Rule: Alaska National Interest Lands Conservation Act: Fish and Shellfish Subsistence Taking

Friday,
March 16, 2007
Part II
Department of
Agriculture
Forest Service
36 CFR Part 242
Department of the
Interior
Fish and Wildlife Service
50 CFR Part 100

Subsistence Management Regulations for
Public Lands in Alaska, Subpart C and
Subpart D—2007–08 Subsistence Taking of
Fish and Shellfish Regulations; Final Rule
sroberts on PROD1PC70 with RULES
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12676 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations
DEPARTMENT OF AGRICULTURE enacts and implements laws of general Applicability of Subparts A, B, and C
applicability that are consistent with Subparts A, B, and C (unless
Forest Service ANILCA and that provide for the otherwise amended) of the Subsistence
subsistence definition, preference, and Management Regulations for Public
36 CFR Part 242 participation specified in Sections 803, Lands in Alaska, 50 CFR 100.1 to 100.23
804, and 805 of ANILCA. In 1978, the and 36 CFR 242.1 to 242.23, remain
DEPARTMENT OF THE INTERIOR State implemented a program that the effective and apply to this rule.
Department of the Interior found to be Therefore, all definitions located at 50
Fish and Wildlife Service consistent with ANILCA. However, in CFR 100.4 and 36 CFR 242.4 apply to
December 1989, the Alaska Supreme regulations found in this subpart.
50 CFR Part 100 Court ruled in McDowell v. State of
Alaska that the rural preference in the Federal Subsistence Regional Advisory
RIN 1018–AU57
State subsistence statute violated the Councils
Subsistence Management Regulations Alaska Constitution. The Court’s ruling Pursuant to the Record of Decision,
for Public Lands in Alaska, Subpart C in McDowell required the State to delete Subsistence Management Regulations
and Subpart D—2007–08 Subsistence the rural preference from the for Federal Public Lands in Alaska,
Taking of Fish and Shellfish subsistence statute and, therefore, April 6, 1992, and the Subsistence
Regulations negated State compliance with ANILCA. Management Regulations for Federal
The Court stayed the effect of the Public Lands in Alaska, 36 CFR 242.11
AGENCIES: Forest Service, Agriculture; decision until July 1, 1990. and 242.22 (2002) and 50 CFR 100.11
Fish and Wildlife Service, Interior. As a result of the McDowell decision, and 100.22 (2002), and for the purposes
ACTION: Final rule. the Department of the Interior and the identified therein, we divide Alaska into
Department of Agriculture 10 subsistence resource regions, each of
SUMMARY: This final rule establishes
(Departments) assumed, on July 1, 1990, which is represented by a Federal
regulations for seasons, harvest limits, responsibility for implementation of
methods, and means related to taking of Subsistence Regional Advisory Council
Title VIII of ANILCA on public lands. (Regional Council). The Regional
fish and shellfish for subsistence uses On June 29, 1990, the Temporary
during the 2007–08 regulatory year. The Councils provide a forum for rural
Subsistence Management Regulations residents with personal knowledge of
rulemaking is necessary because for Public Lands in Alaska were
Subpart D is subject to an annual public local conditions and resource
published in the Federal Register (55 requirements to exercise a meaningful
review cycle. This rulemaking replaces FR 27114). On January 8, 1999 (64 FR
the fish and shellfish taking regulations role in the subsistence management of
1276), the Departments extended fish and wildlife on Alaska public
included in the ‘‘Subsistence jurisdiction to include waters in which
Management Regulations for Public lands. The Regional Council members
there exists a Federal reserved water represent varied geographical, cultural,
Lands in Alaska, Subpart C and Subpart right. This amended rule conformed the
D—2006–07 Subsistence Taking of Fish and user diversity within each region.
Federal Subsistence Management The Regional Councils had a
and Wildlife Regulations,’’ which expire Program to the Ninth Circuit’s ruling in
on March 31, 2007. This rule also substantial role in reviewing the
Alaska v. Babbitt. Consistent with proposed rule (70 FR 76010, December
amends the Customary and Traditional Subparts A, B, and C of these
Use Determinations of the Federal 22, 2005) and making recommendations
regulations, as revised May 7, 2002 (67 for this final rule. Moreover, the Council
Subsistence Board (§ ll.24 of subpart FR 30559), the Departments established
C). Chairs, or their designated
a Federal Subsistence Board to representatives, presented their
DATES: Sections ll.24(a)(2) and (3) are administer the Federal Subsistence Council’s recommendations at the Board
effective April 1, 2007. Sections ll.27 Management Program. The Board’s meeting of January 9–11, 2007.
and ll.28 are effective April 1, 2007, composition includes a Chair appointed Transcripts from this series of meetings
through March 31, 2008. by the Secretary of the Interior with are available at http://alaska.fws.gov/
FOR FURTHER INFORMATION CONTACT: concurrence of the Secretary of asm/index.cfm.
Chair, Federal Subsistence Board, c/o Agriculture; the Alaska Regional
U.S. Fish and Wildlife Service, Director, U.S. Fish and Wildlife Service; Summary of Changes
Attention: Peter J. Probasco, Office of the Alaska Regional Director, U.S. Section ll.24 (Customary and
Subsistence Management; (907) 786– National Park Service; the Alaska State traditional use determinations) was
3888. For questions specific to National Director, U.S. Bureau of Land originally published in the Federal
Forest System lands, contact Steve Management; the Alaska Regional Register (57 FR 22940) on May 29, 1992.
Kessler, Regional Subsistence Program Director, U.S. Bureau of Indian Affairs; Since that time, the Board has made a
Leader, USDA, Forest Service, Alaska and the Alaska Regional Forester, USDA number of Customary and Traditional
Region, (907) 786–3592. Forest Service. Through the Board, these Use Determinations at the request of
SUPPLEMENTARY INFORMATION: agencies participated in the impacted subsistence users. Those
development of regulations for subparts modifications, along with some
Background A, B, and C, and the annual subpart D administrative corrections, were last
Title VIII of the Alaska National regulations. published in the Federal Register on
Interest Lands Conservation Act All Board members have reviewed March 29, 2006 (71 FR 15569). During
(ANILCA) (16 U.S.C. 3111–3126) this rule and agree with its substance. its January 9–11, 2007, meeting, the
requires that the Secretary of the Interior Because this rule relates to public lands Board made new determinations in
and the Secretary of Agriculture managed by agencies in both the addition to various annual season and
(Secretaries) implement a joint program Departments of Agriculture and the harvest limit changes. The public has
to grant a preference for subsistence Interior, identical text will be had extensive opportunity to review and
uses of fish and wildlife resources on incorporated into 36 CFR part 242 and comment on all changes. Additional
public lands, unless the State of Alaska 50 CFR part 100. details on the recent Board
Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 12677
modifications are contained below in The Board rejected one proposal that Bristol Bay Fishery Management Area
Analysis of Proposals Adopted by the requested placement restrictions for fish The Board adopted three proposals
Board. wheels on the Copper River. The Board affecting residents of the Bristol Bay
Subpart D regulations are subject to rejected this proposal as unnecessarily Alaska Fishery Management Area,
an annual cycle and require restrictive for subsistence users because resulting in the following changes to the
development of an entire new rule each it would cause them unnecessary regulations found in § ll.27.
year. Customary and traditional use hardship. • Provided for the take of salmon by
determinations are also subject to an The Board deferred for 1 year a drift gillnet in the lower 2 miles of the
annual review process providing for proposal that would have closed the Togiak River. Marking of salmon taken
modification each year. We published herring fishery in the Makhnati Island by drift gillnet is required.
proposed Subpart D regulations for the area in order to allow the formation of • Allowed the take of salmon without
2007–08 seasons, harvest limits, and a working group to further review the a permit in Lake Clark and its tributaries
methods and means on December 22, implications and issues related to this by snagging (by handline or rod and
2005, in the Federal Register (70 FR very complex fishery. reel), spear, bow and arrow, or capturing
76010). A 45-day comment period The Board rejected one proposal that by bare hand.
providing for public review of the requested more stringent reporting • Allowed the take of salmon by
proposed rule and calling for proposals requirements for steelhead in the Sitka beach seines not exceeding 25 fathoms
was advertised by mail, radio, and area. The Board rejected this proposal as in Lake Clark, excluding its tributaries.
newspaper. During that period, the unnecessarily restrictive for subsistence
Regional Councils met and, in addition Cook Inlet Fishery Management Area
users.
to other Regional Council business, The Board rejected four other During a public work session on
received suggestions for proposals from proposals that would have placed November 17, 2006, the Board made
the public. The Board received a total of additional harvest restrictions on changes to the customary and
26 proposals for changes to Customary steelhead in the Sitka area. These traditional use determination for the
and Traditional Use Determinations or community of Ninilchik, recognizing its
proposals were rejected because the
to Subpart D. Subsequent to the review historical use of the Kenai River
Board believes that proper safeguards
period, the Board prepared a booklet drainage and northern portion of the
are already in place to protect steelhead
describing the proposals and distributed Kenai Peninsula. This action resulted
populations, and the proposals would
it to the public. The public had an from a request for reconsideration of a
have placed unnecessary restrictions on
additional 30 days in which to comment Board action on a proposal acted on
subsistence users.
on the proposals for changes to the during the Board’s January 10–13, 2006,
regulations. The 10 Regional Councils Analysis of Proposals Adopted by the meeting and was effective November 17,
then met again, received public Board 2006.
comments, and formulated their
The Board adopted five proposals. A Southeastern Alaska Fishery
recommendations to the Board on
number of proposals dealing with the Management Area
proposals for their respective regions.
same issue were dealt with as a package.
Nine of the proposals were not The Board adopted two proposals
Some proposals were adopted as
considered, being deferred for Board affecting residents of the Southeastern
submitted and others were adopted with
consideration in a future cycle. One Alaska Fishery Management Area,
modifications suggested by the
proposal was withdrawn by the resulting in the following changes to the
respective Regional Council or
originator. These final regulations regulations found in §§ ll .24 and
developed during the Board’s public
reflect Board review and consideration ll .27.
deliberations.
of Regional Council recommendations • Revised the customary and
and public comments on the remaining All of the adopted proposals were traditional use determination for
proposals. recommended for adoption by at least Districts 12, 13, and 14 in the Southeast
one of the Regional Councils and were Alaska Fishery Management Area.
Analysis of Proposals Rejected by the based on meeting customary and • Aligned Federal harvest limits for
Board traditional uses, conforming with sockeye salmon in most of southeast
The Board rejected, tabled, or took no harvest practices, or protecting fish Alaska with the existing State
action on 11 proposals. All of the populations. Detailed information subsistence or personal use fishery.
actions to reject or take no action were relating to justification for the action on During a public work session on
based on recommendations from at least each proposal may be found in the November 17, 2006, the Board made
one Regional Council. Board meeting transcripts, available for changes to the customary and
The Board rejected one proposal review at the Office of Subsistence traditional use determination for the
requesting opening the Lower Copper Management, 3601 C Street, Suite 1030, community of Gustavus, recognizing its
River to a dip net and rod and reel Anchorage, Alaska, or on the Office of historical use of District 14, Sections
subsistence salmon fishery. The Board Subsistence Management Web site 14B and 14C. This action resulted from
rejected this proposal at the request of http://alaska.fws.gov/asm/index.cfm. a request for reconsideration of a Board
the Southcentral Regional Advisory Additional technical clarifications and action on a proposal acted on during the
Council because although there is not a removal of excess or duplicative text Board’s January 10–13, 2006, meeting.
biological concern, all public testimony have been made, which result in a more Board action on another proposal at its
from rural subsistence users opposes readable document. January 9–10, 2007, meeting has since
this proposal as unnecessary to the When questions of jurisdiction are superseded the November 17, 2006
satisfaction of subsistence needs. brought to our attention, we action.
The Board rejected one proposal that immediately review the issue and make
requested storage restrictions for fish any appropriate modifications to our Administrative Procedure Act
wheels on the Copper River. The Board regulations. In addition, we revised the Compliance
rejected this proposal as unnecessarily regulations pertaining to specific The Board finds that additional public
restrictive for subsistence users. management areas as follows: notice under the Administrative
Procedure Act (APA) for this final rule Service, implemented Alternative IV as information request unless it displays a
is unnecessary and contrary to the identified in the DEIS and FEIS (Record currently valid OMB control number.
public interest. The Board has provided of Decision on Subsistence Management
Other Requirements
extensive opportunity for public input for Federal Public Lands in Alaska
and involvement in excess of standard (ROD), signed April 6, 1992). The DEIS Regulatory Planning and Review
APA requirements, including and the selected alternative in the FEIS (Executive Order 12866)—In accordance
participation in multiple Regional defined the administrative framework of with the criteria in Executive Order
Council meetings, additional public an annual regulatory cycle for 12866, this rule is not a significant
review and comment on all proposals subsistence hunting and fishing regulatory action subject to OMB
for regulatory change, and opportunity regulations. The final rule for review. OMB makes this determination.
for additional public comment during Subsistence Management Regulations This action will not have an annual
the Board meeting prior to deliberation. for Public Lands in Alaska, Subparts A, economic effect of $100 million or
Additionally, an administrative B, and C (57 FR 22940, published May adversely affect any economic sector,
mechanism exists (and has been used by 29, 1992; amended January 8, 1999, 64 productivity, competition, jobs, the
the public) to request reconsideration of FR 1276; June 12, 2001, 66 FR 31533; environment, or other units of
the Board’s decision on any particular May 7, 2002, 67 FR 30559; April 30, government. Therefore, a cost-benefit
proposal for regulatory change. Over the 2003, 68 FR 23035; October 14, 2004, 68 and economic analysis is not required.
15 years the Program has been FR 60957; and December 27, 2005, 70 This action will not create
operating, no benefit to the public has FR 76400) implemented the Federal inconsistencies with other agencies’
been demonstrated by delaying the Subsistence Management Program and actions or otherwise interfere with an
effective date of regulations. A lapse in included a framework for an annual action taken or planned by another
regulatory control could seriously affect cycle for subsistence hunting and agency. This action will not materially
the continued viability of fish and fishing regulations. affect entitlements, grants, user fees,
shellfish populations, adversely impact loan programs, or the rights and
An environmental assessment was
future subsistence opportunities for obligations of their recipients. This
prepared in 1997 on the expansion of action will not raise novel legal or
rural Alaskans, and would generally fail Federal jurisdiction over fisheries and is
to serve the overall public interest. policy issues.
available from the office listed under The Regulatory Flexibility Act of 1980
Therefore, the Board finds good cause FOR FURTHER INFORMATION CONTACT. The (5 U.S.C. 601 et seq.) requires
pursuant to 5 U.S.C. 553(d) to make this Secretary of the Interior, with the preparation of flexibility analyses for
rule effective less than 30 days after concurrence of the Secretary of rules that will have a significant
publication. Agriculture, determined that the economic effect on a substantial number
Conformance With Statutory and expansion of Federal jurisdiction did of small entities, which include small
Regulatory Authorities not constitute a major Federal action businesses, organizations, or
significantly affecting the human governmental jurisdictions. The
National Environmental Policy Act environment and has therefore signed a Departments have determined that this
Compliance Finding of No Significant Impact. rulemaking will not have a significant
A Draft Environmental Impact Compliance With Section 810 of economic effect on a substantial number
Statement (DEIS) for developing a ANILCA of small entities within the meaning of
Federal Subsistence Management the Regulatory Flexibility Act.
Program was distributed for public The intent of all Federal subsistence This rulemaking will impose no
comment on October 7, 1991. That regulations is to accord subsistence uses significant costs on small entities; the
document described the major issues of fish and wildlife on public lands a exact number of businesses and the
associated with Federal subsistence priority over the taking of fish and amount of trade that will result from
management as identified through wildlife on such lands for other this Federal land-related activity is
public meetings, written comments, and purposes, unless restriction is necessary unknown. The aggregate effect is an
staff analysis and examined the to conserve healthy fish and wildlife insignificant positive economic effect on
environmental consequences of four populations. A Section 810 analysis was a number of small entities, such as
alternatives. Proposed regulations completed as part of the FEIS process. tackle, boat, and gasoline dealers. The
(Subparts A, B, and C) that would The final Section 810 analysis number of small entities affected is
implement the preferred alternative determination appeared in the April 6, unknown; however, the fact that the
were included in the DEIS as an 1992, ROD, which concluded that the positive effects will be seasonal in
appendix. The DEIS and the proposed Federal Subsistence Management nature and will, in most cases, merely
administrative regulations presented a Program may have some local impacts continue preexisting uses of public
framework for an annual regulatory on subsistence uses, but the program is lands indicates that the effects will not
cycle regarding subsistence hunting and not likely to significantly restrict be significant.
fishing regulations (Subpart D). The subsistence uses. In general, the resources harvested
Final Environmental Impact Statement Paperwork Reduction Act under this rule will be consumed by the
(FEIS) was published on February 28, local harvester and do not result in a
1992. The information collection dollar benefit to the economy. However,
Based on the public comment requirements contained in this rule have we estimate that about 26.2 million
received, the analysis contained in the been approved by the Office of pounds of fish (including about 9
FEIS, and the recommendations of the Management and Budget (OMB) under million pounds of salmon) are harvested
Federal Subsistence Board and the the Paperwork Reduction Act of 1995 by the local subsistence users annually
Department of the Interior’s Subsistence (44 U.S.C. 3501 et seq.) and assigned and, if based on a replacement value of
Policy Group, the Secretary of the OMB control number 1018–0075, which $3.00 per pound, would equate to $78.6
Interior, with the concurrence of the expires October 31, 2009. We may not million in food value Statewide.
Secretary of Agriculture, through the conduct or sponsor, and you are not Title VIII of ANILCA requires the
U.S. Department of Agriculture-Forest required to respond to, a collection of Secretaries to administer a subsistence
preference on public lands. The scope of there are no significant direct effects. forests, Public lands, Reporting and
this program is limited by definition to The Bureau of Indian Affairs is a recordkeeping requirements, Wildlife.
certain public lands. Likewise, these participating agency in this rulemaking.
50 CFR Part 100
regulations have no potential takings of On May 18, 2001, the President issued
private property implications as defined Executive Order 13211 on regulations Administrative practice and
by Executive Order 12630. that significantly affect energy supply, procedure, Alaska, Fish, National
The Service has determined and distribution, or use. This Executive forests, Public lands, Reporting and
certifies pursuant to the Unfunded Order requires agencies to prepare recordkeeping requirements, Wildlife.
Mandates Reform Act, 2 U.S.C. 1502 et Statements of Energy Effects when ■ For the reasons set out in the
seq., that this rulemaking will not undertaking certain actions. As this rule preamble, the Federal Subsistence
impose a cost of $100 million or more is not a significant regulatory action Board amends Title 36, part 242, and
in any given year on local or State under Executive Order 13211, affecting Title 50, part 100, of the Code of Federal
governments or private entities. The energy supply, distribution, or use, this Regulations, as set forth below.
implementation of this rule is by action is not a significant action and no
Federal agencies, and no cost is Statement of Energy Effects is required. PART — SUBSISTENCE
involved to any State or local entities or MANAGEMENT REGULATIONS FOR
Tribal governments. Drafting Information PUBLIC LANDS IN ALASKA
The Service has determined that these William Knauer drafted these
final regulations meet the applicable ■ 1. The authority citation for both 36
regulations under the guidance of Peter CFR Part 242 and 50 CFR Part 100
standards provided in Sections 3(a) and J. Probasco, of the Office of Subsistence
3(b)(2) of Executive Order 12988 (Civil continues to read as follows:
Management, Alaska Regional Office,
Justice Reform). Authority: 16 U.S.C. 3, 472, 551, 668dd,
U.S. Fish and Wildlife Service, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
In accordance with Executive Order Anchorage, Alaska. Chuck Ardizzone,
13132, the rule does not have sufficient 1733.
Alaska State Office, Bureau of Land
federalism implications to warrant the Management; Jerry Berg, Alaska Subpart C—Board Determinations
preparation of a Federalism Assessment. Regional Office, U.S. Fish and Wildlife
Title VIII of ANILCA precludes the State Service; Nancy Swanton, Alaska ■ 2. In Subpart C of 36 CFR part 242 and
from exercising management authority Regional Office, National Park Service; 50 CFR part 100, §§ ll.24(a)(2) and (3)
over wildlife resources on Federal Dr. Glenn Chen, Alaska Regional Office, are revised to read as follows:
lands. Bureau of Indian Affairs; and Steve
In accordance with the President’s § ll.24 Customary and traditional use
Kessler, USDA—Forest Service, determinations.
memorandum of April 29, 1994, provided additional guidance.
‘‘Government-to-Government Relations (a) * * *
with Native American Tribal List of Subjects (2) Fish determinations. The
Governments’’ (59 FR 22951), 512 DM 2, 36 CFR Part 242 following communities and areas have
and E.O. 13175, we have evaluated been found to have a positive customary
possible effects on Federally recognized Administrative practice and and traditional use determination in the
Indian tribes and have determined that procedure, Alaska, Fish, National listed area for the indicated species:
Area Species Determination
Kotzebue Area .......................................................... All fish ................................................. Residents of the Kotzebue Area.
Norton Sound—Port Clarence Area:
Norton Sound—Port Clarence Area, waters All fish ................................................. Residents of Stebbins, St. Michael, and Kotlik.
draining into Norton Sound between Point
Romanof and Canal Point.
Norton Sound—Port Clarence Area, remainder All fish ................................................. Residents of the Norton Sound—Port Clarence
Area.
Yukon—Northern Area:
Yukon River drainage ........................................ Salmon, other than fall chum salmon Residents of the Yukon River drainage and the
community of Stebbins.
Yukon River drainage ........................................ Fall chum salmon ............................... Residents of the Yukon River drainage and the
communities of Stebbins, Scammon Bay, Hoo-
per Bay, and Chevak.
Yukon River drainage ........................................ Freshwater fish (other than salmon) .. Residents of the Yukon—Northern Area.
Remainder of the Yukon—Northern Area ......... All fish ................................................. Residents of the Yukon—Northern Area, excluding
the residents of the Yukon River drainage and
excluding those domiciled in Unit 26B.
Tanana River drainage contained within the Freshwater fish (other than salmon) .. Residents of the Yukon—Northern Area and resi-
Tetlin NWR and the Wrangell-St. Elias NPP. dents of Mentasta Lake, Chistochina, Slana,
and all residents living between Mentasta Lake
and Chistochina.
Kuskokwim Area ....................................................... Salmon ................................................ Residents of the Kuskokwim Area, except those
persons residing on the United States military
installations located on Cape Newenham,
Sparrevohn USAFB, and Tatalina USAFB.
Rainbow trout ...................................... Residents of the communities of Akiachak, Akiak,

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

north shore of Granite Bay to Cape Fairfield,
and Knight Island, Chenega Island, Bainbridge
Island, Evans Island, Elrington Island, Latouche
Island and adjacent islands.
North of a line from Porcupine Point to Granite Salmon ................................................ Residents of the villages of Tatitlek and Ellamar.
Point, and south of a line from Point Lowe to
Tongue Point.
Copper River drainage upstream from Haley Freshwater fish ................................... Residents of Cantwell, Chisana, Chistochina,
Creek. Chitina, Copper Center, Dot Lake, Gakona,
Gakona Junction, Glennallen, Gulkana, Healy
Lake, Kenny Lake, Lower Tonsina, McCarthy,
Mentasta Lake, Nabesna, Northway, Slana,
Tanacross, Tazlina, Tetlin, Tok, Tonsina, and
those individuals that live along the Tok Cutoff
from Tok to Mentasta Pass, and along the
Nabesna Road.
Gulkana National Wild and Scenic River .......... Freshwater fish ................................... Residents of Cantwell, Chisana, Chistochina,
Chitina, Copper Center, Dot Lake, Gakona,
Gakona Junction, Glennallen, Gulkana, Healy
Lake, Kenny Lake, Lower Tonsina, McCarthy,
Mentasta Lake, Nabesna, Northway, Paxson-
Sourdough, Slana, Tanacross, Tazlina, Tetlin,
Tok, Tonsina, and those individuals that live
along the Tok Cutoff from Tok to Mentasta
Pass, and along the Nabesna Road.
Waters of the Prince William Sound Area, ex- Freshwater fish (trout, char, whitefish, Residents of the Prince William Sound Area, ex-
cept for the Copper River drainage upstream suckers, grayling, and burbot). cept those living in the Copper River drainage
of Haley Creek. upstream of Haley Creek.
Chitina Subdistrict of the Upper Copper River Salmon ................................................ Residents of Cantwell, Chickaloon, Chisana,
District. Christochina, Chitina, Copper Center, Dot Lake,
Gakona, Gakona Junction, Glennallen, Gulkana,
Healy Lake, Kenny Lake, Lower Tonsina,
McCarthy, Mentasta Lake, Nabesna, Northway,
Paxson-Sourdough, Slana, Tanacross, Tazlina,
Tetlin, Tok, Tonsina, and those individuals that
live along the Tok Cutoff from Tok to Mentasta
Pass, and along the Nabesna Road.
Glennallen Subdistrict of the Upper Copper Salmon ................................................ Residents of the Prince William Sound Area and
River District. residents of Cantwell, Chickaloon, Chisana, Dot
Lake, Healy Lake, Northway, Tanacross, Tetlin,
Tok, and those individuals living along the Alas-
ka Highway from the Alaskan/Canadian border
to Dot Lake, along the Tok Cutoff from Tok to
Mentasta Pass, and along the Nabesna Road.
Waters of the Copper River between National Salmon ................................................ Residents of Mentasta Lake and Dot Lake.
Park Service regulatory markers located
near the mouth of Tanada Creek, and in
Tanada Creek between National Park Serv-
ice regulatory markers identifying the open
waters of the creek.
Remainder of the Prince William Sound Area .. Salmon ................................................ Residents of the Prince William Sound Area.
Waters of the Bering River area from Point Eulachon ............................................. Residents of Cordova.
Martin to Cape Suckling.
Waters of the Copper River Delta from the Eulachon ............................................. Residents of Cordova, Chenega Bay, and Tatitlek.
Eyak River to Point Martin.
Yakutat Area:
Fresh water upstream from the terminus of Salmon ................................................ Residents of the area east of Yakutat Bay, includ-
streams and rivers of the Yakutat Area from ing the islands within Yakutat Bay, west of the
the Doame River to the Tsiu River. Situk River drainage, and south of and including
Knight Island.
Fresh water upstream from the terminus of Dolly Varden, steelhead trout, and Residents of the area east of Yakutat Bay, includ-
streams and rivers of the Yakutat Area from smelt. ing the islands within Yakutat Bay, west of the
the Doame River to Point Manby. Situk River drainage, and south of and including
Knight Island.
Remainder of the Yakutat Area ........................ Dolly Varden, trout, smelt, and Residents of Southeastern Alaska and Yakutat
eulachon. Areas.
Southeastern Alaska Area:
District 1—Section 1E in waters of the Naha Salmon, Dolly Varden, trout, smelt, Residents of the City of Saxman.
River and Roosevelt Lagoon. and eulachon.
District 1—Section 1F in Boca de Quadra in Salmon, Dolly Varden, trout, smelt, Residents of the City of Saxman.
waters of Sockeye Creek and Hugh Smith and eulachon.
Lake within 500 yards of the terminus of

Sockeye Creek.
Districts 2, 3, and 5 and waters draining into Salmon, Dolly Varden, trout, smelt, Residents living south of Sumner Strait and west
those Districts. and eulachon. of Clarence Strait and Kashevaroff Passage.
District 5—North of a line from Point Barrie to Salmon, Dolly Varden, trout, smelt, Residents of the City of Kake and in Kupreanof Is-
Boulder Point. and eulachon. land drainages emptying into Keku Strait south
of Point White and north of the Portage Bay
boat harbor.
District 6 and waters draining into that District Salmon, Dolly Varden, trout, smelt, Residents of the living south of Sumner Strait and
and eulachon. west of Clarence Strait and Kashevaroff Pas-
sage; residents of drainages flowing into District
6 north of the latitude of Point Alexander (Mitkof
Island); residents of drainages flowing into Dis-
tricts 7 & 8, including the communities of Pe-
tersburg & Wrangell; and residents of the com-
munities of Meyers Chuck and Kake.
District 7 and waters draining into that District Salmon, Dolly Varden, trout, smelt, Residents of drainages flowing into District 6 north
and eulachon. of the latitude of Point Alexander (Mitkof Island);
residents of drainages flowing into Districts 7 &
8, including the communities of Petersburg &
Wrangell; and residents of the communities of
Meyers Chuck and Kake.
District 8 and waters draining into that District Salmon, Dolly Varden, trout, smelt, Residents of drainages flowing into Districts 7 & 8,
and eulachon. residents of drainages flowing into District 6
north of the latitude of Point Alexander (Mitkof
Island), and residents of Meyers Chuck.
District 9—Section 9A ....................................... Salmon, Dolly Varden, trout, smelt, Residents of the City of Kake and in Kupreanof Is-
and eulachon. land drainages emptying into Keku Strait south
of Point White and north of Portage Bay boat
harbor.
District 9—Section 9B north of the latitude of Salmon, Dolly Varden, trout, smelt, Residents of the City of Kake and in Kupreanof Is-
Swain Point. and eulachon. land drainages emptying into Keku Strait south
boat harbor.
District 10—West of a line from Pinta Point to Salmon, Dolly Varden, trout, smelt, Residents of the City of Kake and in Kupreanof Is-
False Point Pybus. and eulachon. land drainages emptying into Keku Strait south
boat harbor.
District 12—South of a line from Fishery Point Salmon, Dolly Varden, trout, smelt, Residents of the City of Angoon and along the
to south Passage Point and north of the lati- and eulachon. western shore of Admiralty Island north of the
tude of Point Caution. latitude of Sand Island, south of the latitude of
Thayer Creek, and west of 134°30′ West lon-
gitude, including Killisnoo Island.
District 12—Section 12A, excluding the area All fish ................................................. Residents of drainages flowing into Districts 12
south of a line from Fishery Point to South and 14.
Passage Point Section 12B.
District 13—Section 13A, south of the latitude Salmon, Dolly Varden, trout, smelt, Residents of the City and Borough of Sitka in
of Cape Edward. and eulachon. drainages that empty into Section 13B north of
the latitude of Dorothy Narrows.
District 13—Section 13A, excluding the area All fish ................................................. Residents of drainages flowing into Sections 13A,
south of the latitude of Cape Edward. 13B, and District 14.
District 13—Section 13B north of the latitude of Salmon, Dolly Varden, trout, smelt, Residents of the City and Borough of Sitka in
Redfish Cape. and eulachon. drainages that empty into Section 13B north of
District 13—Section 13C ................................... Salmon, Dolly Varden, trout, smelt, Residents of the City and Borough of Sitka in
and eulachon. drainages that empty into Section 13B north of
District 13—Section 13C east of the longitude Salmon, Dolly Varden, trout, smelt, Residents of the City of Angoon and along the
of Point Elizabeth. and eulachon. western shore of Admiralty Island north of the
latitude of Sand Island, south of the latitude of
Thayer Creek, and west of 134°30′ West lon-
gitude, including Killisnoo Island.
District 14 .......................................................... All fish ................................................. Residents of drainages flowing into Sections 12A,
13A, and District 14.
Remainder of the Southeastern Alaska Area ... Dolly Varden, trout, smelt, and Residents of Southeastern Alaska and Yakutat
eulachon. Areas.
(3) Shellfish determinations. The and traditional use determination in the

following communities and areas have listed area for the indicated species:
been found to have a positive customary
Bering Sea Area ....................................................... All shellfish .......................................... Residents of the Bering Sea Area.
Alaska Peninsula-Aleutian Islands Area .................. Shrimp Dungeness, and Tanner crab Residents of the Alaska Peninsula-Aleutian Is-
lands Area.
Kodiak Area .............................................................. Shrimp, Dungeness, and Tanner crab Residents of the Kodiak Area.
Kodiak Area, except for the Semidi Island, the King crab ............................................ Residents of the Kodiak Island Borough, except
North Mainland, and the South Mainland those residents on the Kodiak Coast Guard
Sections. base.
Cook Inlet Area:
Federal waters in the Tuxedni Bay Area within Shellfish .............................................. Residents of Tuxedni Bay, Chisik Island, and
the boundaries of Lake Clark National Park. Tyonek.
Prince William Sound Area ...................................... Shrimp, clams, Dungeness, king, and Residents of the Prince William Sound Area.
Tanner crab.
Southeastern Alaska—Yakutat Area:
Section 1E south of the latitude of Grant Island Shellfish, except shrimp, king crab, Residents of the Southeast Area.
light. and Tanner crab..
Section 1F north of the latitude of the northern- Shellfish, except shrimp, king crab, Residents of the Southeast Area.
most tip of Mary Island, except waters of and Tanner crab.
Boca de Quadra.
Section 3A and 3B ............................................ Shellfish, except shrimp, king crab, Residents of the Southeast Area.
and Tanner crab.
District 13 .......................................................... Dungeness crab, shrimp, abalone, Residents of the Southeast Area.
sea cucumbers, gum boots, cock-
les, and clams, except geoducks.
* * * * * (vi) Troll gear; this section, satisfy the following: a

(vii) A fish wheel; sidewall, which may include the tunnel,
Subpart D—Subsistance Taking of (viii) A trawl; must contain an opening at least 18
Fish and Wildlife (ix) A pot; inches in length, except that shrimp
(x) A longline; pots must contain an opening at least 6
■ 3. In Subpart D of 36 CFR part 242 and (xi) A fyke net; inches in length. The opening must be
50 CFR part 100, §§ ll.27 and ll.28 (xii) A lead; laced, sewn, or secured together by a
are added effective April 1, 2007, (xiii) A herring pound; single length of treated or untreated
through March 31, 2008, to read as (xiv) A dip net;
twine, no larger than 36 thread. A
follows: (xv) Jigging gear;
(xvi) A mechanical jigging machine; galvanic timed-release device, designed
§ ll.27 Subsistence taking of fish. (xvii) A handline; to release in no more than 30 days in
(a) Applicability. (1) Regulations in (xviii) A cast net; saltwater, must be integral to the length
this section apply to the taking of fish (xix) A rod and reel; and of twine so that, when the device
or their parts for subsistence uses. (xx) A spear. releases, the twine will no longer secure
(2) You may take fish for subsistence (2) You must include an escape or obstruct the opening of the pot. The
uses at any time by any method unless mechanism on all pots used to take fish twine may be knotted only at each end
you are restricted by the subsistence or shellfish. The escape mechanisms are and at the attachment points on the
fishing regulations found in this section. as follows: galvanic timed-release device. The
The harvest limit specified in this (i) A sidewall, which may include the opening must be within 6 inches of the
section for a subsistence season for a tunnel, of all shellfish and bottomfish bottom of the pot and must be parallel
species and the State harvest limit set pots must contain an opening equal to with it. The twine may not be tied or
for a State season for the same species or exceeding 18 inches in length, except looped around the web bars.
are not cumulative, except as modified that in shrimp pots the opening must be (3) For subsistence fishing for salmon,
by regulations in § ll.27(i). This a minimum of 6 inches in length. The you may not use a gillnet exceeding 50
means that if you have taken the harvest opening must be laced, sewn, or secured fathoms in length, unless otherwise
limit for a particular species under a together by a single length of untreated, specified in this section. The gillnet web
subsistence season specified in this 100 percent cotton twine, no larger than must contain at least 30 filaments of
section, you may not, after that, take any 30 thread. The cotton twine may be equal diameter or at least 6 filaments,
additional fish of that species under any knotted at each end only. The opening each of which must be at least 0.20
other harvest limit specified for a State must be within 6 inches of the bottom millimeter in diameter.
season. of the pot and must be parallel with it. (4) Except as otherwise provided for
(b) [Reserved]. The cotton twine may not be tied or in this section, you may not obstruct
(c) Methods, means, and general looped around the web bars. Dungeness more than one-half the width of any
restrictions. (1) Unless otherwise crab pots may have the pot lid tie-down stream with any gear used to take fish
specified in this section or under terms straps secured to the pot at one end by for subsistence uses.
of a required subsistence fishing permit a single loop of untreated, 100 percent (5) You may not use live
(as may be modified by this section), cotton twine no larger than 60 thread, or nonindigenous fish as bait.
you may use the following legal types of the pot lid must be secured so that, (6) You must have your first initial,
gear for subsistence fishing: when the twine degrades, the lid will no last name, and address plainly and
(i) A set gillnet; longer be securely closed; legibly inscribed on the side of your fish
(ii) A drift gillnet; (ii) All king crab, Tanner crab, wheel facing midstream of the river.
(iii) A purse seine; shrimp, miscellaneous shellfish and (7) You may use kegs or buoys of any
(iv) A hand purse seine; bottomfish pots may, instead of color but red on any permitted gear,
(v) A beach seine; complying with paragraph (c)(2)(i) of except in the following areas where kegs
or buoys of any color, including red, define customary trade differently for permit. Harvest limits applicable to the
may be used: separate regions of the State. use of a rod and reel to take fish for
(i) Yukon-Northern Area; and (i) Bristol Bay Fishery Management subsistence uses shall be as follows:
(ii) Kuskokwim Area. Area—The total cash value per (i) If you are required to obtain a
(8) You must have your first initial, household of salmon taken within subsistence fishing permit for an area,
last name, and address plainly and Federal jurisdiction in the Bristol Bay that permit is required to take fish for
legibly inscribed on each keg, buoy, Fishery Management Area and subsistence uses with rod and reel in
stakes attached to gillnets, stakes exchanged in customary trade between that area. The harvest and possession
identifying gear fished under the ice, rural residents and individuals other limits for taking fish with a rod and reel
and any other unattended fishing gear than rural residents may not exceed in those areas are the same as indicated
which you use to take fish for $400.00 annually. These customary on the permit issued for subsistence
subsistence uses. trade sales must be immediately fishing with other gear types;
(9) You may not use explosives or recorded on a customary trade (ii) Except as otherwise provided for
chemicals to take fish for subsistence recordkeeping form. The recording in this section, if you are not required
uses. requirement and the responsibility to to obtain a subsistence fishing permit
(10) You may not take fish for ensure the household limit is not for an area, the harvest and possession
subsistence uses within 300 feet of any exceeded rest with the seller. limits for taking fish for subsistence
dam, fish ladder, weir, culvert or other (ii) Upper Copper River District—The uses with a rod and reel are the same
artificial obstruction, unless otherwise total cash value of salmon per as for taking fish under State of Alaska
indicated. household taken within the Upper subsistence fishing regulations in those
Copper River District and exchanged in same areas. If the State does not have a
(11) Transactions between rural
customary trade between rural residents specific subsistence season and/or
residents. Rural residents may exchange
and individuals other than rural harvest limit for that particular species,
in customary trade subsistence-
residents may not exceed $500.00 the limit shall be the same as for taking
harvested fish, their parts, or their eggs,
annually. No more than 50% of the fish under State of Alaska sport fishing
legally taken under the regulations in
annual household limit may be sold regulations.
this part, for cash from other rural
residents. The Board may recognize under paragraphs ll.27(c)(11) and (18) Unless restricted in this section,
(12) when taken together. These or unless restricted under the terms of
regional differences and define
customary trade sales must be a subsistence fishing permit, you may
customary trade differently for separate
immediately recorded on a customary take fish for subsistence uses at any
regions of the State.
trade recordkeeping form. The recording time.
(i) Bristol Bay Fishery Management (19) Provisions on ADF&G subsistence
Area—The total cash value per requirement and the responsibility to
ensure the household limit is not fishing permits that are more restrictive
household of salmon taken within or in conflict with the provisions
Federal jurisdiction in the Bristol Bay exceeded rest with the seller.
(13) No sale to, nor purchase by, contained in this section do not apply
Fishery Management Area and to Federal subsistence users.
fisheries businesses.
exchanged in customary trade to rural (i) You may not sell fish, their parts, (20) You may not intentionally waste
residents may not exceed $500.00 or their eggs taken under the regulations or destroy any subsistence-caught fish
annually. in this part to any individual, business, or shellfish; however, you may use for
(ii) Upper Copper River District—The or organization required to be licensed bait or other purposes, whitefish,
total number of salmon per household as a fisheries business under Alaska herring, and species for which harvest
taken within the Upper Copper River Statute AS 43.75.011 (commercial limits, seasons, or other regulatory
District and exchanged in customary limited-entry permit or crew license methods and means are not provided in
trade to rural residents may not exceed holders excluded) or to any other this section, as well as the head, tail,
50% of the annual harvest of salmon by business as defined under Alaska fins, and viscera of legally taken
the household. No more than 50% of the Statute 43.70.110(1) as part of its subsistence fish.
annual household limit may be sold business transactions. (21) The taking of fish from waters
under paragraphs ll.27(c)(11) and (ii) If you are required to be licensed within Federal jurisdiction is authorized
(12) when taken together. These as a fisheries business under Alaska outside of published open seasons or
customary trade sales must be Statute AS 43.75.011 (commercial harvest limits if the harvested fish will
immediately recorded on a customary limited-entry permit or crew license be used for food in traditional or
trade recordkeeping form. The recording holders excluded) or are a business as religious ceremonies that are part of
requirement and the responsibility to defined under Alaska Statute funerary or mortuary cycles, including
ensure the household limit is not 43.70.110(1), you may not purchase, memorial potlatches, provided that:
exceeded rests with the seller. receive, or sell fish, their parts, or their (i) Prior to attempting to take fish, the
(12) Transactions between a rural eggs taken under the regulations in this person (or designee) or Tribal
resident and others. In customary trade, part as part of your business Government organizing the ceremony
a rural resident may trade fish, their transactions. contacts the appropriate Federal
parts, or their eggs, legally taken under (14) Except as provided elsewhere in fisheries manager to provide the nature
the regulations in this part, for cash this section, you may not take rainbow/ of the ceremony, the parties and/or
from individuals other than rural steelhead trout. clans involved, the species and the
residents if the individual who (15) You may not use fish taken for number of fish to be taken, and the
purchases the fish, their parts, or their subsistence use or under subsistence Federal waters from which the harvest
eggs uses them for personal or family regulations in this part as bait for will occur;
consumption. If you are not a rural commercial or sport fishing purposes. (ii) The taking does not violate
resident, you may not sell fish, their (16) [Reserved]. recognized principles of fisheries
parts, or their eggs taken under the (17) Unless specified otherwise in this conservation, and uses the methods and
regulations in this part. The Board may section, you may use a rod and reel to means allowable for the particular
recognize regional differences and take fish without a subsistence fishing species published in the applicable
Federal regulations (the Federal (iv) If specified on the permit, you Kobuk River drainage and from May 15
fisheries manager will establish the must record, prior to leaving the harvest to October 31 in the Selawik River
number, species, or place of taking if site, daily records of the catch, showing drainage. Only one gillnet 100 feet or
necessary for conservation purposes); the number of fish taken by species, less in length with a stretched-mesh size
(iii) Each person who takes fish under location and date of catch, and other from 21⁄2 to 41⁄2 inches may be used per
this section must, as soon as practical, such information as may be required for site. You must check your net at least
and not more than 15 days after the management or conservation purposes; once in every 24-hour period.
harvest, submit a written report to the and (2) Norton Sound-Port Clarence Area.
appropriate Federal fisheries manager, (v) If the return of catch information The Norton Sound-Port Clarence Area
specifying the harvester’s name and necessary for management and includes all waters of Alaska between
address, the number and species of fish conservation purposes is required by a the latitude of the westernmost tip of
taken, and the date and locations of the fishing permit and you fail to comply Cape Prince of Wales and the latitude of
taking; and with such reporting requirements, you Point Romanof, including those waters
(iv) No permit is required for taking are ineligible to receive a subsistence of Alaska surrounding St. Lawrence
under this section; however, the permit for that activity during the Island and those waters draining into
harvester must be eligible to harvest the following calendar year, unless you the Bering Sea.
resource under Federal regulations. demonstrate that failure to report was (i) Unless otherwise restricted in this
(d) [Reserved]. due to loss in the mail, accident, section, you may take fish at any time
(e) Fishing permits and reports. (1) sickness, or other unavoidable in the Port Clarence District.
You may take salmon only under the circumstances. You must also return (ii) In the Norton Sound District, you
authority of a subsistence fishing any tags or transmitters that have been may take fish at any time except as
permit, unless a permit is specifically attached to fish for management and follows:
not required in a particular area by the conservation purposes. (A) In Subdistricts 2 through 6, if you
subsistence regulations in this part, or (f) Relation to commercial fishing are a commercial fishermen, you may
unless you are retaining salmon from activities. (1) If you are a Federally- not fish for subsistence purposes during
your commercial catch consistent with qualified subsistence user who also the weekly closures of the State
paragraph (f) of this section. commercial fishes, you may retain fish commercial salmon fishing season,
(2) The U.S. Fish and Wildlife Service for subsistence purposes from your except that from July 15 through August
Office of Subsistence Management may lawfully-taken commercial catch. 1, you may take salmon for subsistence
issue a permit to harvest fish for a (2) When participating in a purposes 7 days per week in the
qualifying cultural/educational program commercial and subsistence fishery at Unalakleet and Shaktoolik River
to an organization that has been granted the same time, you may not use an drainages with gillnets which have a
a Federal subsistence permit for a amount of combined fishing gear in stretched-mesh size that does not
similar event within the previous 5 excess of that allowed under the exceed 41⁄2 inches, and with beach
years. A qualifying program must have appropriate commercial fishing seines;
regulations. (B) In the Unalakleet River from June
instructors, enrolled students, minimum
(g) You may not possess, transport, 1 through July 15, you may take salmon
attendance requirements, and standards
give, receive, or barter subsistence-taken only from 8 a.m. Monday until 8 p.m.
for successful completion of the course.
fish or their parts which have been Saturday.
Applications must be submitted to the (iii) You may take salmon only by
Office of Subsistence Management 60 taken contrary to Federal law or
regulation or State law or regulation gillnets, beach seines, fish wheel, or a
days prior to the earliest desired date of rod and reel.
harvest. Permits will be issued for no (unless superseded by regulations in
this part). (iv) You may take fish other than
more than 25 fish per culture/education salmon by set gillnet, drift gillnet, beach
(h) [Reserved]
camp. Appeal of a rejected request can (i) Fishery management area seine, fish wheel, pot, long line, fyke
be made to the Federal Subsistence restrictions. (1) Kotzebue Area. The net, jigging gear, spear, lead, or a rod
Board. Application for an initial permit Kotzebue Area includes all waters of and reel.
for a qualifying cultural/educational Alaska between the latitude of the (v) In the Unalakleet River from June
program, for a permit when the westernmost tip of Point Hope and the 1 through July 15, you may not operate
circumstances have changed latitude of the westernmost tip of Cape more than 25 fathoms of gillnet in the
significantly, when no permit has been Prince of Wales, including those waters aggregate nor may you operate an
issued within the previous 5 years, or draining into the Chukchi Sea. unanchored gillnet.
when there is a request for harvest in (i) You may take fish for subsistence (vi) Only one subsistence fishing
excess of that provided in this purposes without a permit. permit will be issued to each household
paragraph (e)(2), will be considered by (ii) You may take salmon only by per year.
the Federal Subsistence Board. gillnets, beach seines, or a rod and reel. (3) Yukon-Northern Area. The Yukon-
(3) If a subsistence fishing permit is (iii) In the Kotzebue District, you may Northern Area includes all waters of
required by this section, the following take sheefish with gillnets that are not Alaska between the latitude of Point
permit conditions apply unless more than 50 fathoms in length, nor Romanof and the latitude of the
otherwise specified in this section: more than 12 meshes in depth, nor have westernmost point of the Naskonat
(i) You may not take more fish for a stretched-mesh size larger than 7 Peninsula, including those waters
subsistence use than the limits set out inches. draining into the Bering Sea, and all
in the permit; (iv) You may not obstruct more than waters of Alaska north of the latitude of
(ii) You must obtain the permit prior one-half the width of a stream, creek, or the westernmost tip of Point Hope and
to fishing; slough with any gear used to take fish west of 141° West longitude, including
(iii) You must have the permit in your for subsistence uses, except from May those waters draining into the Arctic
possession and readily available for 15 to July 15 and August 15 to October Ocean and the Chukchi Sea.
inspection while fishing or transporting 31 when taking whitefish or pike in (i) Unless otherwise restricted in this
subsistence-taken fish; streams, creeks, or sloughs within the section, you may take fish in the Yukon-
Northern Area at any time. You may (viii) In Subdistrict 4A after the than 150 feet in length from June 10
subsistence fish for salmon with rod and opening of the State commercial salmon through July 14, and chum salmon by
reel in the Yukon River drainage 24 fishing season, you may not take salmon drift gillnets after August 2;
hours per day, 7 days per week, unless for subsistence for 12 hours (B) In Subdistrict 4A downstream
rod and reel are specifically otherwise immediately before, during, and for 12 from the mouth of Stink Creek, you may
restricted in § ll.27(i)(3). hours after each State commercial take Chinook salmon by drift gillnets
(ii) For the Yukon River drainage, salmon fishing period; however, you less than 150 feet in length from June 10
Federal subsistence fishing schedules, may take Chinook salmon during the through July 14;
openings, closings, and fishing methods State commercial fishing season, with (C) In the Yukon River mainstem,
are the same as those issued for the drift gillnet gear only, from 6 p.m. Subdistricts 4B and 4C with a Federal
subsistence taking of fish under Alaska Sunday until 6 p.m. Tuesday and from subsistence fishing permit, you may
Statutes (AS 16.05.060), unless 6 p.m. Wednesday until 6 p.m. Friday. take Chinook salmon during the last 18-
superseded by a Federal Special Action. (ix) You may not subsistence fish in hour period of the weekly regulatory
(iii) In the following locations, you the following drainages located north of opening(s) by drift gillnets no more than
may take salmon during the open the main Yukon River: 150 feet long and no more than 35
weekly fishing periods of the State (A) Kanuti River upstream from a meshes deep, from June 10 through July
commercial salmon fishing season and point 5 miles downstream of the State 14.
may not take them for 24 hours before highway crossing;
the opening of the State commercial (B) Bonanza Creek; (xvi) Unless otherwise specified in
salmon fishing season: (C) Jim River including Prospect and this section, you may take fish other
(A) In District 4, excluding the Douglas Creeks. than salmon and halibut by set gillnet,
Koyukuk River drainage; (x) You may not subsistence fish in drift gillnet, beach seine, fish wheel,
(B) In Subdistricts 4B and 4C from the Delta River. long line, fyke net, dip net, jigging gear,
June 15 through September 30, salmon (xi) In Beaver Creek downstream from spear, lead, or rod and reel, subject to
may be taken from 6 p.m. Sunday until the confluence of Moose Creek, a gillnet the following restrictions, which also
6 p.m. Tuesday and from 6 p.m. with mesh size not to exceed 3-inches apply to subsistence salmon fishing:
Wednesday until 6 p.m. Friday; stretch-measure may be used from June (A) During the open weekly fishing
(C) In District 6, excluding the 15 through September 15. You may periods of the State commercial salmon
Kantishna River drainage, salmon may subsistence fish for all non-salmon fishing season, if you are a commercial
be taken from 6 p.m. Friday until 6 p.m. species but may not target salmon fisherman, you may not operate more
Wednesday. during this time period (retention of than one type of gear at a time, for
(iv) During any State commercial salmon taken incidentally to non- commercial, personal use, and
salmon fishing season closure of greater salmon directed fisheries is allowed). subsistence purposes;
than five days in duration, you may not From the mouth of Nome Creek (B) You may not use an aggregate
take salmon during the following downstream to the confluence of Moose length of set gillnet in excess of 150
periods in the following districts: Creek, only rod and reel may be used. fathoms and each drift gillnet may not
(A) In District 4, excluding the From the mouth of Nome Creek exceed 50 fathoms in length;
Koyukuk River drainage, salmon may downstream to the confluence of (C) In Districts 4, 5, and 6, you may
not be taken from 6 p.m. Friday until 6 O’Brien Creek, the daily harvest and not set subsistence fishing gear within
p.m. Sunday; possession limit is 5 grayling; from the 200 feet of other operating commercial
(B) In District 5, excluding the Tozitna mouth of O’Brien Creek downstream to use, personal use, or subsistence fishing
River drainage and Subdistrict 5D, the confluence of Moose Creek, the gear except that, at the site
salmon may not be taken from 6 p.m. daily harvest and possession limit is 10 approximately 1 mile upstream from
Sunday until 6 p.m. Tuesday. grayling. The Nome Creek drainage of Ruby on the south bank of the Yukon
(v) Except as provided in this section, Beaver Creek is closed to subsistence River between ADF&G regulatory
and except as may be provided by the fishing for grayling. markers containing the area known
terms of a subsistence fishing permit, (xii) You may not subsistence fish in locally as the ‘‘Slide,’’ you may set
you may take fish other than salmon at the Toklat River drainage from August subsistence fishing gear within 200 feet
any time. 15 through May 15. of other operating commercial or
(vi) In Districts 1, 2, 3, and Subdistrict (xiii) You may take salmon only by subsistence fishing gear, and in District
4A, excluding the Koyukuk and Innoko gillnet, beach seine, fish wheel, or rod 4, from Old Paradise Village upstream to
River drainages, you may not take and reel, subject to the restrictions set a point 4 miles upstream from Anvik,
salmon for subsistence purposes during forth in this section. there is no minimum distance
the 24 hours immediately before the (xiv) In District 4, if you are a
requirement between fish wheels;
opening of the State commercial salmon commercial fisherman, you may not
fishing season. take salmon for subsistence purposes (D) During the State commercial
(vii) In Districts 1, 2, and 3: during the State commercial salmon salmon fishing season, within the
(A) After the opening of the State fishing season using gillnets with Yukon River and the Tanana River
commercial salmon fishing season stretched-mesh larger than 6-inches below the confluence of the Wood
through July 15, you may not take after a date specified by ADF&G River, you may use drift gillnets and
salmon for subsistence for 18 hours emergency order issued between July 10 fish wheels only during open
immediately before, during, and for 12 and July 31. subsistence salmon fishing periods;
hours after each State commercial (xv) In Districts 4, 5, and 6, you may (E) In Birch Creek, gillnet mesh size
salmon fishing period; not take salmon for subsistence may not exceed 3-inches stretch-
(B) After July 15, you may not take purposes by drift gillnets, except as measure from June 15 through
salmon for subsistence for 12 hours follows: September 15.
immediately before, during, and for 12 (A) In Subdistrict 4A upstream from (xvii) In District 4, from September 21
hours after each State commercial the mouth of Stink Creek, you may take through May 15, you may use jigging
salmon fishing period. Chinook salmon by drift gillnets less gear from shore ice.
(xviii) You must possess a subsistence commercial salmon fishing period in (A) Gillnets with 6-inch or smaller
fishing permit for the following each district. stretched-mesh may not be more than 45
locations: (v) In District 2, and anywhere in meshes in depth;
(A) For the Yukon River drainage tributaries that flow into the (B) Gillnets with greater than 6-inch
from the mouth of Hess Creek to the Kuskokwim River within that district, stretched-mesh may not be more than 35
mouth of the Dall River; from June 1 through September 8 you meshes in depth.
(B) For the Yukon River drainage from may not take salmon by net gear or fish (xv) You may take halibut only by a
the upstream mouth of 22 Mile Slough wheel for 16 hours before or during, and single handheld line with no more than
to the U.S.-Canada border; for 6 hours after each open commercial two hooks attached to it.
(C) Only for salmon in the Tanana salmon fishing period in the district. (xvi) You may not use subsistence set
River drainage above the mouth of the You may subsistence fish for salmon and drift gillnets exceeding 15 fathoms
Wood River. with rod and reel 24 hours per day, 7 in length in Whitefish Lake in the Ophir
(xix) Only one subsistence fishing days per week, unless rod and reel are Creek drainage. You may not operate
permit will be issued to each household specifically restricted by paragraph (i)(4) more than one subsistence set or drift
per year. of this section. gillnet at a time in Whitefish Lake in the
(xx) In Districts 1, 2, and 3, you may (vi) You may not take subsistence fish Ophir Creek drainage. You must check
not possess Chinook salmon taken for by nets in the Goodnews River east of the net at least once every 24 hours.
subsistence purposes unless the dorsal a line between ADF&G regulatory (xvii) You may take rainbow trout
fin has been removed immediately after markers placed near the mouth of the only in accordance with the following
landing. Ufigag River and an ADF&G regulatory restrictions:
(xxi) In the Yukon River drainage, marker placed near the mouth of the (A) You may take rainbow trout only
Chinook salmon must be used primarily Tunulik River 16 hours before or during, by the use of gillnets, dip nets, fyke
for human consumption and may not be and for 6 hours after each State open nets, handline, spear, rod and reel, or
targeted for dog food. Dried Chinook commercial salmon fishing period. jigging through the ice;
(vii) You may not take subsistence (B) You may not use gillnets, dip nets,
salmon may not be used for dog food
fish by nets in the Kanektok River or fyke nets for targeting rainbow trout
anywhere in the Yukon River drainage.
upstream of ADF&G regulatory markers from March 15 through June 15;
Whole fish unfit for human
(C) If you take rainbow trout
consumption (due to disease, placed near the mouth 16 hours before
incidentally in other subsistence net
deterioration, deformities), scraps, and or during, and for 6 hours after each
fisheries and through the ice, you may
small fish (16 inches or less) may be fed State open commercial salmon fishing
retain them for subsistence purposes;
to dogs. Also, whole Chinook salmon period.
(D) There are no harvest limits with
caught incidentally during a subsistence (viii) You may not take subsistence
handline, spear, rod and reel, or jigging.
chum salmon fishery in the following fish by nets in the Arolik River (5) Bristol Bay Area. The Bristol Bay
time periods and locations may be fed upstream of ADF&G regulatory markers Area includes all waters of Bristol Bay,
to dogs: placed near the mouth 16 hours before including drainages enclosed by a line
(A) After July 10 in the Koyukuk River or during, and for 6 hours after each from Cape Newenham to Cape
drainage; State open commercial salmon fishing Menshikof.
(B) After August 10, in Subdistrict 5D, period. (i) Unless restricted in this section, or
upstream of Circle City. (ix) You may only take salmon by unless under the terms of a subsistence
(4) Kuskokwim Area. The Kuskokwim gillnet, beach seine, fish wheel, or rod fishing permit, you may take fish at any
Area consists of all waters of Alaska and reel subject to the restrictions set time in the Bristol Bay area.
between the latitude of the westernmost out in this section, except that you may (ii) In all State commercial salmon
point of Naskonat Peninsula and the also take salmon by spear in the districts, from May 1 through May 31
latitude of the southernmost tip of Cape Kanektok, and Arolik River drainages, and October 1 through October 31, you
Newenham, including the waters of and in the drainage of Goodnews Bay. may subsistence fish for salmon only
Alaska surrounding Nunivak and St. (x) You may not use an aggregate from 9 a.m. Monday until 9 a.m. Friday.
Matthew Islands and those waters length of set gillnets or drift gillnets in From June 1 through September 30,
draining into the Bering Sea. excess of 50 fathoms for taking salmon. within the waters of a commercial
(i) Unless otherwise restricted in this (xi) You may take fish other than salmon district, you may take salmon
section, you may take fish in the salmon by set gillnet, drift gillnet, beach only during State open commercial
Kuskokwim Area at any time without a seine, fish wheel, pot, long line, fyke salmon fishing periods.
subsistence fishing permit. net, dip net, jigging gear, spear, lead, (iii) In the Egegik River from 9 a.m.
(ii) For the Kuskokwim area, Federal handline, or rod and reel. June 23 through 9 a.m. July 17, you may
subsistence fishing schedules, openings, (xii) You must attach to the bank each take salmon only during the following
closings, and fishing methods are the subsistence gillnet operated in times: from 9 a.m. Tuesday to 9 a.m.
same as those issued for the subsistence tributaries of the Kuskokwim River and Wednesday and from 9 a.m. Saturday to
taking of fish under Alaska Statutes (AS fish it substantially perpendicular to the 9 a.m. Sunday.
16.05.060), unless superseded by a bank and in a substantially straight line. (iv) You may not take fish from waters
Federal Special Action. (xiii) Within a tributary to the within 300 feet of a stream mouth used
(iii) In District 1, Kuskokuak Slough, Kuskokwim River in that portion of the by salmon.
from June 1 through July 31 only, you Kuskokwim River drainage from the (v) You may not subsistence fish with
may not take salmon for 16 hours before north end of Eek Island upstream to the nets in the Tazimina River and within
and during each State open commercial mouth of the Kolmakoff River, you may one-fourth mile of the terminus of those
salmon fishing period in the district. not set or operate any part of a set waters during the period from
(iv) In Districts 4 and 5, from June 1 gillnet within 150 feet of any part of September 1 through June 14.
through September 8, you may not take another set gillnet. (vi) Within any district, you may take
salmon for 16 hours before or during, (xiv) The maximum depth of gillnets salmon, herring, and capelin by set
and for 6 hours after each State open is as follows: gillnets only.
(vii) Outside the boundaries of any of a subsistence fishing permit unless Umnak, and Atka-Amlia Islands
district, unless otherwise specified, you both lobes of the caudal fin (tail) or the Districts.
may take salmon by set gillnet only. dorsal fin have been removed. (ix) You may take no more than 250
(A) You may also take salmon by (xvii) You may take rainbow trout salmon for subsistence purposes unless
spear in the Togiak River, excluding its only by rod and reel or jigging gear. otherwise specified on the subsistence
tributaries. Rainbow trout daily harvest and fishing permit, except that in the
(B) You may also use drift gillnets not possession limits are 2 per day/2 in Unalaska and Adak Districts, you may
greater than 10 fathoms in length to take possession with no size limit from April take no more than 25 salmon plus an
salmon in the Togiak River in the first 10 through October 31 and 5 per day/ additional 25 salmon for each member
two river miles upstream from the 5 in possession with no size limit from of your household listed on the permit.
mouth of the Togiak River to the ADF&G November 1 through April 9. You may obtain an additional permit.
regulatory markers. (xviii) If you take rainbow trout (x) You must keep a record on the
(C) You may also take salmon without incidentally in other subsistence net reverse side of the permit of
a permit in Lake Clark and its tributaries fisheries, or through the ice, you may subsistence-caught fish. You must
by snagging (by handline or rod and retain them for subsistence purposes. complete the record immediately upon
reel), using a spear, bow and arrow, or (6) Aleutian Islands Area. The taking subsistence-caught fish and must
capturing by bare hand. Aleutian Islands Area includes all return it no later than October 31.
(D) You may also take salmon by waters of Alaska west of the longitude (xi) The daily harvest limit for halibut
beach seines not exceeding 25 fathoms of the tip of Cape Sarichef, east of 172° is two fish, and the possession limit is
in length in Lake Clark, excluding its East longitude, and south of 54°36′ two daily harvest limits. You may not
tributaries. North latitude. possess sport-taken and subsistence-
(viii) The maximum lengths for set (i) You may take fish other than taken halibut on the same day.
gillnets used to take salmon are as salmon, rainbow/steelhead trout, or char (7) Alaska Peninsula Area. The
follows: at any time unless restricted under the Alaska Peninsula Area includes all
(A) You may not use set gillnets waters of Alaska on the north side of the
terms of a subsistence fishing permit. If
exceeding 10 fathoms in length in the Alaska peninsula southwest of a line
you take rainbow/steelhead trout
Egegik River; from Cape Menshikof (57° 28.34′ North
(B) In the remaining waters of the incidentally in other subsistence net
fisheries, you may retain them for latitude, 157° 55.84′ West longitude) to
area, you may not use set gillnets Cape Newenham (58° 39.00′ North
exceeding 25 fathoms in length. subsistence purposes.
(ii) In the Unalaska District, you may latitude, 162° West longitude) and east
(ix) You may not operate any part of
take salmon for subsistence purposes of the longitude of Cape Sarichef Light
a set gillnet within 300 feet of any part
of another set gillnet. from 6 a.m. until 9 p.m. from January 1 (164° 55.70′ West longitude) and on the
(x) You must stake and buoy each set through December 31, except as may be south side of the Alaska Peninsula from
gillnet. Instead of having the identifying specified on a subsistence fishing a line extending from Scotch Cape
information on a keg or buoy attached permit. through the easternmost tip of Ugamak
to the gillnet, you may plainly and (iii) In the Adak, Akutan, Atka-Amlia, Island to a line extending 135° southeast
legibly inscribe your first initial, last and Umnak Districts, you may take from Kupreanof Point (55° 33.98′ North
name, and subsistence permit number salmon at any time. latitude, 159° 35.88′ West longitude).
on a sign at or near the set gillnet. (iv) You may not subsistence fish for (i) You may take fish, other than
(xi) You may not operate or assist in salmon in the following waters: salmon, rainbow/steelhead trout, or
operating subsistence salmon net gear (A) The waters of Unalaska Lake, its char, at any time unless restricted under
while simultaneously operating or tributaries and outlet stream; the terms of a subsistence fishing
assisting in operating commercial (B) The waters of Summers and permit. If you take rainbow/steelhead
salmon net gear. Morris Lakes and their tributaries and trout incidentally in other subsistence
(xii) During State closed commercial outlet streams; net fisheries or through the ice, you may
herring fishing periods, you may not use (C) All streams supporting retain them for subsistence purposes.
gillnets exceeding 25 fathoms in length anadromous fish runs that flow into (ii) You may take salmon, trout, and
for the subsistence taking of herring or Unalaska Bay south of a line from the char only under the authority of a
capelin. northern tip of Cape Cheerful to the subsistence fishing permit.
(xiii) You may take fish other than northern tip of Kalekta Point; (iii) You must keep a record on the
salmon, herring, capelin, and halibut by (D) Waters of McLees Lake and its reverse side of the permit of
gear listed in this part unless restricted tributaries and outlet stream; subsistence-caught fish. You must
under the terms of a subsistence fishing (E) All fresh water on Adak Island and complete the record immediately upon
permit. Kagalaska Island in the Adak District. taking subsistence-caught fish and must
(xiv) You may take salmon only under (v) You may take salmon by seine and return it no later than October 31.
authority of a subsistence fishing gillnet, or with gear specified on a (iv) You may take salmon at any time,
permit. subsistence fishing permit. except in those districts and sections
(xv) Only one subsistence fishing (vi) In the Unalaska District, if you open to commercial salmon fishing
permit for salmon may be issued to each fish with a net, you must be physically where salmon may not be taken during
household per year. present at the net at all times when the the 24 hours before and 12 hours
(xvi) In the Togiak River section and net is being used. following each State open weekly
the Togiak River drainage: (vii) You may take fish other than commercial salmon fishing period, or as
(A) You may not possess coho salmon salmon by gear listed in this part unless may be specified on a subsistence
taken under the authority of a restricted under the terms of a fishing permit.
subsistence fishing permit unless both subsistence fishing permit. (v) You may not subsistence fish for
lobes of the caudal fin (tail) or the dorsal (viii) You may take salmon, trout, and salmon in the following waters:
fin have been removed. char only under the terms of a (A) Russell Creek and Nurse Lagoon
(B) You may not possess salmon taken subsistence fishing permit, except that and within 500 yards outside the mouth
with a drift gillnet under the authority you do not need a permit in the Akutan, of Nurse Lagoon;
(B) Trout Creek and within 500 yards for salmon as specified on a State shore of Womens Bay at 57°41.95′ North
outside its mouth. subsistence salmon fishing permit. latitude, 152°31.50′ West longitude;
(vi) You may take salmon by seine, (vi) You may take salmon by seines, (B) Buskin River closed waters—all
gillnet, rod and reel, or with gear gillnets, rod and reel, or with gear waters inside of a line running from a
specified on a subsistence fishing specified on a subsistence fishing marker on the bluff north of the mouth
permit. permit, except that in Chignik Lake, you of the Buskin River at approximately
(vii) You may take fish other than may not use purse seines. 57°45.80′ North latitude, 152°28.38′
salmon by gear listed in this part unless (vii) You may take fish other than West longitude, to a point offshore at
restricted under the terms of a salmon by gear listed in this part unless 57°45.35′ North latitude, 152°28.15′
subsistence fishing permit. restricted under the terms of a West longitude, to a marker located
(viii) You may not use a set gillnet subsistence fishing permit. onshore south of the river mouth at
exceeding 100 fathoms in length. (viii) You may take halibut for approximately 57°45.15′ North latitude,
(ix) You may take halibut for subsistence purposes only by a single 152°28.65′ West longitude;
subsistence purposes only by a single handheld line with no more than two (C) All waters closed to commercial
handheld line with no more than two hooks attached. salmon fishing within 100 yards of the
hooks attached. (ix) You may take no more than 250 terminus of Selief Bay Creek;
(x) You may take no more than 250 salmon for subsistence purposes unless (D) In Afognak Bay north and west of
salmon for subsistence purposes unless otherwise specified on the subsistence a line from the tip of Last Point to the
otherwise specified on your subsistence fishing permit. tip of River Mouth Point;
(x) The daily harvest limit for halibut (E) From August 15 through
fishing permit.
is two fish, and the possession limit is September 30, all waters 500 yards
(xi) The daily harvest limit for halibut
two daily harvest limits. You may not seaward of the terminus of Little Kitoi
is two fish and the possession limit is
possess sport-taken and subsistence- Creek;
two daily harvest limits. You may not
taken halibut on the same day. (F) All fresh water systems of Afognak
possess sport-taken and subsistence-
(9) Kodiak Area. The Kodiak Area
taken halibut on the same day. Island.
includes all waters of Alaska south of a
(8) Chignik Area. The Chignik Area (iv) You must have a subsistence
line extending east from Cape Douglas
includes all waters of Alaska on the fishing permit for taking salmon, trout,
(58°51.10′ North latitude), west of 150°
south side of the Alaska Peninsula and char for subsistence purposes. You
West longitude, north of 55°30.00′ North
bounded by a line extending 135° must have a subsistence fishing permit
latitude, and north and east of a line
southeast for 3 miles from a point near for taking herring and bottomfish for
extending 135° southeast for three miles
Kilokak Rocks at 57° 10.34′ North subsistence purposes during the State
from a point near Kilokak Rocks at
latitude, 156° 20.22′ West longitude (the commercial herring sac roe season from
57°10.34′ North latitude, 156°20.22′
longitude of the southern entrance to April 15 through June 30.
West longitude (the longitude of the
Imuya Bay) then due south, and a line (v) With a subsistence salmon fishing
southern entrance of Imuya Bay), then
extending 135° southeast from permit you may take 25 salmon plus an
due south.
Kupreanof Point at 55° 33.98′ North (i) You may take fish other than additional 25 salmon for each member
latitude, 159° 35.88′ West longitude. salmon, rainbow/steelhead trout, char, of your household whose names are
(i) You may take fish other than bottomfish, or herring at any time unless listed on the permit. You may obtain an
salmon, rainbow/steelhead trout, or char restricted by the terms of a subsistence additional permit if you can show that
at any time, except as may be specified fishing permit. If you take rainbow/ more fish are needed.
by a subsistence fishing permit. For steelhead trout incidentally in other (vi) You must record on your
salmon, Federal subsistence fishing subsistence net fisheries, you may retain subsistence permit the number of
openings, closings and fishing methods them for subsistence purposes. subsistence fish taken. You must
are the same as those issued for the (ii) You may take salmon for complete the record immediately upon
subsistence taking of fish under Alaska subsistence purposes 24 hours a day landing subsistence-caught fish, and
Statutes (AS 16.05.060), unless from January 1 through December 31, must return it by February 1 of the year
superseded by a Federal Special Action. with the following exceptions: following the year the permit was
If you take rainbow/steelhead trout (A) From June 1 through September issued.
incidentally in other subsistence net 15, you may not use salmon seine (vii) You may take fish other than
fisheries, you may retain them for vessels to take subsistence salmon for 24 salmon and halibut by gear listed in this
subsistence purposes. hours before or during, and for 24 hours part unless restricted under the terms of
(ii) You may not take salmon in the after any State open commercial salmon a subsistence fishing permit.
Chignik River, from a point 300 feet fishing period. The use of skiffs from (viii) You may take salmon only by
upstream of the ADF&G weir to Chignik any type of vessel is allowed; gillnet, rod and reel, or seine.
Lake from July 1 through August 31. (B) From June 1 through September (ix) You must be physically present at
You may not take salmon in Black Lake 15, you may use purse seine vessels to the net when the net is being fished.
or any tributary to Black or Chignik take salmon only with gillnets, and you (x) You may take halibut only by a
Lakes. may have no other type of salmon gear single handheld line with not more than
(iii) You may take salmon, trout, and on board the vessel. two hooks attached to it.
char only under the authority of a (iii) You may not subsistence fish for (xi) The daily harvest limit for halibut
subsistence fishing permit. salmon in the following locations: is two fish, and the possession limit is
(iv) You must keep a record on your (A) Womens Bay closed waters—all two daily harvest limits. You may not
permit of subsistence-caught fish. You waters inside a line from the tip of the possess sport-taken and subsistence-
must complete the record immediately Nyman Peninsula (57°43.23′ North taken halibut on the same day.
upon taking subsistence-caught fish and latitude, 152°31.51′ West longitude), to (10) Cook Inlet Area. The Cook Inlet
must return it no later than October 31. the northeastern tip of Mary’s Island Area includes all waters of Alaska
(v) If you hold a commercial fishing (57°42.40′ North latitude, 152°32.00′ enclosed by a line extending east from
license, you may only subsistence fish West longitude), to the southeastern Cape Douglas (58°51.1′ North latitude)
and a line extending south from Cape subsistence purposes, unless restricted salmon taken by dip net and no more
Fairfield (148°50.25′ West longitude). in this section. than 5 Chinook taken by rod and reel.
(i) Unless restricted in this section, or (iv) In the Copper River drainage, you (xi) The following apply to Upper
unless restricted under the terms of a may take salmon only in the waters of Copper River District subsistence
subsistence fishing permit, you may the Upper Copper River District, or in salmon fishing permits:
take fish at any time in the Cook Inlet the vicinity of the Native Village of (A) Only one subsistence fishing
Area. If you take rainbow/steelhead Batzulnetas. permit per subdistrict will be issued to
trout incidentally in other subsistence (v) In the Upper Copper River District, each household per year. If a household
net fisheries, you may retain them for you may take salmon only by fish has been issued permits for both
subsistence purposes. wheels, rod and reel, or dip nets. subdistricts in the same year, both
(ii) You may not take grayling or (vi) Rainbow/steelhead trout and permits must be in your possession and
burbot for subsistence purposes. other freshwater fish caught incidentally readily available for inspection while
(iii) You may take fish by gear listed to salmon by fish wheel in the Upper fishing or transporting subsistence-taken
in this part unless restricted in this Copper River District may be retained. fish in either subdistrict. A qualified
section or under the terms of a (vii) Freshwater fish other than household may also be issued a
subsistence fishing permit (as may be rainbow/steelhead trout caught Batzulnetas salmon fishery permit in the
modified by this section). incidentally to salmon by dip net in the same year;
(iv) You may only take salmon, trout, Upper Copper River District may be (B) Multiple types of gear may be
Dolly Varden, and other char under retained. Rainbow/steelhead trout specified on a permit, although only one
authority of a Federal subsistence caught incidentally to salmon by dip net unit of gear may be operated at any one
fishing permit. Seasons, harvest and in the Upper Copper River District must time;
possession limits, and methods and be released unharmed to the water. (C) You must return your permit no
means for take are the same as for the (viii) You may not possess salmon later than October 31 of the year in
taking of those species under Alaska taken under the authority of an Upper which the permit is issued, or you may
sport fishing regulations (5 AAC 56). Copper River District subsistence be denied a permit for the following
(v) You may only take smelt with dip fishing permit, or rainbow/steelhead year;
nets in fresh water from April 1 through trout caught incidentally to salmon by (D) A fish wheel may be operated only
June 15. There are no harvest or fish wheel, unless the anal (ventral) fin by one permit holder at one time; that
possession limits for smelt. has been immediately removed from the permit holder must have the fish wheel
(vi) Gillnets may not be used in fresh marked as required by Section
fish. You must immediately record all
water, except for the taking of whitefish
retained fish on the subsistence permit. ll.27(i)(11) and during fishing
in the Tyone River drainage. operations;
(11) Prince William Sound Area. The Immediately means prior to concealing
(E) Only the permit holder and the
Prince William Sound Area includes all the fish from plain view or transporting
authorized member of the household
waters and drainages of Alaska between the fish more than 50 feet from where
listed on the subsistence permit may
the longitude of Cape Fairfield and the the fish was removed from the water.
take salmon;
longitude of Cape Suckling. (ix) You may take salmon in the
(F) You must personally operate your
(i) You may take fish, other than Upper Copper River District from May
fish wheel or dip net;
rainbow/steelhead trout, in the Prince 15 through September 30 only. (G) You may not loan or transfer a
William Sound Area only under (x) The total annual harvest limit for subsistence fish wheel or dip net permit
authority of a subsistence fishing subsistence salmon fishing permits in except as permitted.
permit, except that a permit is not combination for the Glennallen (xii) If you are a fish wheel owner:
required to take eulachon. You make not Subdistrict and the Chitina Subdistrict (A) You must register your fish wheel
take rainbow/steelhead trout, except as is as follows: with ADF&G or the Federal Subsistence
otherwise provided for in this (A) For a household with 1 person, 30 Board;
§ ll.27(i)(11). salmon, of which no more than 5 may (B) Your registration number and a
(A) In the Prince William Sound Area be Chinook salmon taken by dip net and wood, metal, or plastic plate at least 12
within Chugach National Forest and in no more than 5 Chinook taken by rod inches high by 12 inches wide bearing
the Copper River drainage downstream and reel; either your name and address, or your
of Haley Creek you may accumulate (B) For a household with 2 persons, Alaska driver’s license number, or your
Federal subsistence fishing harvest 60 salmon, of which no more than 5 Alaska State identification card number
limits with harvest limits under State of may be Chinook salmon taken by dip in letters and numerals at least 1 inch
Alaska sport fishing regulations net and no more than 5 Chinook taken high, must be permanently affixed and
provided that accumulation of fishing by rod and reel, plus 10 salmon for each plainly visible on the fish wheel when
harvest limits does not occur during the additional person in a household over 2 the fish wheel is in the water;
same day. persons, except that the household’s (C) Only the current year’s registration
(B) You may accumulate harvest limit for Chinook salmon taken by dip number may be affixed to the fish
limits of salmon authorized for the net or rod and reel does not increase; wheel; you must remove any other
Copper River drainage upstream from (C) Upon request, permits for registration number from the fish wheel;
Haley Creek with harvest limits for additional salmon will be issued for no (D) You must check your fish wheel
salmon authorized under State of Alaska more than a total of 200 salmon for a at least once every 10 hours and remove
sport fishing regulations. permit issued to a household with 1 all fish;
(ii) You may take fish by gear listed person, of which no more than 5 may (E) You are responsible for the fish
in paragraph (c)(1) of this part unless be Chinook salmon taken by dip net and wheel; you must remove the fish wheel
restricted in this section or under the no more than 5 Chinook taken by rod from the water at the end of the permit
terms of a subsistence fishing permit. and reel, or no more than a total of 500 period;
(iii) If you catch rainbow/steelhead salmon for a permit issued to a (F) You may not rent, lease, or
trout incidentally in other subsistence household with 2 or more persons, of otherwise use your fish wheel used for
net fisheries, you may retain them for which no more than 5 may be Chinook subsistence fishing for personal gain.
(xiii) If you are operating a fish wheel: regulatory markers located near the fishing period is from 6 a.m. to 6 p.m.
(A) You may operate only one fish mouth of Tanada Creek and on Saturday in that location.
wheel at any one time; approximately one-half mile (iv) You may take salmon, trout (other
(B) You may not set or operate a fish downstream from that mouth and in than steelhead), and char only under
wheel within 75 feet of another fish Tanada Creek between National Park authority of a subsistence fishing
wheel; Service regulatory markers identifying permit. You may take steelhead trout
(C) No fish wheel may have more than the open waters of the creek; only in the Situk and Ahrnklin Rivers
two baskets; (B) You may use only fish wheels, dip and only under authority of a Federal
(D) If you are a permittee other than nets, and rod and reel on the Copper subsistence fishing permit.
the owner, you must attach an River and only dip nets, spears, fyke (v) If you take salmon, trout, or char
additional wood, metal, or plastic plate nets, and rod and reel in Tanada Creek. incidentally by gear operated under the
at least 12 inches high by 12 inches One fyke net and associated lead may be terms of a subsistence permit for
wide, bearing your name and address in used in Tanada Creek upstream of the salmon, you may retain them for
letters and numerals at least 1 inch high, National Park Service weir; subsistence purposes. You must report
to the fish wheel so that the name and (C) You may take salmon only from any salmon, trout, or char taken in this
address are plainly visible. May 15 through September 30 or until manner on your permit calendar.
(xiv) A subsistence fishing permit the season is closed by special action; (vi) You may take fish by gear listed
may be issued to a village council, or (D) You may retain Chinook salmon in this part unless restricted in this
other similarly qualified organization taken in a fish wheel in the Copper section or under the terms of a
whose members operate fish wheels for River. You must return to the water subsistence fishing permit. In areas
subsistence purposes in the Upper unharmed any Chinook salmon caught where use of rod and reel is allowed,
Copper River District, to operate fish in Tanada Creek; you may use artificial fly, lure, or bait
wheels on behalf of members of its when fishing with rod and reel, unless
(E) You must return the permit to the
village or organization. The following restricted by Federal permit. If you use
National Park Service no later than
additional provisions apply to bait, you must retain all Federally-
October 15;
subsistence fishing permits issued regulated fish species caught, and they
(F) You may only use a fyke net after
under this paragraph (i)(11)(xiv): apply to your applicable daily and
consultation with the in-season
(A) The permit will list all households annual harvest limits for that species.
manager. You must be present when the
and household members for whom the For streams with steelhead, once your
fyke net is actively fishing. You may
fish wheel is being operated. The permit daily or annual limit of steelhead is
take no more than 1,000 sockeye salmon
will identify a person who will be harvested, you may no longer fish with
in Tanada Creek with a fyke net;
responsible for each fish wheel in a bait for any species.
similar manner to a fish wheel owner as (xvi) You may take pink salmon for
subsistence purposes from fresh water (vii) In the Situk River, each
described in paragraph (i)(11)(xii) of this subsistence salmon fishing permit
section; with a dip net from May 15 through
September 30, 7 days per week, with no holder shall attend his or her gillnet at
(B) The allowable harvest may not all times when it is being used to take
exceed the combined seasonal limits for harvest or possession limits in the
following areas: salmon.
the households listed on the permit; the (viii) You may block up to two-thirds
permittee will notify the ADF&G or (A) Green Island, Knight Island,
of a stream with a gillnet or seine used
Federal Subsistence Board when Chenega Island, Bainbridge Island,
for subsistence fishing.
households are added to the list, and the Evans Island, Elrington Island, Latouche (ix) You must immediately remove
seasonal limit may be adjusted Island, and adjacent islands, and the both lobes of the caudal (tail) fin from
accordingly; mainland waters from the outer point of subsistence-caught salmon when taken.
(C) Members of households listed on Granite Bay located in Knight Island (x) You may not possess subsistence-
a permit issued to a village council or Passage to Cape Fairfield; taken and sport-taken salmon on the
other similarly qualified organization (B) Waters north of a line from same day.
are not eligible for a separate household Porcupine Point to Granite Point, and (xi) You must possess a subsistence
subsistence fishing permit for the Upper south of a line from Point Lowe to fishing permit to take Dolly Varden. The
Copper River District; Tongue Point. daily harvest and possession limit is 10
(D) The permit will include (12) Yakutat Area. The Yakutat Area Dolly Varden of any size.
provisions for recording daily catches includes all waters and drainages of (13) Southeastern Alaska Area. The
for each fish wheel; location and Alaska between the longitude of Cape Southeastern Alaska Area includes all
number of fish wheels; full legal name Suckling and the longitude of Cape waters between a line projecting
of the individual responsible for the Fairweather. southwest from the westernmost tip of
lawful operation of each fish wheel as (i) Unless restricted in this section or Cape Fairweather and Dixon Entrance.
described in paragraph (i)(11)(xii) of this unless restricted under the terms of a (i) Unless restricted in this section or
section; and other information subsistence fishing permit, you may under the terms of a subsistence fishing
determined to be necessary for effective take fish at any time in the Yakutat permit, you may take fish other than
resource management. Area. salmon, trout, grayling, and char in the
(xv) You may take salmon in the (ii) You may not take salmon during Southeastern Alaska Area at any time.
vicinity of the former Native village of the period commencing 48 hours before (ii) You must possess a subsistence
Batzulnetas only under the authority of a State opening of commercial salmon fishing permit to take salmon, trout,
a Batzulnetas subsistence salmon net fishing season and ending 48 hours grayling, or char. You must possess a
fishing permit available from the after the closure. This applies to each subsistence fishing permit to take
National Park Service under the river or bay fishery individually. eulachon from any freshwater stream
following conditions: (iii) When the length of the weekly flowing into fishing Sections 1C or 1D.
(A) You may take salmon only in State commercial salmon net fishing (iii) In the Southeastern Alaska Area,
those waters of the Copper River period exceeds two days in any Yakutat a rainbow trout is defined as a fish of
between National Park Service Area salmon net fishery, the subsistence the species Oncorhyncus mykiss less
than 22 inches in overall length. A (xvi) The Sarkar River system above limit of two. You may only use a dip
steelhead is defined as a rainbow trout the bridge is closed to the use of all nets net, gaff, handline, spear, or rod and
with an overall length of 22 inches or by both Federally-qualified and non- reel. The permit conditions and systems
larger. Federally qualified users. to receive special protection will be
(iv)(A) In areas where use of rod and (xvii) Only Federally-qualified determined by the local Federal
reel is allowed, you may use artificial subsistence users may harvest sockeye fisheries manager in consultation with
fly, lure, or bait when fishing with rod salmon in streams draining into Falls ADF&G.
and reel, unless restricted by Federal Lake Bay, Gut Bay, or Bay of Pillars. (xxiii) You may take steelhead trout
permit. If you use bait, you must retain (xviii) From July 7 through July 31, on Prince of Wales and Kosciusko
all Federally-regulated fish species you may take sockeye salmon in the Islands under the terms of Federal
caught, and they apply to your waters of the Klawock River and subsistence fishing permits. You must
applicable daily, seasonal, and annual Klawock Lake only from 8 a.m. Monday obtain a separate permit for the winter
harvest limits for that species. For until 5 p.m. Friday. and spring seasons.
streams with steelhead, once your daily, (xix) You may take Chinook, sockeye, (A) The winter season is December 1
seasonal, or annual limit of steelhead is and coho salmon in the mainstem of the through the last day of February, with
harvested, you may no longer fish with Stikine River only under the authority a harvest limit of 2 fish per household.
bait for any species. of a Federal subsistence fishing permit. You may use only a dip net, handline,
(B) Unless otherwise specified in this Each Stikine River permit will be issued spear, or rod and reel. The winter
§ ll.27(i)(13), allowable gear for to a household and will be valid for 15 season may be closed when the harvest
salmon or steelhead is restricted to gaffs, days. Permits may be revalidated for level cap of 100 steelhead for Prince of
spears, gillnets, seines, dip nets, cast additional 15-day periods. Only dip Wales/Kosciusko Islands has been
nets, handlines, or rod and reel. nets, spears, gaffs, rod and reel, beach reached. You must return your winter
(v) Unless otherwise specified in this seine, or gillnets not exceeding 15 season permit within 15 days of the
§ ll.27(i)(13), you may use a handline fathoms in length may be used. The close of the season and before receiving
for snagging salmon or steelhead. maximum gillnet mesh size is 51⁄2- another permit for a Prince of Wales/
(vi) You may fish with a rod and reel inches, except during the Chinook Kosciusko steelhead subsistence fishery.
within 300 feet of a fish ladder unless season when the maximum gillnet mesh The permit conditions and systems to
the site is otherwise posted by the size is 8 inches. receive special protection will be
USDA Forest Service. You may not fish (A) You may take Chinook salmon determined by the local Federal
from, on, or in a fish ladder. from May 15 through June 20. The fisheries manager in consultation with
(vii) You may accumulate annual annual limit is 5 Chinook salmon per ADF&G.
Federal subsistence harvest limits household. (B) The spring season is March 1
authorized for the Southeastern Alaska (B) You may take sockeye salmon through May 31, with a harvest limit of
Area with harvest limits authorized from June 21 through July 31. The 5 fish per household. You may use only
under State of Alaska sport fishing annual limit is 40 sockeye salmon per a dip net, handline, spear, or rod and
regulations. household. reel. The spring season may be closed
(viii) If you take salmon, trout, or char (C) You may take coho salmon from prior to May 31 if the harvest quota of
incidentally with gear operated under August 15 through October 1. The 600 fish minus the number of steelhead
terms of a subsistence permit for other annual limit is 20 coho salmon per harvested in the winter subsistence
salmon, they may be kept for household. steelhead fishery is reached. You must
subsistence purposes. You must report (D) You may retain other salmon return your spring season permit within
any salmon, trout, or char taken in this taken incidentally by gear operated 15 days of the close of the season and
manner on your subsistence fishing under terms of this permit. The before receiving another permit for a
permit. incidentally taken salmon must be Prince of Wales/Kosciusko steelhead
(ix) No permits for the use of nets will reported on your permit calendar. subsistence fishery. The permit
be issued for the salmon streams (E) The total annual guideline harvest conditions and systems to receive
flowing across or adjacent to the road level for the Stikine River fishery is 125 special protection will be determined by
systems within the city limits of Chinook, 600 sockeye, and 400 coho the local Federal fisheries manager in
Petersburg, Wrangell, and Sitka. salmon. All salmon harvested, including consultation with ADF&G.
(x) You must immediately remove incidentally taken salmon, will count (xxiv) In addition to the requirement
both lobes of the caudal (tail) fin of against the guideline for that species. for a Federal subsistence fishing permit,
subsistence-caught salmon when taken. (xx) You may take coho salmon under the following restrictions for the harvest
(xi) You may not possess subsistence- the terms of a subsistence fishing of Dolly Varden, brook trout, grayling,
taken and sport-taken salmon on the permit, except in the Stikine and Taku cutthroat, and rainbow trout apply:
same day. Rivers. There is no closed season. The (A) The daily household harvest and
(xii) If a harvest limit is not otherwise daily harvest limit is 20 coho salmon possession limit is 20 Dolly Varden;
listed for sockeye in this § ll.27(i)(13), per household. Only dip nets, spears, there is no closed season or size limit;
the harvest limit for sockeye salmon is gaffs, handlines, and rod and reel may (B) The daily household harvest and
the same as provided for in adjacent be used. possession limit is 20 brook trout; there
State subsistence or personal use (xxi) Unless noted on a Federal is no closed season or size limit;
fisheries. If a harvest limit is not subsistence harvest permit, there are no (C) The daily household harvest and
established for the State subsistence or harvest limits for pink or chum salmon. possession limit is 20 grayling; there is
personal use fisheries, the possession (xxii) Unless otherwise specified in no closed season or size limit;
limit is 10 sockeye and the annual this § ll.27(i)(13), you may take (D) The daily household harvest limit
harvest limit is 20 sockeye per steelhead under the terms of a is 6 and the household possession limit
household for that stream. subsistence fishing permit. The open is 12 cutthroat or rainbow trout in
(xiii) [Reserved]. season is January 1 through May 31. The combination; there is no closed season
(xiv) [Reserved]. daily household harvest and possession or size limit;
(xv) [Reserved]. limit is one with an annual household (E) You may only use a rod and reel;
(F) The permit conditions and (ii) Kegs or buoys attached to harvested, time and area of fishing, the
systems to receive special protection subsistence crab pots also must be type and amount of fishing gear and
will be determined by the local Federal inscribed with the name or United other conditions necessary for
fisheries manager in consultation with States Coast Guard number of the vessel management or conservation purposes;
ADF&G. used to operate the pots. (5) If specified on the permit, you
(6) Pots used for subsistence fishing must keep accurate daily records of the
§ ll.28 Subsistence taking of shellfish. must comply with the escape catch involved, showing the number of
(a) Regulations in this section apply to mechanism requirements found in shellfish taken by species, location and
subsistence taking of Dungeness crab, § ll.27(c)(2). date of the catch, and such other
king crab, Tanner crab, shrimp, clams, (7) You may not mutilate or otherwise information as may be required for
abalone, and other shellfish or their disfigure a crab in any manner which management or conservation purposes;
parts. would prevent determination of the (6) You must complete and submit
(b) [Reserved]. minimum size restrictions until the crab subsistence fishing reports at the time
(c) You may take shellfish for has been processed or prepared for specified for each particular area and
subsistence uses at any time in any area consumption. fishery;
of the public lands by any method (e) Taking shellfish by designated (7) If the return of catch information
unless restricted by this section. harvest permit. (1) Any species of necessary for management and
(d) Methods, means, and general shellfish that may be taken by conservation purposes is required by a
restrictions. (1) The harvest limit subsistence fishing under this part may subsistence fishing permit and you fail
specified in this section for a be taken under a designated harvest to comply with such reporting
subsistence season for a species and the permit. requirements, you are ineligible to
State harvest limit set for a State season (2) If you are a Federally-qualified receive a subsistence permit for that
for the same species are not cumulative. subsistence user (beneficiary), you may activity during the following calendar
This means that if you have taken the designate another Federally-qualified year, unless you demonstrate that
harvest limit for a particular species subsistence user to take shellfish on failure to report was due to loss in the
under a subsistence season specified in your behalf. The designated fisherman mail, accident, sickness, or other
this section, you may not, after that, take must obtain a designated harvest permit unavoidable circumstances.
any additional shellfish of that species prior to attempting to harvest shellfish (g) Subsistence take by commercial
under any other harvest limit specified and must return a completed harvest vessels. No fishing vessel which is
for a State season. report. The designated fisherman may commercially licensed and registered
(2) Unless otherwise provided in this harvest for any number of beneficiaries for shrimp pot, shrimp trawl, king crab,
section or under terms of a required but may have no more than two harvest Tanner crab, or Dungeness crab fishing
subsistence fishing permit (as may be limits in his/her possession at any one may be used for subsistence take during
modified by this section), you may use time. the period starting 14 days before an
the following legal types of gear to take (3) The designated fisherman must opening and ending 14 days after the
shellfish: have in possession a valid designated closure of a respective open season in
(i) Abalone iron; harvest permit when taking, attempting the area or areas for which the vessel is
(ii) Diving gear; to take, or transporting shellfish taken registered. However, if you are a
(iii) A grappling hook;
(iv) A handline; under this section, on behalf of a commercial fisherman, you may retain
(v) A hydraulic clam digger; beneficiary. shellfish for your own use from your
(vi) A mechanical clam digger; (4) You may not fish with more than lawfully taken commercial catch.
(vii) A pot; one legal limit of gear as established by (h) You may not take or possess
(viii) A ring net; this section. shellfish smaller than the minimum
(ix) A scallop dredge; (5) You may not designate more than legal size limits.
(x) A sea urchin rake; one person to take or attempt to take (i) Unlawful possession of subsistence
(xi) A shovel; and shellfish on your behalf at one time. shellfish. You may not possess,
(xii) A trawl. You may not personally take or attempt transport, give, receive, or barter
(3) You are prohibited from buying or to take shellfish at the same time that a shellfish or their parts taken in violation
selling subsistence-taken shellfish, their designated fisherman is taking or of Federal or State regulations.
parts, or their eggs, unless otherwise attempting to take shellfish on your (j) (1) An owner, operator, or
specified. behalf. employee of a lodge, charter vessel, or
(4) You may not use explosives and (f) If a subsistence shellfishing permit other enterprise that furnishes food,
chemicals, except that you may use is required by this section, the following lodging, or guide services may not
chemical baits or lures to attract conditions apply unless otherwise furnish to a client or guest of that
shellfish. specified by the subsistence regulations enterprise, shellfish that has been taken
(5) Marking requirements for in this section: under this section, unless:
subsistence shellfish gear are as follows: (1) You may not take shellfish for (i) The shellfish has been taken with
(i) You must plainly and legibly subsistence in excess of the limits set gear deployed and retrieved by the
inscribe your first initial, last name, and out in the permit unless a different limit client or guest who is a Federally-
address on a keg or buoy attached to is specified in this section; qualified subsistence user;
unattended subsistence fishing gear, (2) You must obtain a permit prior to (ii) The gear has been marked with the
except when fishing through the ice, subsistence fishing; client’s or guest’s name and address;
when you may substitute for the keg or (3) You must have the permit in your and
buoy a stake inscribed with your first possession and readily available for (iii) The shellfish is to be consumed
initial, last name, and address inserted inspection while taking or transporting by the client or guest or is consumed in
in the ice near the hole; subsistence the species for which the permit is the presence of the client or guest.
fishing gear may not display a issued; (2) The captain and crewmembers of
permanent ADF&G vessel license (4) The permit may designate the a charter vessel may not deploy, set, or
number; species and numbers of shellfish to be retrieve their own gear in a subsistence
shellfish fishery when that vessel is (iv) In the subsistence taking of king crabs with a shell width of 61⁄2 inches
being chartered. crab: or greater may be taken or possessed;
(k) Subsistence shellfish areas and (A) The annual limit is six crabs per (B) All crab pots used for subsistence
pertinent restrictions. (1) Southeastern household; only male king crab with fishing and left in saltwater unattended
Alaska-Yakutat Area. No marine waters shell width of 7 inches or greater may longer than a 2-week period must have
are currently identified under Federal be taken or possessed; all bait and bait containers removed and
subsistence management jurisdiction. (B) All crab pots used for subsistence all doors secured fully open;
(2) Prince William Sound Area. No fishing and left in saltwater unattended (C) You may take crabs only from June
marine waters are currently identified longer than a 2-week period must have 1 through January 31.
under Federal subsistence management all bait and bait containers removed and
(iv) The daily harvest and possession
jurisdiction. all doors secured fully open;
limit is 12 male Tanner crabs per
(3) Cook Inlet Area. (i) You may take (C) You may only use one crab pot,
person; only crabs with a shell width of
shellfish for subsistence purposes only which may be of any size, to take king
51⁄2 inches or greater may be taken or
as allowed in this section (k)(3). crab;
(D) You may take king crab only from possessed.
(ii) You may not take king crab,
Dungeness crab, or shrimp for June 1 through January 31, except that (6) Bering Sea Area. (i) In that portion
subsistence purposes. the subsistence taking of king crab is of the area north of the latitude of Cape
(iii) In the subsistence taking of prohibited in waters 25 fathoms or Newenham, shellfish may only be taken
Tanner crab: greater in depth during the period 14 by shovel, jigging gear, pots, and ring
(A) Male Tanner crab may be taken days before and 14 days after State open net.
only from July 15 through March 15; commercial fishing seasons for red king (ii) The operator of a commercially
(B) The daily harvest and possession crab, blue king crab, or Tanner crab in licensed and registered shrimp fishing
limit is 5 male Tanner crabs; the location; vessel must obtain a subsistence fishing
(C) Only male Tanner crabs 51⁄2 (E) The waters of the Pacific Ocean permit from the ADF&G prior to
inches or greater in width of shell may enclosed by the boundaries of Womens subsistence shrimp fishing during a
be taken or possessed; Bay, Gibson Cove, and an area defined closed commercial shrimp fishing
(D) No more than 2 pots per person, by a line 1⁄2 mile on either side of the season or within a closed commercial
regardless of type, with a maximum of mouth of the Karluk River, and shrimp fishing district, section, or
2 pots per vessel, regardless of type, extending seaward 3,000 feet, and all subsection; the permit must specify the
may be used to take Tanner crab. waters within 1,500 feet seaward of the area and the date the vessel operator
(iv) In the subsistence taking of clams: shoreline of Afognak Island are closed intends to fish; no more than 500
(A) The daily harvest and possession to the harvest of king crab except by pounds (227 kg) of shrimp may be in
limit for littleneck clams is 1,000 and Federally-qualified subsistence users. possession aboard the vessel.
the minimum size is 1.5 inches in (v) In the subsistence taking of Tanner (iii) In waters south of 60° North
length; crab: latitude, the daily harvest and
(B) The daily harvest and possession (A) You may not use more than five possession limit is 12 male Dungeness
limit for butter clams is 700 and the crab pots to take Tanner crab; crabs per person.
minimum size is 2.5 inches in length. (B) You may not take Tanner crab in (iv) In the subsistence taking of king
(v) Other than as specified in this waters 25 fathoms or greater in depth crab:
section, there are no harvest, possession, during the 14 days immediately before (A) In waters south of 60° North
or size limits for other shellfish, and the the opening of a State commercial king latitude, the daily harvest and
season is open all year. or Tanner crab fishing season in the
(4) Kodiak Area. (i) You may take crab possession limit is six male crabs per
location; person;
for subsistence purposes only under the (C) The daily harvest and possession
authority of a subsistence crab fishing (B) All crab pots used for subsistence
limit per person is 12 male crabs with
permit issued by the ADF&G. fishing and left in saltwater unattended
a shell width 51⁄2 inches or greater.
(ii) The operator of a commercially (5) Alaska Peninsula-Aleutian Islands longer than a 2-week period must have
licensed and registered shrimp fishing Area. (i) The operator of a commercially all bait and bait containers removed and
vessel must obtain a subsistence fishing licensed and registered shrimp fishing all doors secured fully open;
permit from the ADF&G before vessel must obtain a subsistence fishing (C) In waters south of 60° North
subsistence shrimp fishing during a permit from the ADF&G prior to latitude, you may take crab only from
State closed commercial shrimp fishing subsistence shrimp fishing during a June 1 through January 31;
season or within a closed commercial closed State commercial shrimp fishing (D) In the Norton Sound Section of
shrimp fishing district, section, or season or within a closed commercial the Northern District, you must have a
subsection. The permit must specify the shrimp fishing district, section, or subsistence permit.
area and the date the vessel operator subsection; the permit must specify the (v) In waters south of 60° North
intends to fish. No more than 500 area and the date the vessel operator latitude, the daily harvest and
pounds (227 kg) of shrimp may be in intends to fish; no more than 500 possession limit is 12 male Tanner
possession aboard the vessel. pounds (227 kg) of shrimp may be in crabs.
(iii) The daily harvest and possession possession aboard the vessel. Dated: January 30, 2007.
limit is 12 male Dungeness crabs per (ii) The daily harvest and possession Peter J. Probasco,
person; only male Dungeness crabs with limit is 12 male Dungeness crabs per
Acting Chair, Federal Subsistence Board.
a shell width of 61⁄2 inches or greater person; only crabs with a shell width of
may be taken or possessed. Taking of Dated: January 30, 2007.
51⁄2 inches or greater may be taken or
Dungeness crab is prohibited in water possessed. Steve Kessler,

25 fathoms or more in depth during the (iii) In the subsistence taking of king Subsistence Program Leader, USDA-Forest
14 days immediately before the State crab: Service.
opening of a commercial king or Tanner (A) The daily harvest and possession [FR Doc. 07–1166 Filed 3–15–07; 8:45 am]
crab fishing season in the location. limit is six male crabs per person; only BILLING CODE 3410–11–P; 4310–55–P

Rule: Alaska National Interest Lands Conservation Act: Fish and Shellfish Subsistence Taking

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Rule: Alaska National Interest Lands Conservation Act: Fish and Shellfish Subsistence Taking

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Friday,

March 16, 2007

36 CFR Part 242

50 CFR Part 100

Area Species Determination

Sparrevohn USAFB, and Tatalina USAFB.

Area Species Determination

Rainbow trout ...................................... Residents of the communities of Akiachak, Akiak,

mainland waters from the outer point on the

Area Species Determination

Lake within 500 yards of the terminus of

Area Species Determination

(3) Shellfish determinations. The and traditional use determination in the

Area Species Determination

Area Species Determination

* * * * * (vi) Troll gear; this section, satisfy the following: a

Dungeness crab is prohibited in water possessed. Steve Kessler,

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