachon.      and Yakutat Areas.
Southeastern Alaska Area:
    District 1--Section 1E in   Salmon, Dolly      Residents of the City
     waters of the Naha River    Varden, trout,     of Saxman.
     and Roosevelt Lagoon.       smelt, and
                                 eulachon.
    District 1--Section 1F in   Salmon, Dolly      Residents of the City
     Boca de Quadra in waters    Varden, trout,     of Saxman.
     of Sockeye Creek and Hugh   smelt, and
     Smith Lake within 500       eulachon.
     yards of the terminus of
     Sockeye Creek.
    Districts 2, 3, and 5 and   Salmon, Dolly      Residents living
     waters draining into        Varden, trout,     south of Sumner
     those Districts.            smelt, and         Strait and west of
                                 eulachon.          Clarence Strait and
                                                    Kashevaroff Passage.

[[Page 12682]]

 
    District 5--North of a      Salmon, Dolly      Residents of the City
     line from Point Barrie to   Varden, trout,     of Kake and in
     Boulder Point.              smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 6 and waters       Salmon, Dolly      Residents of the
     draining into that          Varden, trout,     living south of
     District.                   smelt, and         Sumner Strait and
                                 eulachon.          west of Clarence
                                                    Strait and
                                                    Kashevaroff Passage;
                                                    residents of
                                                    drainages flowing
                                                    into District 6
                                                    north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island); residents
                                                    of drainages flowing
                                                    into Districts 7 &
                                                    8, including the
                                                    communities of
                                                    Petersburg &
                                                    Wrangell; and
                                                    residents of the
                                                    communities of
                                                    Meyers Chuck and
                                                    Kake.
    District 7 and waters       Salmon, Dolly      Residents of
     draining into that          Varden, trout,     drainages flowing
     District.                   smelt, and         into District 6
                                 eulachon.          north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island); residents
                                                    of drainages flowing
                                                    into Districts 7 &
                                                    8, including the
                                                    communities of
                                                    Petersburg &
                                                    Wrangell; and
                                                    residents of the
                                                    communities of
                                                    Meyers Chuck and
                                                    Kake.
    District 8 and waters       Salmon, Dolly      Residents of
     draining into that          Varden, trout,     drainages flowing
     District.                   smelt, and         into Districts 7 &
                                 eulachon.          8, residents of
                                                    drainages flowing
                                                    into District 6
                                                    north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island), and
                                                    residents of Meyers
                                                    Chuck.
    District 9--Section 9A....  Salmon, Dolly      Residents of the City
                                 Varden, trout,     of Kake and in
                                 smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of Portage
                                                    Bay boat harbor.
    District 9--Section 9B      Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     of Kake and in
     Swain Point.                smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 10--West of a      Salmon, Dolly      Residents of the City
     line from Pinta Point to    Varden, trout,     of Kake and in
     False Point Pybus.          smelt, and         Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 12--South of a     Salmon, Dolly      Residents of the City
     line from Fishery Point     Varden, trout,     of Angoon and along
     to south Passage Point      smelt, and         the western shore of
     and north of the latitude   eulachon.          Admiralty Island
     of Point Caution.                              north of the
                                                    latitude of Sand
                                                    Island, south of the
                                                    latitude of Thayer
                                                    Creek, and west of
                                                    134[deg]30' West
                                                    longitude, including
                                                    Killisnoo Island.
    District 12--Section 12A,   All fish.........  Residents of
     excluding the area south                       drainages flowing
     of a line from Fishery                         into Districts 12
     Point to South Passage                         and 14.
     Point Section 12B.
    District 13--Section 13A,   Salmon, Dolly      Residents of the City
     south of the latitude of    Varden, trout,     and Borough of Sitka
     Cape Edward.                smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13A,   All fish.........  Residents of
     excluding the area south                       drainages flowing
     of the latitude of Cape                        into Sections 13A,
     Edward.                                        13B, and District
                                                    14.
    District 13--Section 13B    Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     and Borough of Sitka
     Redfish Cape.               smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13C..  Salmon, Dolly      Residents of the City
                                 Varden, trout,     and Borough of Sitka
                                 smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13C    Salmon, Dolly      Residents of the City
     east of the longitude of    Varden, trout,     of Angoon and along
     Point Elizabeth.            smelt, and         the western shore of
                                 eulachon.          Admiralty Island
                                                    north of the
                                                    latitude of Sand
                                                    Island, south of the
                                                    latitude of Thayer
                                                    Creek, and west of
                                                    134[deg]30' West
                                                    longitude, including
                                                    Killisnoo Island.
    District 14...............  All fish.........  Residents of
                                                    drainages flowing
                                                    into Sections 12A,
                                                    13A, and District
                                                    14.
    Remainder of the            Dolly Varden,      Residents of
     Southeastern Alaska Area.   trout, smelt,      Southeastern Alaska
                                 and eulachon.      and Yakutat 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.

[[Page 12683]]

 
Alaska Peninsula-Aleutian       Shrimp Dungeness,  Residents of the
 Islands Area.                   and Tanner crab.   Alaska Peninsula-
                                                    Aleutian Islands
                                                    Area.
Kodiak Area...................  Shrimp,            Residents of the
                                 Dungeness, and     Kodiak Area.
                                 Tanner crab.
    Kodiak Area, except for     King crab........  Residents of the
     the Semidi Island, the                         Kodiak Island
     North Mainland, and the                        Borough, except
     South 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,
     the boundaries of Lake                         and Tyonek.
     Clark National Park.
Prince William Sound Area.....  Shrimp, clams,     Residents of the
                                 Dungeness, king,   Prince William Sound
                                 and Tanner crab.   Area.
Southeastern Alaska--Yakutat
 Area:
    Section 1E south of the     Shellfish, except  Residents of the
     latitude of Grant Island    shrimp, king       Southeast Area.
     light.                      crab, and Tanner
                                 crab..
    Section 1F north of the     Shellfish, except  Residents of the
     latitude of the             shrimp, king       Southeast Area.
     northernmost tip of Mary    crab, and Tanner
     Island, except waters of    crab.
     Boca de Quadra.
    Section 3A and 3B.........  Shellfish, except  Residents of the
                                 shrimp, king       Southeast Area.
                                 crab, and Tanner
                                 crab.
    District 13...............  Dungeness crab,    Residents of the
                                 shrimp, abalone,   Southeast Area.
                                 sea cucumbers,
                                 gum boots,
                                 cockles, and
                                 clams, except
                                 geoducks.
------------------------------------------------------------------------

* * * * *

Subpart D--Subsistance Taking of Fish and Wildlife

0
3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. Sec.  --
--.27 and ----.28 are added effective April 1, 2007, through March 31, 
2008, 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, except as 
modified by regulations in Sec.  ----.27(i). This means that if you 
have taken the harvest limit for a particular species under a 
subsistence season specified in this section, you may not, after that, 
take any additional fish of that species under any other harvest limit 
specified for a State season.
    (b) [Reserved].
    (c) Methods, means, and general restrictions. (1) Unless otherwise 
specified in this section or under terms of a required subsistence 
fishing permit (as may be modified by this section), you may use the 
following legal types of gear for subsistence fishing:
    (i) A set gillnet;
    (ii) A drift gillnet;
    (iii) A purse seine;
    (iv) A hand purse seine;
    (v) A beach seine;
    (vi) Troll gear;
    (vii) A fish wheel;
    (viii) A trawl;
    (ix) A pot;
    (x) A longline;
    (xi) A fyke net;
    (xii) A lead;
    (xiii) A herring pound;
    (xiv) A dip net;
    (xv) Jigging gear;
    (xvi) A mechanical jigging machine;
    (xvii) A handline;
    (xviii) A cast net;
    (xix) A rod and reel; and
    (xx) A spear.
    (2) You must include an escape mechanism on all pots used to take 
fish or shellfish. The escape mechanisms are as follows:
    (i) A sidewall, which may include the tunnel, of all shellfish and 
bottomfish pots must contain an opening equal to or exceeding 18 inches 
in length, except that in shrimp pots the opening must be a minimum of 
6 inches in length. The opening must be laced, sewn, or secured 
together by a single length of untreated, 100 percent cotton twine, no 
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 saltwater, 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 nonindigenous fish as bait.
    (6) You must have your first initial, last name, and address 
plainly and legibly inscribed on the side of your fish wheel facing 
midstream of the river.
    (7) You may use kegs or buoys of any color but red on any permitted 
gear, except in the following areas where kegs

[[Page 12684]]

or buoys of any color, including red, may be used:
    (i) Yukon-Northern Area; and
    (ii) Kuskokwim Area.
    (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) Transactions between rural residents. Rural residents may 
exchange in customary trade subsistence-harvested fish, their parts, or 
their eggs, legally taken under the regulations in this part, for cash 
from other rural residents. The Board may recognize regional 
differences and define customary trade differently for separate regions 
of the State.
    (i) Bristol Bay Fishery Management Area--The total cash value per 
household of salmon taken within Federal jurisdiction in the Bristol 
Bay Fishery Management Area and exchanged in customary trade to rural 
residents may not exceed $500.00 annually.
    (ii) Upper Copper River District--The total number of salmon per 
household taken within the Upper Copper River District and exchanged in 
customary trade to rural residents may not exceed 50% of the annual 
harvest of salmon by the household. No more than 50% of the annual 
household limit may be sold under paragraphs ----.27(c)(11) and (12) 
when taken together. These customary trade sales must be immediately 
recorded on a customary trade recordkeeping form. The recording 
requirement and the responsibility to ensure the household limit is not 
exceeded rests with the seller.
    (12) Transactions between a rural resident and others. In customary 
trade, a rural resident may trade fish, their parts, or their eggs, 
legally taken under the regulations in this part, for cash from 
individuals other than rural residents if the individual who purchases 
the fish, their parts, or their eggs uses them for personal or family 
consumption. If you are not a rural resident, you may not sell fish, 
their parts, or their eggs taken under the regulations in this part. 
The Board may recognize regional differences and define customary trade 
differently for separate regions of the State.
    (i) Bristol Bay Fishery Management Area--The total cash value per 
household of salmon taken within Federal jurisdiction in the Bristol 
Bay Fishery Management Area and exchanged in customary trade between 
rural residents and individuals other than rural residents may not 
exceed $400.00 annually. These customary trade sales must be 
immediately recorded on a customary trade recordkeeping form. The 
recording requirement and the responsibility to ensure the household 
limit is not exceeded rest with the seller.
    (ii) Upper Copper River District--The total cash value of salmon 
per household taken within the Upper Copper River District and 
exchanged in customary trade between rural residents and individuals 
other than rural residents may not exceed $500.00 annually. No more 
than 50% of the annual household limit may be sold under paragraphs --
--.27(c)(11) and (12) when taken together. These customary trade sales 
must be immediately recorded on a customary trade recordkeeping form. 
The recording requirement and the responsibility to ensure the 
household limit is not exceeded rest with the seller.
    (13) No sale to, nor purchase by, fisheries businesses.
    (i) You may not sell fish, their parts, or their eggs taken under 
the regulations in this part to any individual, business, or 
organization required to be licensed as a fisheries business under 
Alaska Statute AS 43.75.011 (commercial limited-entry permit or crew 
license holders excluded) or to any other business as defined under 
Alaska Statute 43.70.110(1) as part of its business transactions.
    (ii) If you are required to be licensed as a fisheries business 
under Alaska Statute AS 43.75.011 (commercial limited-entry permit or 
crew license holders excluded) or are a business as defined under 
Alaska Statute 43.70.110(1), you may not purchase, receive, or sell 
fish, their parts, or their eggs taken under the regulations in this 
part as part of your business transactions.
    (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) [Reserved].
    (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 waters within Federal jurisdiction 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

[[Page 12685]]

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 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) [Reserved].
    (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 must record, prior to leaving 
the harvest site, 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 stretched-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 stretched-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 may 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 stretched-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.
    (iii) You may take salmon only by gillnets, beach seines, fish 
wheel, or a rod and reel.
    (iv) You may take fish other than salmon by set gillnet, drift 
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging 
gear, spear, lead, or a rod and reel.
    (v) In the Unalakleet River from June 1 through July 15, you may 
not operate more than 25 fathoms of gillnet in the aggregate nor may 
you operate an unanchored gillnet.
    (vi) 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] 
West longitude, 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-

[[Page 12686]]

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 otherwise restricted in Sec.  --
--.27(i)(3).
    (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 4B and 4C 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 5D, 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 4A, 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 4A 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 Chinook 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 through 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 stretched-mesh larger than 6-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 4A upstream from the mouth of Stink Creek, you 
may take Chinook 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 4A downstream from the mouth of Stink Creek, you 
may take Chinook salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14;
    (C) In the Yukon River mainstem, Subdistricts 4B and 4C with a 
Federal subsistence fishing permit, you may take Chinook salmon during 
the last 18-hour period of the weekly regulatory opening(s) by drift 
gillnets no more than 150 feet long and no more than 35 meshes deep, 
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 use, personal use, 
or subsistence fishing gear except that, at the site approximately 1 
mile upstream from Ruby on the south bank of the Yukon River between 
ADF&G regulatory markers containing the area known locally as the 
``Slide,'' you may set subsistence fishing gear within 200 feet of 
other operating commercial or subsistence fishing gear, and in District 
4, from Old Paradise Village upstream to a point 4 miles upstream from 
Anvik, there is no minimum distance requirement between fish wheels;
    (D) During the State commercial salmon fishing season, within the 
Yukon River and the Tanana River below the confluence of the Wood 
River, you may use drift gillnets and fish wheels only during open 
subsistence salmon fishing periods;
    (E) In Birch Creek, gillnet mesh size may not exceed 3-inches 
stretch-measure from June 15 through September 15.
    (xvii) In District 4, from September 21 through May 15, you may use 
jigging gear from shore ice.

[[Page 12687]]

    (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 Chinook salmon 
taken for subsistence purposes unless the dorsal fin has been removed 
immediately after landing.
    (xxi) In the Yukon River drainage, Chinook salmon must be used 
primarily for human consumption and may not be targeted for dog food. 
Dried Chinook salmon may not be used for dog food 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 5D, 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, Kuskokuak Slough, from June 1 through July 31 
only, you may not take salmon for 16 hours before and during each State 
open commercial salmon fishing period in the district.
    (iv) In Districts 4 and 5, from June 1 through September 8, you may 
not take salmon for 16 hours before or during, and for 6 hours after 
each State open commercial salmon fishing period in each district.
    (v) In District 2, and anywhere in tributaries that flow into the 
Kuskokwim River within that district, from June 1 through September 8 
you may not take salmon by net gear or fish wheel for 16 hours before 
or during, and for 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 paragraph (i)(4) of this section.
    (vi) You may not take subsistence fish by nets in the Goodnews 
River east of a line between ADF&G regulatory markers placed near the 
mouth of the Ufigag River and an ADF&G regulatory marker placed near 
the mouth of the Tunulik River 16 hours before or during, and for 6 
hours after each State open commercial salmon fishing period.
    (vii) You may not take subsistence fish by nets in the Kanektok 
River upstream of ADF&G regulatory markers placed near the mouth 16 
hours before or during, and for 6 hours after each State open 
commercial salmon fishing period.
    (viii) You may not take subsistence fish by nets in the Arolik 
River upstream of ADF&G regulatory markers placed near the mouth 16 
hours before or during, and for 6 hours after each State open 
commercial salmon fishing period.
    (ix) You may only take salmon 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 Kanektok, and 
Arolik River drainages, and in the drainage of Goodnews Bay.
    (x) You may not use an aggregate length of set gillnets or drift 
gillnets in excess of 50 fathoms for taking salmon.
    (xi) You may take fish other than salmon by set gillnet, drift 
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net, 
jigging gear, spear, lead, handline, or rod and reel.
    (xii) You must attach to the bank each subsistence gillnet operated 
in tributaries of the Kuskokwim River and fish it substantially 
perpendicular to the bank and in a substantially straight line.
    (xiii) Within a tributary to the Kuskokwim River in that portion of 
the Kuskokwim River drainage from the north end of Eek Island upstream 
to the mouth of the Kolmakoff River, you may not set or operate any 
part of a set gillnet within 150 feet of any part of another set 
gillnet.
    (xiv) The maximum depth of gillnets is as follows:
    (A) Gillnets with 6-inch or smaller stretched-mesh may not be more 
than 45 meshes in depth;
    (B) Gillnets with greater than 6-inch stretched-mesh may not be 
more than 35 meshes in depth.
    (xv) You may take halibut only by a single handheld line with no 
more than two hooks attached to it.
    (xvi) You may not use subsistence set and drift gillnets exceeding 
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You 
may not operate more than one subsistence set or drift gillnet at a 
time in Whitefish Lake in the Ophir Creek drainage. You must check the 
net at least once every 24 hours.
    (xvii) You may take rainbow trout only in accordance with the 
following restrictions:
    (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 through 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. 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 during the following times: from 9 a.m. 
Tuesday to 9 a.m. Wednesday and from 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 
by set gillnets only.

[[Page 12688]]

    (vii) Outside the boundaries of any district, unless otherwise 
specified, you may take salmon by set gillnet only.
    (A) You may also take salmon by spear in the Togiak River, 
excluding its tributaries.
    (B) You may also use drift gillnets not greater than 10 fathoms in 
length to take salmon in the Togiak River in the first two river miles 
upstream from the mouth of the Togiak River to the ADF&G regulatory 
markers.
    (C) You may also take salmon without a permit in Lake Clark and its 
tributaries by snagging (by handline or rod and reel), using a spear, 
bow and arrow, or capturing by bare hand.
    (D) You may also take salmon by beach seines not exceeding 25 
fathoms in length in Lake Clark, excluding its tributaries.
    (viii) The maximum lengths for set gillnets used to take salmon are 
as follows:
    (A) You may not use set gillnets exceeding 10 fathoms in length in 
the Egegik River;
    (B) In the remaining waters of the area, you may not use set 
gillnets exceeding 25 fathoms in length.
    (ix) You may not operate any part of a set gillnet within 300 feet 
of any part of another set gillnet.
    (x) You must stake and buoy each set gillnet. Instead of having the 
identifying information on a keg or buoy attached to the gillnet, you 
may plainly and legibly inscribe your first initial, last name, and 
subsistence permit number on a sign at or near the set gillnet.
    (xi) You may not operate or assist in operating subsistence salmon 
net gear while simultaneously operating or assisting in operating 
commercial salmon net gear.
    (xii) During State closed commercial herring fishing periods, you 
may not use gillnets exceeding 25 fathoms in length for the subsistence 
taking of herring or capelin.
    (xiii) You may take fish other than salmon, herring, capelin, and 
halibut by gear listed in this part unless restricted under the terms 
of a subsistence fishing permit.
    (xiv) You may take salmon only under authority of a subsistence 
fishing permit.
    (xv) Only one subsistence fishing permit for salmon may be issued 
to each household per year.
    (xvi) In the Togiak River section and the Togiak River drainage:
    (A) 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.
    (B) You may not possess salmon taken with a drift gillnet 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 from April 10 through October 31 and 5 
per day/5 in possession with no size limit from November 1 through 
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, rainbow/steelhead trout, 
or char 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 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 of Summers and Morris Lakes and their tributaries 
and outlet streams;
    (C) 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;
    (D) Waters of McLees Lake and its tributaries and outlet stream;
    (E) All fresh water 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 
waters of Alaska on the north side of the Alaska peninsula southwest of 
a line from Cape Menshikof (57[deg] 28.34' North latitude, 157[deg] 
55.84' West longitude) to Cape Newenham (58[deg] 39.00' North latitude, 
162[deg] West longitude) and east of the longitude of Cape Sarichef 
Light (164[deg] 55.70' West longitude) and on the south side of the 
Alaska Peninsula from a line extending from Scotch Cape through the 
easternmost tip of Ugamak Island to a line extending 135[deg] southeast 
from Kupreanof Point (55[deg] 33.98' North latitude, 159[deg] 35.88' 
West longitude).
    (i) You may take fish, other than salmon, rainbow/steelhead trout, 
or char, 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 in those districts and 
sections open to commercial salmon fishing where salmon may not be 
taken during the 24 hours before and 12 hours following each State open 
weekly commercial salmon fishing period, 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;

[[Page 12689]]

    (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 bounded by a line extending 
135[deg] southeast for 3 miles from a point near Kilokak Rocks at 
57[deg] 10.34' North latitude, 156[deg] 20.22' West longitude (the 
longitude of the southern entrance to Imuya Bay) then due south, and a 
line extending 135[deg] southeast from Kupreanof Point at 55[deg] 
33.98' North latitude, 159[deg] 35.88' West longitude.
    (i) You may take fish other than salmon, rainbow/steelhead trout, 
or char at any time, except as may be specified by a subsistence 
fishing permit. For salmon, Federal subsistence fishing 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. 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, from a point 300 
feet upstream of the ADF&G weir to Chignik Lake from July 1 through 
August 31. You may not take salmon in Black Lake or any tributary to 
Black or 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 only 
subsistence fish for salmon as specified on a State subsistence salmon 
fishing permit.
    (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' North 
latitude), west of 150[deg] West longitude, north of 55[deg]30.00' 
North latitude, and north and east of a line extending 135[deg] 
southeast for three miles from a point near Kilokak Rocks at 
57[deg]10.34' North latitude, 156[deg]20.22' West longitude (the 
longitude of the southern entrance of Imuya Bay), then due south.
    (i) You may take fish other than salmon, rainbow/steelhead trout, 
char, bottomfish, or herring 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 or 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' North latitude, 152[deg]31.51' 
West longitude), to the northeastern tip of Mary's Island 
(57[deg]42.40' North latitude, 152[deg]32.00' West longitude), to the 
southeastern shore of Womens Bay at 57[deg]41.95' North latitude, 
152[deg]31.50' West longitude;
    (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' North latitude, 152[deg]28.38' West 
longitude, to a point offshore at 57[deg]45.35' North latitude, 
152[deg]28.15' West longitude, to a marker located onshore south of the 
river mouth at approximately 57[deg]45.15' North latitude, 
152[deg]28.65' West longitude;
    (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 fresh water systems of Afognak Island.
    (iv) You must have a subsistence fishing permit for taking salmon, 
trout, and char for subsistence purposes. You must have a subsistence 
fishing permit for taking herring and bottomfish for subsistence 
purposes during the State commercial herring sac roe season from April 
15 through June 30.
    (v) With a subsistence salmon fishing permit you may take 25 salmon 
plus an additional 25 salmon for each member of your household whose 
names are listed on the permit. You may obtain an additional permit if 
you can show that more fish are needed.
    (vi) You must record on your subsistence permit the number of 
subsistence fish taken. You must complete the record immediately upon 
landing subsistence-caught fish, and must return it by February 1 of 
the year following the year the permit was issued.
    (vii) You may take fish other than salmon and halibut by gear 
listed in this part unless restricted under the terms of a subsistence 
fishing permit.
    (viii) You may take salmon only by gillnet, rod and reel, or seine.
    (ix) You must be physically present at the net when the net is 
being fished.
    (x) You may take halibut only by a single handheld 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]51.1' North latitude)

[[Page 12690]]

and a line extending south from Cape Fairfield (148[deg]50.25' West 
longitude).
    (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, trout, Dolly Varden, and other 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 in fresh water from April 
1 through June 15. There are no harvest or possession limits for smelt.
    (vi) Gillnets may not be used in fresh water, except for the taking 
of whitefish in the Tyone River drainage.
    (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. You make 
not take rainbow/steelhead trout, except as otherwise provided for in 
this Sec.  ----.27(i)(11).
    (A) In the Prince William Sound Area within Chugach National Forest 
and in the Copper River drainage downstream of Haley Creek you may 
accumulate Federal subsistence fishing harvest limits with harvest 
limits under State of Alaska sport fishing regulations provided that 
accumulation of fishing harvest limits does not occur during the same 
day.
    (B) You may accumulate harvest limits of salmon authorized for the 
Copper River drainage upstream from Haley Creek with harvest limits for 
salmon authorized under State of Alaska sport fishing regulations.
    (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, 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 fish wheel, 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 from 
May 15 through September 30 only.
    (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 fish wheel owner:
    (A) You must register your fish wheel with ADF&G or the Federal 
Subsistence Board;
    (B) Your registration number and a wood, metal, or plastic plate at 
least 12 inches high by 12 inches wide bearing either your name and 
address, or your Alaska driver's license number, or your Alaska State 
identification card number in letters and numerals at least 1 inch 
high, 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 check your fish wheel at least once every 10 hours and 
remove all fish;
    (E) You are responsible for the fish wheel; you must remove the 
fish wheel from the water at the end of the permit period;
    (F) You may not rent, lease, or otherwise use your fish wheel used 
for subsistence fishing for personal gain.

[[Page 12691]]

    (xiii) If you are operating a fish wheel:
    (A) You may operate only one fish wheel at any one time;
    (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, you must attach an 
additional wood, metal, or plastic plate at least 12 inches high by 12 
inches wide, bearing your name and address in letters and numerals at 
least 1 inch high, 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. 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. The permit will identify a 
person who will be responsible for each fish wheel in a similar manner 
to a fish wheel owner as described in paragraph (i)(11)(xii) of this 
section;
    (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;
    (D) The permit will include provisions for recording daily catches 
for each fish wheel; location and number of fish wheels; full legal 
name of the individual responsible for the lawful operation of each 
fish wheel as described in paragraph (i)(11)(xii) of this section; and 
other information determined to be necessary for effective resource 
management.
    (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, fyke nets, and rod and reel in 
Tanada Creek. One fyke net and associated lead may be used in Tanada 
Creek upstream of the National Park Service weir;
    (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 fish wheel in the 
Copper River. You must return to the water unharmed any Chinook salmon 
caught in Tanada Creek;
    (E) You must return the permit to the National Park Service no 
later than October 15;
    (F) You may only use a fyke net after consultation with the in-
season manager. You must be present when the fyke net is actively 
fishing. You may take no more than 1,000 sockeye salmon in Tanada Creek 
with a fyke net;
    (xvi) You may take pink salmon for subsistence purposes from fresh 
water with a dip net from May 15 through 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 and 
ending 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 a.m. to 6 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 take 
steelhead trout only 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. In areas where use of rod and reel is allowed, you may use 
artificial fly, lure, or bait when fishing with rod and reel, unless 
restricted by Federal permit. If you use bait, you must retain all 
Federally-regulated fish species caught, and they apply to your 
applicable daily and annual harvest limits for that species. For 
streams with steelhead, once your daily or annual limit of steelhead is 
harvested, you may no longer fish with bait for any species.
    (vii) In the Situk River, each subsistence salmon fishing permit 
holder shall attend his or her gillnet 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 immediately remove both lobes of the caudal (tail) 
fin from subsistence-caught salmon when taken.
    (x) You may not possess subsistence-taken and sport-taken salmon on 
the same day.
    (xi) You must possess a subsistence fishing permit to take Dolly 
Varden. The daily harvest and possession limit is 10 Dolly Varden of 
any 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 salmon, trout, 
grayling, and char in the Southeastern Alaska Area at any time.
    (ii) You must possess a subsistence fishing permit to take salmon, 
trout, grayling, or char. You must possess a subsistence fishing permit 
to take eulachon from any freshwater stream flowing into fishing 
Sections 1C or 1D.
    (iii) In the Southeastern Alaska Area, a rainbow trout is defined 
as a fish of the species Oncorhyncus mykiss less

[[Page 12692]]

than 22 inches in overall length. A steelhead is defined as a rainbow 
trout with an overall length of 22 inches or larger.
    (iv)(A) In areas where use of rod and reel is allowed, you may use 
artificial fly, lure, or bait when fishing with rod and reel, unless 
restricted by Federal permit. If you use bait, you must retain all 
Federally-regulated fish species caught, and they apply to your 
applicable daily, seasonal, and annual harvest limits for that species. 
For streams with steelhead, once your daily, seasonal, or annual limit 
of steelhead is harvested, you may no longer fish with bait for any 
species.
    (B) Unless otherwise specified in this Sec.  ----.27(i)(13), 
allowable gear for salmon or steelhead is restricted to gaffs, spears, 
gillnets, seines, dip nets, cast nets, handlines, or rod and reel.
    (v) Unless otherwise specified in this Sec.  ----.27(i)(13), you 
may use a handline for snagging salmon or steelhead.
    (vi) You may fish with a rod and reel within 300 feet of a fish 
ladder unless the site is otherwise posted by the USDA Forest Service. 
You may not fish from, on, or in a fish ladder.
    (vii) You may accumulate annual Federal subsistence harvest limits 
authorized for the Southeastern Alaska Area with harvest limits 
authorized under State of Alaska sport fishing regulations.
    (viii) 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 subsistence fishing permit.
    (ix) 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.
    (x) You must immediately remove both lobes of the caudal (tail) fin 
of subsistence-caught salmon when taken.
    (xi) You may not possess subsistence-taken and sport-taken salmon 
on the same day.
    (xii) If a harvest limit is not otherwise listed for sockeye in 
this Sec.  ----.27(i)(13), the harvest limit for sockeye salmon is the 
same as provided for in adjacent State subsistence or personal use 
fisheries. If a harvest limit is not established for the State 
subsistence or personal use fisheries, the possession limit is 10 
sockeye and the annual harvest limit is 20 sockeye per household for 
that stream.
    (xiii) [Reserved].
    (xiv) [Reserved].
    (xv) [Reserved].
    (xvi) The Sarkar River system above the bridge is closed to the use 
of all nets by both Federally-qualified and non-Federally qualified 
users.
    (xvii) Only Federally-qualified subsistence users may harvest 
sockeye salmon in streams draining into Falls Lake Bay, Gut Bay, or Bay 
of Pillars.
    (xviii) 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.
    (xix) You may take Chinook, sockeye, and coho salmon in the 
mainstem of the Stikine River only under the authority of a Federal 
subsistence fishing permit. Each Stikine River permit will be issued to 
a household and will be valid for 15 days. Permits may be revalidated 
for additional 15-day periods. Only dip nets, spears, gaffs, rod and 
reel, beach seine, or gillnets not exceeding 15 fathoms in length may 
be used. The maximum gillnet mesh size is 5\1/2\-inches, except during 
the Chinook season when the maximum gillnet mesh size is 8 inches.
    (A) You may take Chinook salmon from May 15 through June 20. The 
annual limit is 5 Chinook salmon per household.
    (B) You may take sockeye salmon from June 21 through July 31. The 
annual limit is 40 sockeye salmon per household.
    (C) You may take coho salmon from August 15 through October 1. The 
annual limit is 20 coho salmon per household.
    (D) You may retain other salmon taken incidentally by gear operated 
under terms of this permit. The incidentally taken salmon must be 
reported on your permit calendar.
    (E) The total annual guideline harvest level for the Stikine River 
fishery is 125 Chinook, 600 sockeye, and 400 coho salmon. All salmon 
harvested, including incidentally taken salmon, will count against the 
guideline for that species.
    (xx) You may take coho salmon under the terms of a subsistence 
fishing permit, except in the Stikine and Taku Rivers. There is no 
closed season. The daily harvest limit is 20 coho salmon per household. 
Only dip nets, spears, gaffs, handlines, and rod and reel may be used.
    (xxi) Unless noted on a Federal subsistence harvest permit, there 
are no harvest limits for pink or chum salmon.
    (xxii) Unless otherwise specified in this Sec.  ----.27(i)(13), you 
may take steelhead under the terms of a subsistence fishing permit. The 
open season is January 1 through May 31. The daily household harvest 
and possession limit is one with an annual household limit of two. You 
may only use a dip net, gaff, handline, spear, or rod and reel. The 
permit conditions and systems to receive special protection will be 
determined by the local Federal fisheries manager in consultation with 
ADF&G.
    (xxiii) You may take steelhead trout on Prince of Wales and 
Kosciusko Islands 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, handline, spear, or rod and reel. The winter season may 
be closed when the harvest level cap of 100 steelhead for Prince of 
Wales/Kosciusko Islands 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/Kosciusko 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.
    (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, handline, 
spear, or rod and reel. 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/
Kosciusko 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.
    (xxiv) In addition to the requirement for a Federal subsistence 
fishing permit, the following restrictions for the harvest of Dolly 
Varden, brook trout, grayling, cutthroat, and rainbow trout apply:
    (A) The daily household harvest and possession limit is 20 Dolly 
Varden; there is no closed season or size limit;
    (B) The daily household harvest and possession limit is 20 brook 
trout; there is no closed season or size limit;
    (C) The daily household harvest and possession limit is 20 
grayling; there is no closed season or size limit;
    (D) The daily household harvest limit is 6 and the household 
possession limit is 12 cutthroat or rainbow trout in combination; there 
is no closed season or size limit;
    (E) You may only use a rod and reel;

[[Page 12693]]

    (F) The permit conditions and systems to receive special protection 
will be determined by the local Federal fisheries manager in 
consultation with ADF&G.


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 must 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, when 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 
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 must 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 
and ending 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

[[Page 12694]]

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 crabs;
    (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 must 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 must 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 through 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;
    (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 per person is 12 male 
crabs with a shell width 5\1/2\ inches or greater.
    (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 must 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 must have all bait and 
bait containers removed and all doors secured fully open;
    (C) You may take crabs only from June 1 through 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 must 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] North latitude, 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] North latitude, the daily harvest 
and possession limit is six male crabs per person;
    (B) All crab pots used for subsistence fishing and left in 
saltwater unattended longer than a 2-week period must have all bait and 
bait containers removed and all doors secured fully open;
    (C) In waters south of 60[deg] North latitude, you may take crab 
only from June 1 through 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] North latitude, the daily harvest 
and possession limit is 12 male Tanner crabs.

    Dated: January 30, 2007.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
    Dated: January 30, 2007.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 07-1166 Filed 3-15-07; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P