[Federal Register Volume 73, Number 51 (Friday, March 14, 2008)]
[Rules and Regulations]
[Pages 13761-13780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5130]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[FWS-R7-SM-2008-0021; 70101-1335-0064L6]
 RIN 1018-AU71


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C and Subpart D--2008-09 Subsistence Taking of Fish and 
Shellfish Regulations

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

ACTION: Final rule.

-----------------------------------------------------------------------

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 2008-09 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 D--2007-08 Subsistence Taking of Fish 
and Wildlife Regulations,'' which expire on March 31, 2008.

DATES: This rule is effective April 1, 2008, through March 31, 2009.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 3601 C Street, Suite 1030, 
Anchorage, AK 99503, or on the Office of Subsistence Management Web 
site (http://alaska.fws.gov/asm/home.html).

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, Subsistence 
Program Leader, USDA, Forest Service, Alaska Region, (907) 786-3592.

SUPPLEMENTARY INFORMATION:

Background

    In Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that ``the situation 
in Alaska is unique in that, in most cases, no practical alternative 
means are available to replace the food supplies and other items 
gathered from fish and wildlife which supply rural residents dependent 
on subsistence uses * * *'' and that ``continuation of the opportunity 
for subsistence uses of resources on public and other lands in Alaska 
is threatened * * *.'' As a result, Title VIII requires, among other 
things, 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 
Federal public lands and waters in Alaska, unless the State of Alaska 
enacts and implements laws of general applicability that are consistent 
with ANILCA and that provide for the subsistence definition, 
preference, and participation specified in Sections 803, 804, and 805 
of ANILCA.
    The State implemented a program that the Department of the Interior 
previously found to be consistent with ANILCA. However, in December 
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska 
that the rural preference in the State subsistence statute violated the 
Alaska Constitution. The Court's ruling in McDowell required the State 
to delete the rural preference from its 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, on July 1, 1990, the 
Department of the Interior and the Department of Agriculture 
(Departments) assumed responsibility for implementation of Title VIII 
of ANILCA on public lands and waters. In anticipation of carrying out 
this responsibility, the Departments published temporary subsistence 
management regulations for public lands in Alaska in the Federal 
Register on June 29, 1990 (55 FR 27114). Because the State was unable 
to create a program in compliance with Title VIII, the Departments 
published final subsistence management regulations in the Federal 
Register in 1992 (57 FR 22940, May 29, 1992).
    As a result of this joint process between Interior and Agriculture, 
these regulations can be found in two titles of the Code of Federal 
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' 
and title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 
100.1-28, respectively. The regulations contain subparts as follows: 
Subpart A, General Provisions; subpart B, Program Structure; subpart C, 
Board Determinations; and subpart D, Subsistence Taking of Fish and 
Wildlife.
    Consistent with subparts A, B, and C of these regulations, as 
revised May 7,

[[Page 13762]]

2007 (72 FR 25688), 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, U.S. Forest Service.
    Through the Board, these agencies participate in the development of 
regulations for subparts A, B, and C, which set forth and guide the 
program, and the subpart D regulations, which are revised annually.

Federal Subsistence Regional Advisory Councils

    The Federal subsistence management regulations divide Alaska into 
10 subsistence resource regions, each of which is represented by a 
Federal Subsistence Regional Advisory Council (Regional Council) (36 
CFR 242.11 and 50 CFR 100.11). The Regional Councils provide a forum 
for rural residents, who have personal knowledge of local conditions 
and resource requirements, to have a meaningful role in the subsistence 
management of fish and wildlife on Alaska public lands and waters. The 
Regional Council members represent varied geographical, cultural, and 
user diversity within each region.
    Because the subpart D regulations, which establish seasons and 
harvest limits and methods and means, are subject to an annual cycle, 
they require development of an entire new rule each year. Customary and 
traditional use determinations (subpart C) are subject to an annual 
review process providing for modification each year. Section .24 
(customary and traditional use determinations) was originally published 
in the Federal Register on May 29, 1992 (57 FR 22940). The regulations 
at 36 CFR 242.4 and 50 CFR 100.4 define ``customary and traditional 
use'' as ``a long-established, consistent pattern of use, incorporating 
beliefs and customs which have been transmitted from generation to 
generation * * *.'' Since that time, the Board has made a number of 
customary and traditional use determinations at the request of impacted 
subsistence users. Those modifications, along with some administrative 
corrections, were published in the Federal Register as follows:

                                         Modifications to Sec.  ----.24
----------------------------------------------------------------------------------------------------------------
                                                                Rule made changes to the following provisions of
      Federal Register citation          Date of publication                        ----.24:
----------------------------------------------------------------------------------------------------------------
59 FR 27462..........................  May 27, 1994...........  Wildlife and Fish/Shellfish.
59 FR 51855..........................  October 13, 1994.......  Wildlife and Fish/Shellfish.
60 FR 10317..........................  February 24, 1995......  Wildlife and Fish/Shellfish.
61 FR 39698..........................  July 30, 1996..........  Wildlife and Fish/Shellfish.
62 FR 29016..........................  May 29, 1997...........  Wildlife and Fish/Shellfish.
63 FR 35332..........................  June 29, 1998..........  Wildlife and Fish/Shellfish.
63 FR 46148..........................  August 28, 1998........  Wildlife and Fish/Shellfish.
64 FR 1276...........................  January 8, 1999........  Fish/Shellfish.
64 FR 35776..........................  July 1, 1999...........  Wildlife.
65 FR 40730..........................  June 30, 2000..........  Wildlife.
66 FR 10142..........................  February 13, 2001......  Fish/Shellfish.
66 FR 33744..........................  June 25, 2001..........  Wildlife.
67 FR 5890...........................  February 7, 2002.......  Fish/Shellfish.
67 FR 43710..........................  June 28, 2002..........  Wildlife.
68 FR 7276...........................  February 12, 2003......  Fish/Shellfish.
----------------------------------------------------------------------------------------------------------------
Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use
 determinations.
----------------------------------------------------------------------------------------------------------------
69 FR 5018...........................  February 3, 2004.......  Fish/Shellfish.
69 FR 40174..........................  July 1, 2004...........  Wildlife.
70 FR 13377..........................  March 21, 2005.........  Fish/Shellfish.
70 FR 36268..........................  June 22, 2005..........  Wildlife.
71 FR 15569..........................  March 29, 2006.........  Fish/Shellfish.
71 FR 37642..........................  June 30, 2006..........  Wildlife.
72 FR 12676..........................  March 16, 2007.........  Fish/Shellfish.
72 FR 73426..........................  December 27, 2007......  Wildlife/Fish.
----------------------------------------------------------------------------------------------------------------

Current Rule

    The Departments published a proposed rule on December 19, 2006 (71 
FR 75899), to amend subparts C and D of 36 CFR 242 and 50 CFR 100. The 
proposed rule opened a comment period, which closed on March 23, 2007. 
The Departments advertised the proposed rule 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 17 proposals 
for changes and 1 proposal deferred from the previous cycle to subparts 
C and D. After the proposal period closed, the Board prepared a booklet 
describing the proposals and distributed them to the public; this was 
also available online. The public then had an additional 30 days in 
which to comment on the proposals for changes to the regulations.
    The 10 Regional Councils met again, received public comments, and 
formulated their recommendations to the Board on proposals for their 
respective regions. The Regional Councils had a substantial role in 
reviewing the proposed rule and making recommendations for the final 
rule. Moreover, a Council Chair, or a designated representative, 
presented each Council's recommendations at the Board meeting of 
December 11-13, 2007. These final regulations reflect Board review and 
consideration of Regional Council recommendations and public comments. 
The public has had

[[Page 13763]]

extensive opportunity to review and comment on all changes.
    Of the 18 proposals, including one that had been deferred the 
previous cycle, the Board adopted 8, rejected 7, took no action on 2, 
and deferred 1. Of the eight adopted proposals, four were with 
modifications. The Board took no action on two proposals due to action 
that they had taken on other similar proposals and then deferred one 
proposal to allow collection of additional information.

Summary of Proposals Rejected by the Board

    The Board rejected, deferred, or took no action on 10 proposals. 
The rejected proposals were recommended for rejection by at least one 
of the Regional Councils, except for the two as noted in the summary. 
Detailed information relating to justification for the action on each 
proposal may be found in the Board meeting materials and transcripts, 
available for review at the Office of Subsistence Management, 3601 C 
Street, Suite 1030, Anchorage, Alaska 99503, or on the Office of 
Subsistence Management Web site (http://alaska.fws.gov/asm/home.html).
     The Board rejected one proposal to have ``no Federal 
subsistence priority'' for customary and traditional use determination 
for the Juneau road system area as unnecessarily restrictive for 
subsistence users.
     The Board rejected one proposal to close the subsistence 
steelhead fishery on the Admiralty, Baranof, and Chichagof Islands as 
unnecessarily restrictive for subsistence users.
     The Board rejected one proposal to close commercial 
herring fishing in Federal public waters in the Makhnati Island area, 
contrary to the recommendation of the Southeast Council, based on a 
lack of substantial evidence to support the closure.
     The Board rejected one proposal to allow dipnetting from 
the banks of the Kenai River at the Moose Range Meadows site, contrary 
to the recommendation of the Southcentral Council, based on 
conservation concerns.
     The Board rejected two proposals, one that would restrict 
gillnet mesh size and one to restrict gillnet depth on the Yukon River, 
at the request of two Councils and contrary to one Council's 
recommendation. The Board based its decisions on the need for 
additional evidence to support the proposals and a concern for 
unnecessary restrictions on subsistence users.
     The Board deferred one proposal concerning elders fishing 
on the Yukon River for a year to allow the proponent more time to 
address and further review the implications and issues related to who 
could or could not assist the elder while fishing.

Summary of Proposals Adopted by the Board

    The Board adopted eight proposals. Four of these proposals were 
adopted as submitted, and four were adopted with modifications 
suggested by the respective Regional Council, modifications developed 
during the analysis process, or modifications developed during the 
Board's public deliberations.
    All of the adopted proposals were recommended for adoption by at 
least one of the Regional Councils, although further modifications were 
made to some during Board deliberations, and were based on harvest 
practices or on protecting fish populations. Detailed information 
relating to justification for the action on each proposal may be found 
in the Board meeting materials and transcripts, available for review at 
the Office of Subsistence Management, 3601 C Street, Suite 1030, 
Anchorage, Alaska 99503, or on the Office of Subsistence Management Web 
site (http://alaska.fws.gov/asm/home.html).
    The Board adopted regulations pertaining to specific management 
areas as follows:

Yakutat Fishery Management Area

     Removed the prohibition against subsistence fishing 48 
hours before and after commercial fishing periods in the Yakutat area.

Southeast Alaska Fishery Management Area

     Rescinded the closure to non-Federally qualified 
subsistence users for the taking of sockeye salmon in the Falls Lake, 
Gut Bay Lake and Bay of Pillars drainages.
     Changed the starting date of the subsistence coho salmon 
fishery and changed the permit requirements to allow issuance of an 
annual permit for the Stikine River.

Alaska Peninsula Fishery Management Area

     Allowed the taking of salmon in the Alaska Peninsula and 
Chignik Areas without a permit by snagging, using a spear, bow and 
arrow, or by capturing by hand.

Bristol Bay Fishery Management Area

     Allowed the use of fyke nets and leads in the tributaries 
of Lake Clark and Sixmile Lake by Federal permit.

Cook Inlet Fishery Management Area

     Created a temporary 3-year salmon fish wheel fishery on 
the Kasilof River for residents of Ninilchik.

Yukon-Northern Fishery Management Area

     Expanded the fishing time for the Federal drift gillnet 
fishery in a portion of the Yukon River.
    A clarification of the regulations for the Southeast Alaska area 
was made to show that there is no subsistence salmon fishery in the 
Taku River. This is because no subsistence salmon fishery is authorized 
by the Pacific Salmon Treaty and its annexes.
    These final regulations reflect Board review and consideration of 
Regional Council recommendations and public comments. All Board members 
have reviewed this rule and agree with its substance. Because this rule 
concerns public lands managed by an agency or 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.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

    The Board has provided extensive opportunity for public input and 
involvement in compliance with Administrative Procedure Act 
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. Therefore, we believe that sufficient 
public notice has been given to affected persons about the Board 
decisions.
    In the more than 17 years the Program has been operating, no 
benefit to the public has been demonstrated by delaying the effective 
date of the subsistence regulations. A lapse in regulatory control 
could affect the continued viability of fish or wildlife populations 
and 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)(3) to make this rule 
effective upon the date set forth in DATES to ensure continued 
operation of the subsistence program.

[[Page 13764]]

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 analyses 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 public comments received, analysis contained in the FEIS, 
and 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, implemented the Federal Subsistence Management Program and 
included a framework for an annual cycle for subsistence hunting and 
fishing regulations. The following Federal Register documents pertain 
to this rulemaking:

       Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents Pertaining to the Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Federal Register citation           Date of publication            Category                                     Details
--------------------------------------------------------------------------------------------------------------------------------------------------------
57 FR 22940..........................  May 29, 1992............  Final Rule.............  ``Subsistence Management Regulations for Public Lands in
                                                                                           Alaska; Final Rule'' was published in the Federal Register.
64 FR 1276...........................  January 8, 1999.........  Final Rule.............  Amended the regulations to include subsistence activities
                                                                                           occurring on inland navigable waters in which the United
                                                                                           States has a reserved water right and to identify specific
                                                                                           Federal land units where reserved water rights exist.
                                                                                           Extended the Federal Subsistence Board's management to all
                                                                                           Federal lands selected under the Alaska Native Claims
                                                                                           Settlement Act and the Alaska Statehood Act and situated
                                                                                           within the boundaries of a Conservation System Unit, National
                                                                                           Recreation Area, National Conservation Area, or any new
                                                                                           national forest or forest addition, until conveyed to the
                                                                                           State of Alaska or to an Alaska Native Corporation. Specified
                                                                                           and clarified the Secretaries' authority to determine when
                                                                                           hunting, fishing, or trapping activities taking place in
                                                                                           Alaska off the public lands interfere with the subsistence
                                                                                           priority.
66 FR 31533..........................  June 12, 2001...........  Interim Rule...........  Expanded the authority that the Board may delegate to agency
                                                                                           field officials and clarified the procedures for enacting
                                                                                           emergency or temporary restrictions, closures, or openings.
67 FR 30559..........................  May 7, 2002.............  Final Rule.............  Amended the operating regulations in response to comments on
                                                                                           the June 12, 2001, interim rule. Also corrected some
                                                                                           inadvertent errors and oversights of previous rules.
68 FR 7703...........................  February 18, 2003.......  Direct Final Rule......  Clarified how old a person must be to receive certain
                                                                                           subsistence use permits and removed the requirement that
                                                                                           Regional Councils must have an odd number of members.
68 FR 23035..........................  April 30, 2003..........  Affirmation of Direct    Because we received no adverse comments on the direct final
                                                                  Final Rule.              rule (67 FR 30559), we adopted the direct final rule.
69 FR 60957..........................  October 14, 2004........  Final Rule.............  Clarified the membership qualifications for Regional Advisory
                                                                                           Council membership and relocated the definition of
                                                                                           ``regulatory year'' from subpart A to subpart D of the
                                                                                           regulations.
70 FR 76400..........................  December 27, 2005.......  Final Rule.............  Revised jurisdiction in marine waters and clarified
                                                                                           jurisdiction relative to military lands.

[[Page 13765]]

 
71 FR 49997..........................  August 24, 2006.........  Final Rule.............  Revised the jurisdiction of the subsistence program by adding
                                                                                           submerged lands and waters in the area of Makhnati Island,
                                                                                           near Sitka, AK. This allowed subsistence users to harvest
                                                                                           marine resources in this area under seasons, harvest limits,
                                                                                           and methods specified in the regulations.
72 FR 25688..........................  May 7, 2007.............  Final Rule.............  Revised nonrural determinations.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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, 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

    This rule does not contain any new information collection 
requirements that need Office of Management and Budget (OMB) approval 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
This rule applies to the use of public lands in Alaska. The information 
collection requirements described in this rule are already approved by 
OMB and have been assigned 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

    Economic Effects--This rule is not a significant rule subject to 
OMB review under Executive Order 12866. This rulemaking will impose no 
significant costs on small entities; this rule does not restrict any 
existing sport or commercial fishery or hunting and trapping on the 
public lands, and subsistence fisheries will continue at essentially 
the same levels as they presently occur. The number of businesses and 
the amount of trade that will result from this Federal land-related 
activity is unknown but expected to be insignificant.
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of regulatory 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 sporting goods, ammunition, 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.
    This rule benefits those participants who engage in the subsistence 
harvest of fish and wildlife in Alaska in two identifiable ways: first, 
participants get the consumptive value of the food harvested, and 
second, participants get the cultural benefit associated with the 
maintenance of a subsistence lifestyle. We can estimate the consumptive 
value for fish and wildlife harvested under this rule but can place no 
dollar value on the maintenance of a subsistence lifestyle. However, we 
estimate that 8.7 million pounds of fish and wildlife are harvested by 
the local subsistence users annually and, if based on a replacement 
value of $5.00 per pound, would equate to $43.5 million in food value 
Statewide. The cultural benefits of maintaining a subsistence lifestyle 
can also be of considerable value to the participants.
    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence preference on public lands. The scope of this program is 
limited by definition to certain public lands. Likewise, these 
regulations have no potential implications for takings of private 
property 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 regulations meet the 
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
Order 12988 on 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 subsistence management authority over fish and wildlife 
resources on Federal lands unless the State's program is compliant with 
the requirements of that Title.
    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,

[[Page 13766]]

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, no Statement of Energy Effects is 
required.

Drafting Information

    Theo Matuskowitz 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. 
Charles Ardizzone, Alaska State Office, Bureau of Land Management; 
Sandy Rabinowitch and Nancy Swanton, Alaska Regional Office, National 
Park Service; Drs. Warren Eastland and Glenn Chen, Alaska Regional 
Office, Bureau of Indian Affairs; Jerry Berg and Carl Jack, Alaska 
Regional Office, U.S. Fish and Wildlife Service; and Steve Kessler, 
Alaska Regional Office, U.S. Forest Service, provided additional 
assistance.

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 D--Subsistence Taking of Fish and Wildlife

0
2. In subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. ----.27 is 
revised 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 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,

[[Page 13767]]

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) 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.
    (17) 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.
    (18) 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.
    (19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other 
purposes, whitefish, herring, and species for which harvest limits, 
seasons, or other regulatory methods and means are not provided in this 
section, as well as the head, tail, fins, and viscera of legally taken 
subsistence fish.
    (20) 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 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,

[[Page 13768]]

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--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

[[Page 13769]]

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 6:00 p.m. Sunday until 6:00 p.m. Tuesday and from 6:00 p.m. 
Wednesday until 6:00 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 weekly subsistence fishing 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.
    (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;

[[Page 13770]]

    (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 9:00 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.
    (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

[[Page 13771]]

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.
    (E) You may also take fish (except rainbow trout) with a fyke net 
and lead in tributaries of Lake Clark and the tributaries of Sixmile 
Lake within and adjacent to the exterior boundaries of Lake Clark 
National Park and Preserve unless otherwise prohibited.
    (1) You may use a fyke net and lead only with a permit issued by 
the Federal in-season manager.
    (2) All fyke nets and leads must be attended at all times while in 
use.
    (3) All materials used to construct the fyke net and lead must be 
made of wood and be removed from the water when the fyke net and lead 
is no longer in use.
    (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 State 
subsistence salmon permit (permits are issued by ADF&G) except when 
using a Federal permit for fyke net and lead.
    (xv) Only one State subsistence fishing permit for salmon and one 
Federal permit for use of a fyke net and lead for all fish (except 
rainbow trout) 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 6:00 a.m. until 9:00 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

[[Page 13772]]

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;
    (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. You may also take 
salmon without a permit by snagging (by handline or rod and reel), 
using a spear, bow and arrow, or capturing by bare hand.
    (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. You may also take salmon without a 
permit by snagging (by handline or rod and reel), using a spear, bow 
and arrow, or capturing by bare hand.
    (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

[[Page 13773]]

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]51.10' N.Lat.) and a line extending south from Cape Fairfield 
(148[deg]50.25' W. Long.).
    (i) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, you may take fish at any 
time in the Cook Inlet Area. If you take rainbow/steelhead trout 
incidentally in subsistence net fisheries, you may retain them for 
subsistence purposes, unless otherwise prohibited or provided for in 
this section. With jigging gear through the ice or rod and reel gear in 
open waters there is an annual limit of 2 rainbow/steelhead trout 20 
inches or longer, taken from Kenai Peninsula fresh waters.
    (ii) 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).
    (iii) You may not take grayling or burbot for subsistence purposes.
    (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 and 5 AAC 57) unless modified herein. 
Additionally for Federally managed waters of the Kasilof and Kenai 
River drainages:
    (A) Residents of Ninilchik may take sockeye, Chinook, coho, and 
pink salmon through a dip net and a rod and reel fishery on the upper 
mainstem of the Kasilof River from a Federal regulatory marker on the 
river below the outlet of Tustumena Lake downstream to a marker on the 
river at Silver Salmon Rapids. Residents using rod and reel gear may 
fish with up to 2 baited single or treble hooks. Other species 
incidentally caught during the dip net and rod and reel fishery may be 
retained for subsistence uses, including up to 200 rainbow/steelhead 
trout taken through August 15. After 200 rainbow/steelhead trout have 
been taken in this fishery or after August 15, all rainbow/steelhead 
trout must be released unless otherwise provided for in this section. 
Before leaving the fishing site, all retained fish must be recorded on 
the permit and marked by removing the dorsal fin. Harvests must be 
reported within 72 hours to the Federal fisheries manager upon leaving 
the fishing location.
    (1) Fishing for sockeye and Chinook salmon will be allowed from 
June 16-August 15.
    (2) Fishing for coho and pink salmon will be allowed from June 16-
October 31.
    (3) Fishing for sockeye, Chinook, coho, or pink salmon will end 
prior to regulatory end dates if the annual total harvest limit for 
that species is reached or superseded by Federal special action.
    (4) Each household may harvest their annual sockeye, Chinook, coho, 
or pink salmon limits in one or more days, and each household member 
may fish with a dip net or a rod and reel during this time. Salmon 
taken in the Kenai River system dip net and rod and reel fishery will 
be included as part of each household's annual limit for the Kasilof 
River.
    (i) For sockeye salmon--annual total harvest limit of 4,000; annual 
household limits of 25 for each permit holder and 5 additional for each 
household member;
    (ii) For Chinook salmon--annual harvest limit of 500; annual 
household limit of 10 for each permit holder and 2 additional for each 
household member;
    (iii) For coho salmon--annual total harvest limit of 500; annual 
household limits of 10 for each permit holder and 2 additional for each 
household member; and
    (iv) For pink salmon--annual total harvest limit of 500; annual 
household limits of 10 for each permit holder and 2 additional for each 
household member.
    (B) In addition to the dip net and rod and reel fishery on the 
upper mainstem of the Kasilof River described under paragraph 
(i)(10)(iv)(A) of this section, residents of Ninilchik may also take 
coho and pink salmon through a rod and reel fishery in Tustumena Lake. 
Before leaving the fishing site, all retained salmon must be recorded 
on the permit and marked by removing the dorsal fin. Seasons, areas, 
harvest and possession limits, and methods and means for take are the 
same as for the taking of these species under Alaska sport fishing 
regulations (5 AAC 56), except for the following methods and means, and 
bag and possession limits:
    (1) Fishing will be allowed with up to 2 baited single or treble 
hooks.
    (2) For coho salmon 16 inches and longer, the daily bag and 
possession limits are 4 per day and 4 in possession.
    (3) For pink salmon 16 inches and longer, daily bag and possession 
limits are 6 per day and 6 in possession.
    (C) Resident fish species including lake trout, rainbow/steelhead 
trout, and Dolly Varden/Arctic char may be harvested in Federally 
managed waters of the Kasilof River drainage. Resident fish species 
harvested in the Kasilof River drainage under the conditions of a 
Federal subsistence permit must be marked by removing the dorsal fin 
immediately after harvest and recorded on the permit prior to leaving 
the fishing site.
    (1) Lake trout may be harvested with rod and reel gear the entire 
year. For fish 20 inches or longer, daily bag and possession limits are 
4 per day and 4 in possession. For fish less than 20 inches, daily bag 
and possession limits are 15 per day and 15 in possession.
    (2) Dolly Varden/Arctic char may be harvested with rod and reel 
gear the entire year. In flowing waters, daily bag and possession 
limits are 4 per day and 4 in possession. In lakes and ponds, daily bag 
and possession limits are 10 fish per day and 10 in possession.
    (3) Rainbow trout may be harvested with rod and reel gear the 
entire year for fish less than 20 inches in length. In flowing waters, 
daily bag and possession limits are 2 per day and 2 in possession. In 
lakes and ponds, daily bag and possession limits are 5 per day and 5 in 
possession.
    (4) You may fish in Tustumena Lake with a gillnet, no longer than 
10 fathoms, fished under the ice or jigging gear used through the ice 
under authority of a Federal subsistence fishing permit. The total 
annual harvest quota for this fishery is 200 lake trout, 200 rainbow 
trout, and 500 Dolly Varden/Arctic char. The use of a gillnet will be 
prohibited by special action after the harvest quota of any species has 
been met. For the jig fishery, annual household limits are 30 fish in 
any combination of lake trout, rainbow trout or Dolly Varden/Arctic 
char.
    (i) You may harvest fish under the ice only in Tustumena Lake. 
Gillnets are not allowed within a \1/4\ mile radius of the mouth of any 
tributary to Tustumena Lake, or the outlet of Tustumena Lake.
    (ii) Permits will be issued by the Federal fisheries manager or 
designated representative, and will be valid for the

[[Page 13774]]

winter season, unless the season is closed by special action.
    (iii) All harvests must be reported within 72 hours to the Federal 
fisheries manager upon leaving the fishing location. Reported 
information must include number of each species caught; number of each 
species retained; length, depth (number of meshes deep) and mesh size 
of gillnet fished; location fished; and total hours fished. Harvest 
data on the permit must be filled out before transporting fish from the 
fishing area.
    (iv) The gillnet must be checked at least once in every 48-hour 
period.
    (v) For unattended gear, the permittee's name and address must be 
plainly and legibly inscribed on a stake at one end of the gillnet.
    (vi) Incidentally caught fish may be retained and must be recorded 
on the permit.
    (vii) Failure to return the completed harvest permit by May 31 may 
result in issuance of a violation notice and/or denial of a future 
subsistence permit.
    (D) Residents of Hope, Cooper Landing, and Ninilchik may take only 
sockeye salmon through a dip net and a rod and reel fishery at one 
specified site on the Russian River, and sockeye, late-run Chinook, 
coho, and pink salmon through a dip net/rod and reel fishery at two 
specified sites on the Kenai River below Skilak Lake and as provided in 
this section. For Ninilchik residents, salmon taken in the Kasilof 
River Federal subsistence fish wheel, and dip net/rod and reel fishery 
will be included as part of each household's annual limit for the Kenai 
and Russian Rivers' dip net and rod and reel fishery. For both Kenai 
River fishing sites below Skilak Lake, incidentally caught fish may be 
retained for subsistence uses, except for early-run Chinook salmon 
(unless otherwise provided for), rainbow trout 18 inches or longer, and 
Dolly Varden 18 inches or longer, which must be released. For the 
Russian River fishing site, incidentally caught fish may be retained 
for subsistence uses, except for early- and late-run Chinook salmon, 
coho salmon, rainbow trout, and Dolly Varden, which must be released. 
Before leaving the fishing site, all retained fish must be recorded on 
the permit and marked by removing the dorsal fin. Harvests must be 
reported within 72 hours to the Federal fisheries manager upon leaving 
the fishing site, and permits must be returned to the manager at the 
end of the season. Chum salmon that are retained are to be included 
within the annual limit for sockeye salmon. Only residents of Hope and 
Cooper Landing may retain incidentally caught resident species.
    (1) The household dip net and rod and reel gear fishery is limited 
to three sites:
    (i) At the Kenai River Moose Range Meadows site, dip netting is 
allowed only from a boat from a Federal regulatory marker on the Kenai 
River at about river mile 29 downstream approximately 2.5 miles to 
another marker on the Kenai River at about river mile 26.5. Residents 
using rod and reel gear at this fishery site may fish from boats or 
from shore with up to 2 baited single or treble hooks from June 15-
August 31. Seasonal riverbank closures and motor boat restrictions are 
the same as those listed in State of Alaska fishing regulations (5 AAC 
56 and 5 AAC 57 and 5 AAC 77.540).
    (ii) At the Kenai River Mile 48 site, dip netting is allowed while 
either standing in the river or from a boat, from Federal regulatory 
markers on both sides of the Kenai River at about river mile 48 
(approximately 2 miles below the outlet of Skilak Lake) downstream 
approximately 2.5 miles to a marker on the Kenai River at about river 
mile 45.5. Residents using rod and reel gear at this fishery site may 
fish from boats or from shore with up to 2 baited single or treble 
hooks from June 15-August 31. Seasonal riverbank closures and motor 
boat restrictions are the same as those listed in State of Alaska 
fishing regulations (5 AAC 56, 5 AAC 57, and 5 AAC 77.540).
    (iii) At the Russian River Falls site, dip netting is allowed from 
a Federal regulatory marker near the upstream end of the fish ladder at 
Russian River Falls downstream to a Federal regulatory marker 
approximately 600 yards below Russian River Falls. Residents using rod 
and reel gear at this fishery site may not fish with bait at any time.
    (2) Fishing seasons are as follows:
    (i) For sockeye salmon at all fishery sites: June 15-August 15;
    (ii) For late-run Chinook, pink, and coho salmon at both Kenai 
River fishery sites only: July 16-September 30; and
    (iii) Fishing for sockeye, late-run Chinook, coho, or pink salmon 
will close by special action prior to regulatory end dates if the 
annual total harvest limit for that species is reached or superseded by 
Federal special action.
    (3) Each household may harvest their annual sockeye, late-run 
Chinook, coho, or pink salmon limits in one or more days, and each 
household member may fish with a dip net or rod and reel during this 
time. Salmon taken in the Kenai River system dip net and rod and reel 
fishery by Ninilchik households will be included as part of those 
household's annual limits for the Kasilof River.
    (i) For sockeye salmon--annual total harvest limit of 4,000 
(including any retained chum salmon); annual household limits of 25 for 
each permit holder and 5 additional for each household member;
    (ii) For late-run Chinook salmon--annual total harvest limit of 
1,000; annual household limits of 10 for each permit holder and 2 
additional for each household member;
    (iii) For coho salmon--annual total harvest limit of 3,000; annual 
household limits of 20 for each permit holder and 5 additional for each 
household member; and
    (iv) For pink salmon--annual total harvest limit of 2,000; annual 
household limits of 15 for each permit holder and 5 additional for each 
household member.
    (E) For Federally managed waters of the Kenai River and its 
tributaries, in addition to the dip net and rod and reel fisheries on 
the Kenai and Russian rivers described under paragraph (i)(10)(iv)(D) 
of this section, residents of Hope, Cooper Landing, and Ninilchik may 
take sockeye, Chinook, coho, pink, and chum salmon through a separate 
rod and reel fishery in the Kenai River drainage. Before leaving the 
fishing site, all retained fish must be recorded on the permit and 
marked by removing the dorsal fin. Permits must be returned to the 
Federal fisheries manager at the end of the fishing season. 
Incidentally caught fish, other than salmon, are subject to regulations 
found in paragraphs (i)(10)(iv)(F) and (G) of this section. Seasons, 
areas (including seasonal riverbank closures), harvest and possession 
limits, and methods and means (including motor boat restrictions) for 
take are the same as for the taking of these salmon species under State 
of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC 77.54), 
except for the following bag and possession limits:
    (1) In the Kenai River below Skilak Lake, fishing is allowed with 
up to 2 baited single or treble hooks from June 15-August 31.
    (2) For early-run Chinook salmon less than 44 inches or 55 inches 
or longer, daily bag and possession limits are 2 per day and 2 in 
possession.
    (3) For late-run Chinook salmon 20 inches and longer, daily bag and 
possession limits are 2 per day and 2 in possession.
    (4) Annual harvest limits for any combination of early- and late-
run Chinook salmon are 4 for each permit holder.

[[Page 13775]]

    (5 ) For other salmon 16 inches and longer, the combined daily bag 
and possession limits are 6 per day and 6 in possession, of which no 
more than 4 per day and 4 in possession may be coho salmon, except for 
the Sanctuary Area and Russian River, for which no more than 2 per day 
and 2 in possession may be coho salmon.
    (F) For Federally managed waters of the Kenai River and its 
tributaries below Skilak Lake outlet at river mile 50, residents of 
Hope and Cooper Landing may take resident fish species including lake 
trout, rainbow trout, and Dolly Varden/Arctic char with jigging gear 
through the ice or rod and reel gear in open waters. Resident fish 
species harvested in the Kenai River drainage under the conditions of a 
Federal subsistence permit must be marked by removal of the dorsal fin 
immediately after harvest and recorded on the permit prior to leaving 
the fishing site. Seasons, areas (including seasonal riverbank 
closures), harvest and possession limits, and methods and means 
(including motor boat restrictions) for take are the same as for the 
taking of these resident species under State of Alaska fishing 
regulations (5 AAC 56, 5 AAC 57, and 5 AAC 77.54), except for the 
following bag and possession limits:
    (1 ) For lake trout 20 inches or longer, daily bag and possession 
limits are 4 per day and 4 in possession. For fish less than 20 inches, 
daily bag and possession limits are 15 per day and 15 in possession.
    (2 ) In flowing waters, daily bag and possession limits for Dolly 
Varden/Arctic char less than 18 inches in length are 1 per day and 1 in 
possession. In lakes and ponds, daily bag and possession limits are 2 
per day and 2 in possession. Only 1 of these fish can be 20 inches or 
longer.
    (3 ) In flowing waters, daily bag and possession limits for 
rainbow/steelhead trout are 1 per day and 1 in possession and must be 
less than 18 inches in length. In lakes and ponds, daily bag and 
possession limits are 2 per day and 2 in possession of which only 1 
fish 20 inches or longer may be harvested daily.
    (G) For Federally managed waters of the upper Kenai River and its 
tributaries above Skilak Lake outlet at river mile 50, residents of 
Hope and Cooper Landing may take resident fish species including lake 
trout, rainbow trout, and Dolly Varden/Arctic char with jigging gear 
through the ice or rod and reel gear in open waters. Resident fish 
species harvested in the Kenai River drainage under the conditions of a 
Federal subsistence permit must be marked by removal of the dorsal fin 
immediately after harvest and recorded on the permit prior to leaving 
the fishing site. Seasons, areas (including seasonal riverbank 
closures), harvest and possession limits, and methods and means 
(including motor boat restrictions) for take are the same as for the 
taking of these resident species under Alaska fishing regulations (5 
AAC 56, 5 AAC 57, 5 AAC 77.54), except for the following bag and 
possession limits:
    (1 ) For lake trout 20 inches or longer, daily bag and possession 
limits are 4 per day and 4 in possession. For fish less than 20 inches, 
daily bag and possession limits are 15 fish per day and 15 in 
possession. For Hidden Lake, daily limits are 4 per day and 4 in 
possession regardless of size.
    (2 ) In flowing waters, daily bag and possession limits for Dolly 
Varden/Arctic char less than 16 inches are 1 per day and 1 in 
possession. In lakes and ponds, daily bag and possession limits are 2 
per day and 2 in possession of which only 1 fish 20 inches or longer 
may be harvested daily.
    (3 ) In flowing waters, daily bag and possession limits for 
rainbow/steelhead trout are 1 per day and 1 in possession and it must 
be less than 16 inches in length. In lakes and ponds, daily bag and 
possession limits are 2 per day and 2 in possession of which only 1 
fish 20 inches or longer may be harvested daily.
    (H) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon through a fish wheel fishery in the Federal public waters 
of the upper mainstem of the Kasilof River. Residents of Ninilchik may 
retain other species incidentally caught in the Kasilof River except 
for rainbow/steelhead trout, which must be released and returned 
unharmed to the water.
    (1 ) Only one fish wheel can be operated on the Kasilof River. The 
fish wheel must have a live box, must be monitored when fishing, must 
be stopped from fishing when it is not being monitored or used, and 
must be installed and operated in compliance with any regulations and 
restrictions for its use within the Kenai National Wildlife Refuge.
    (2 ) One registration permit will be available and will be awarded 
by the Federal in-season fishery manager, in consultation with the 
Kenai National Wildlife Refuge manager, based on the merits of the 
operation plan. The registration permit will be issued to an 
organization that, as the fish wheel owner, will be responsible for its 
construction, installation, operation, use, and removal in consultation 
with the Federal fishery manager. The owner may not rent or lease the 
fish wheel for personal gain. As part of the permit, the organization 
must:
    (i) Prior to the season, provide a written operation plan to the 
Federal fishery manager including a description of how fishing time and 
fish will be offered and distributed among households and residents of 
Ninilchik;
    (ii) During the season, mark the fish wheel with a wood, metal, or 
plastic plate at least 12 inches high by 12 inches wide that is 
permanently affixed and plainly visible, and that contains the 
following information in letters and numerals at least 1 inch high: 
registration permit number; organization's name and address; and 
primary contact person name and telephone number;
    (iii) After the season, provide written documentation of required 
evaluation information to the Federal fishery manager including, but 
not limited to, person or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (3 ) People operating the fish wheel must:
    (i) Have a valid Federal subsistence fishing permit in their 
possession;
    (ii) If they are not the fishwheel owner, attach an additional 
wood, metal, or plastic plate at least 12 inches high by 12 inches wide 
to the fish wheel that is plainly visible, and that contains their 
fishing permit number, name, and address in letters and numerals at 
least 1 inch high;
    (iii) Remain on site to monitor the fish wheel and remove all fish 
at least every hour;
    (iv) Before leaving the site, mark all retained fish by removing 
their dorsal fin and record all retained fish on their fishing permit; 
and
    (v) Within 72 hours of leaving the site, report their harvest to 
the Federal fisheries manager.
    (4) The fish wheel owner (organization) may operate the fish wheel 
for subsistence purposes on behalf of residents of Ninilchik by 
requesting a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for operating the 
fish wheel;
    (ii) Includes provisions for recording daily catches, the household 
to whom the catch was given, and other information determined to be 
necessary for effective resource management by the Federal fishery 
manager.
    (5) Fishing will be allowed from June 16 through October 31 on the 
Kasilof River unless closed or otherwise restricted by Federal special 
action.
    (6) Salmon taken in the fish wheel fishery will be included as part 
of dip net/rod and reel fishery annual total harvest limits for the 
Kasilof River and as part of dip net/rod and reel

[[Page 13776]]

household annual limits of participating households.
    (7) Fishing for each salmon species will end and the fishery will 
be closed by Federal special action prior to regulatory end dates if 
the annual total harvest limit for that species is reached or 
superseded by Federal special action.
    (8) This regulation expires December 31, 2011, or 3 years after the 
first installation of the fish wheel, which ever comes first, or unless 
renewed by the Federal Subsistence Board.
    (v) You may take smelt with dip nets in fresh water only from April 
1-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 and as otherwise provided for 
in this Cook Inlet section.
    (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(s) 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.
    (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

[[Page 13777]]

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 of the year the permit was issued;
    (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 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.
    (iii) 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.
    (iv) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit. 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.
    (v) 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.
    (vi) You may block up to two-thirds of a stream with a gillnet or 
seine used for subsistence fishing.
    (vii) You must immediately remove both lobes of the caudal (tail) 
fin from subsistence-caught salmon when taken.
    (viii) You may not possess subsistence-taken and sport-taken salmon 
on the same day.
    (ix) 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 than 22 inches in 
overall length. A steelhead is defined as a rainbow trout with an 
overall length of 22 inches or larger.
    (iv) 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.
    (A) 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.

[[Page 13778]]

    (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) The Sarkar River system above the bridge is closed to the 
use of all nets by both Federally qualified and non-Federally qualified 
users.
    (xiv) 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.
    (xv) 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. 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 1 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.
    (xvi) You may take coho salmon with a Federal salmon fishing 
permit. 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. There are specific rules to harvest any salmon on 
the Stikine River, and you must have a separate Stikine River 
subsistence salmon fishing permit to take salmon on the Stikine River.
    (xvii) Unless noted on a Federal subsistence harvest permit, there 
are no harvest limits for pink or chum salmon.
    (xviii) 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.
    (xix) 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.
    (xx) There is no subsistence fishery for any salmon on the Taku 
River.
    (A) The winter season is December 1 through the last day of 
February, with a harvest limit of two 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 five 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.
    (xx) 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;
    (F) The permit conditions and systems to receive special protection 
will be determined by the local Federal fisheries manager in 
consultation with ADF&G.

0
2. In Subpart D of 36 CFR part 242 and 50 CFR part 100, Sec.  ----.28 
is revised to read as follows:


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

[[Page 13779]]

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 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;

[[Page 13780]]

    (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.

    February 12, 2008.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
    February 12, 2008.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
 [FR Doc. E8-5130 Filed 3-13-08; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P