[Federal Register: February 12, 2003 (Volume 68, Number 29)] [Rules and Regulations] [Page 7275-7293] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12fe03-9] [[Page 7275]] ----------------------------------------------------------------------- Part III 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: 2003-2005 Subsistence Taking of Fish and Shellfish Regulations; Changes to Harvest Limits for Moose in Units 21(D) and 24, Muskox in Unit 26(C), and Caribou in Unit 17(A) and (C); Final Rules and Proposed Rule [[Page 7276]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 RIN 1018-AI09 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D--2003 Subsistence Taking of Fish and Shellfish Regulations AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2003 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. This rulemaking replaces the fish and shellfish regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D--2002 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on February 28, 2003. This rule also amends the Customary and Traditional Use Determinations of the Federal Subsistence Board (Section -- .24 of Subpart C). DATES: Sections -- .24(a)(2) and (3) are effective March 1, 2003. Sections -- .27 and -- .28 are effective March 1, 2003, through February 29, 2004. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of Subsistence Management; (907) 786-3888. For questions specific to National Forest System lands, contact Ken Thompson, Regional Subsistence Program Manager, USDA, Forest Service, Alaska Region, (907) 786-3592. SUPPLEMENTARY INFORMATION: Background Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a joint program to grant a preference for subsistence uses of fish and wildlife resources on public lands, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, preference, and participation specified in Sections 803, 804, and 805 of ANILCA. The State implemented a program that the Department of the Interior previously found to be consistent with ANILCA. However, in December 1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska that the rural preference in the State subsistence statute violated the Alaska Constitution. The Court's ruling in McDowell required the State to delete the rural preference from the subsistence statute and, therefore, negated State compliance with ANILCA. The Court stayed the effect of the decision until July 1, 1990. As a result of the McDowell decision, the Department of the Interior and the Department of Agriculture (Departments) assumed, on July 1, 1990, responsibility for implementation of Title VIII of ANILCA on public lands. On June 29, 1990, the Temporary Subsistence Management Regulations for Public Lands in Alaska were published in the Federal Register (55 FR 27114-27170). On January 8, 1999 (64 FR 1276), the Departments extended jurisdiction to include waters in which there exists a Federal reserved water right. This amended rule conformed the Federal Subsistence Management Program to the Ninth Circuit's ruling in Alaska v. Babbitt. Consistent with Subparts A, B, and C of these regulations, the Departments established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board's composition includes a Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional Director, U.S. National Park Service; the Alaska State Director, U.S. Bureau of Land Management; the Alaska Regional Director, U.S. Bureau of Indian Affairs; and the Alaska Regional Forester, USDA Forest Service. Through the Board, these agencies participated in the development of regulations for Subparts A, B, and C, and the annual Subpart D regulations. All Board members have reviewed this rule and agree with its substance. Because this rule relates to public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text would be incorporated into 36 CFR part 242 and 50 CFR part 100. Applicability of Subparts A, B, and C Subparts A, B, and C (unless otherwise amended) of the Subsistence Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to 100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR 242.4 apply to regulations found in this subpart. Federal Subsistence Regional Advisory Councils Pursuant to the Record of Decision, Subsistence Management Regulations for Federal Public Lands in Alaska, April 6, 1992, and the Subsistence Management Regulations for Federal Public Lands in Alaska, 36 CFR 242.11 and 242.22 (2002) and 50 CFR 100.11 and 100.22 (2002), and for the purposes identified therein, we divide Alaska into ten subsistence resource regions, each of which is represented by a Federal Subsistence Regional Advisory Council (Regional Council). The Regional Councils provide a forum for rural residents, with personal knowledge of local conditions and resource requirements, to have a meaningful role in the subsistence management of fish and wildlife on Alaska public lands. The Regional Council members represent varied geographical, cultural, and user diversity within each region. The Regional Councils had a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, the Council Chairs, or their designated representatives, presented their Council's recommendations at the Board meeting of December 17-18, 2002. Summary of Changes Section -- .24 (Customary and traditional use determinations) was originally published in the Federal Register (57 FR 22940) on May 29, 1992. Since that time, the Board has made a number of Customary and Traditional Use Determinations at the request of impacted subsistence users. Those modifications, along with some administrative corrections, were published in the Federal Register (59 FR 27462, published May 27, 1994; 59 FR 51855, published October 13, 1994; 60 FR 10317, published February 24, 1995; 61 FR 39698, published July 30, 1996; 62 FR 29016, published May 29, 1997; 63 FR 35332, published June 29, 1998; 63 FR 46148, published August 28, 1998; 64 FR 1276, published January 8, 1999; 64 FR 35776, published July 1, 1999; 66 FR 10142, published February 13, 2001; and 67 FR 5890, published [[Page 7277]] February 7, 2002). During its December 17-18, 2002, meeting, the Board made additional determinations in addition to various annual season and harvest limit changes. The public has had extensive opportunity to review and comment on all changes. Additional details on the recent Board modifications are contained below in Analysis of Proposals Adopted by the Board. Subpart D regulations are subject to an annual cycle and require development of an entire new rule each year. Customary and traditional use determinations are also subject to an annual review process providing for modification each year. We published proposed Subpart D regulations for the 2003-04 seasons, harvest limits, and methods and means on February 11, 2002, in the Federal Register (67 FR 6334). A 50- day comment period providing for public review of the proposed rule and calling for proposals was advertised by mail, radio, and newspaper. During that period, the Regional Councils met and, in addition to other Regional Council business, received suggestions for proposals from the public. The Board received a total of 33 proposals for changes to Customary and Traditional Use Determinations or to Subpart D. This number included some proposals deferred from previous years. Subsequent to the review period, the Board prepared a booklet describing the proposals and distributed it to the public. The public had an additional 30 days in which to comment on the proposals for changes to the regulations. The ten Regional Councils met again, received public comments, and formulated their recommendations to the Board on proposals for their respective regions. Five of the proposals were not considered, falling outside the call for proposals. Three proposals and part of another were withdrawn before Board consideration. These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. Analysis of Proposals Rejected by the Board The Board rejected five proposals and part of one other proposal. All but one of these rejections were based on recommendations from the respective Regional Council. In that other case, the Regional Council recommendation to extend jurisdiction into an area of marine waters was inconsistent with the authority provided for in ANILCA. The Board rejected three proposals requesting revised customary and traditional use determinations in the Prince William Sound Area. These proposals were rejected because there was inadequate information documenting historical use of Federal waters. One proposal requested specific regulations for the use of fish traps (fyke nets). This proposal was rejected because it would be detrimental to the subsistence user and limit the flexibility for species management in the area. The Board rejected a proposal that would have allowed the use of bait for taking coho salmon. This proposal was rejected because there is no information that subsistence users are unable to meet their needs under the present regulations and there is a concern regarding hooking mortality in other species with the use of bait. In the case of the partial rejection, the marine area requested for regulation is not under jurisdiction of the Federal Subsistence Program and the freshwater areas support sockeye salmon populations that are sufficient for subsistence and nonsubsistence harvest. The Board deferred action on three proposals and part of one other in order to assemble additional fisheries data, harvest information, or to allow communities or Regional Councils additional time to review the issues and provide additional information. Analysis of Proposals Adopted by the Board The Board adopted 11 proposals and part of 1 other proposal. In two cases, a number of proposals dealing with the same issue were dealt with as a package. Some proposals were adopted as submitted and others were adopted with modifications suggested by the respective Regional Council or developed during the Board's public deliberations. All of the adopted proposals were recommended for adoption by at least one of the Regional Councils and were based on meeting customary and traditional uses, harvest practices, or protecting fish populations. Detailed information relating to justification for the action on each proposal may be found in the Board meeting transcripts, available for review at the Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, Alaska, or on the Office of Subsistence Management Web site (http://alaska.fws.gov/asm/home.html). Additional technical clarifications and removal of excess materials have been made, which result in a more readable document. Multiple Regions The Board adopted two proposals resulting in the following changes in the regulations found in Sec. --.27, which affects residents of multiple Regions. [sbull] Provided for harvest of fish to be used in traditional religious ceremonies as part of a funerary or mortuary cycle. [sbull] Provided for the adoption of State Emergency Orders in the Yukon and Kuskokwim River drainages. Yukon-Northern Fishery Management Area The Board adopted one proposal affecting residents of the Yukon- Northern Fishery Management Area resulting in the following changes to the regulations found in Sec. --.27. [sbull] Revised the regulations relative to use of rod and reel to take salmon during the period closed to net or fishwheel use. Kuskokwim Fishery Management Area The Board adopted one proposal affecting residents of the Kuskokwim Fishery Management Area resulting in the following changes to the regulations found in Sec. --.27. [sbull] Revised the regulations relative to use of rod and reel to take salmon during the period closed to net or fishwheel use in a portion of the area. Bristol Bay Fishery Management Area The Board adopted one proposal affecting residents of the Bristol Bay Fishery Management Area resulting in the following changes to the regulations found in Sec. --.27. [sbull] Established harvest regulations for rainbow trout. Kodiak Fishery Management Area The Board adopted one proposal affecting residents of the Kodiak Fishery Management Area resulting in the following changes to the regulations found in Sec. --.28. [sbull] Revised the regulations relative to the harvest of king crab. Cook Inlet Fishery Management Area The Board adopted parts of three similar proposals affecting residents of the Cook Inlet Fishery Management Area resulting in the following change to the regulations found in Sec. Sec. --.24 and --.27. [sbull] Established a customary and traditional use determination in Federal waters for shellfish. [sbull] Established subsistence harvest regulations for shellfish. Prince William Sound Fishery Management Area The Board adopted three proposals affecting residents of the Prince William Sound Fishery Management Area resulting in the following changes to the regulations found in Sec. --.27. [[Page 7278]] [sbull] Revised the marking and recording requirements for subsistence taken salmon and rainbow/steelhead trout. [sbull] Allowed the retention of incidentally caught freshwater fish in fishwheels. [sbull] Established a harvest limit for chinook salmon taken by rod and reel. Southeastern Alaska Fishery Management Area The Board considered five proposals relative to steelhead harvest on Prince of Wales Island and adopted a modified proposal affecting residents of the Southeastern Alaska Fishery Management Area resulting in the following changes to the regulations found in Sec. --.27. [sbull] Established harvest limits and methods and means for rainbow/steelhead trout on Prince of Wales Island in a winter and a spring season. Conformance With Statutory and Regulatory Authorities National Environmental Policy Act Compliance A Draft Environmental Impact Statement (DEIS) for developing a Federal Subsistence Management Program was distributed for public comment on October 7, 1991. That document described the major issues associated with Federal subsistence management as identified through public meetings, written comments, and staff analysis and examined the environmental consequences of four alternatives. Proposed regulations (Subparts A, B, and C) that would implement the preferred alternative were included in the DEIS as an appendix. The DEIS and the proposed administrative regulations presented a framework for an annual regulatory cycle regarding subsistence hunting and fishing regulations (Subpart D). The Final Environmental Impact Statement (FEIS) was published on February 28, 1992. Based on the public comment received, the analysis contained in the FEIS, and the recommendations of the Federal Subsistence Board and the Department of the Interior's Subsistence Policy Group, the Secretary of the Interior, with the concurrence of the Secretary of Agriculture, through the U.S. Department of Agriculture-Forest Service, implemented Alternative IV as identified in the DEIS and FEIS (Record of Decision on Subsistence Management for Federal Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the selected alternative in the FEIS defined the administrative framework of an annual regulatory cycle for subsistence hunting and fishing regulations. The final rule for Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C (57 FR 22940-22964, published May 29, 1992; amended January 8, 1999, 64 FR 1276, June 12, 2001, 66 FR 31533, and May 7, 2002, 67 FR 30559) implemented the Federal Subsistence Management Program and included a framework for an annual cycle for subsistence hunting and fishing regulations. An environmental assessment was prepared in 1997 on the expansion of Federal jurisdiction over fisheries and is available by contacting the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior with the concurrence of the Secretary of Agriculture determined that the expansion of Federal jurisdiction did not constitute a major Federal action, significantly affecting the human environment and has, therefore, signed a Finding of No Significant Impact. Compliance With Section 810 of ANILCA The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. A Section 810 analysis was completed as part of the FEIS process. The final Section 810 analysis determination appeared in the April 6, 1992, ROD, which concluded that the Federal Subsistence Management Program may have some local impacts on subsistence uses, but the program is not likely to significantly restrict subsistence uses. Paperwork Reduction Act These rules contain information collection requirements subject to Office of Management and Budget (OMB) approval under the Paperwork Reduction Act of 1995. They apply to the use of public lands in Alaska. The information collection requirements described below were approved by OMB under 44 U.S.C. 3501 and were assigned clearance number 1018- 0075, which expires July 31, 2003. On January 16, 2003, we published in the Federal Register (68 FR 2347) a notice of our intent to request OMB approval of a 3-year renewal of this information collection. We will not conduct or sponsor, and you are not required to respond to, a collection of information request unless it displays a currently valid OMB control number. Other Requirements This rule was not subject to OMB review under Executive Order 12866. The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires preparation of flexibility analyses for rules that will have a significant economic effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. The Departments have determined that this rulemaking will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. This rulemaking will impose no significant costs on small entities; the exact number of businesses and the amount of trade that will result from this Federal land-related activity is unknown. The aggregate effect is an insignificant positive economic effect on a number of small entities, such as tackle, boat, and gasoline dealers. The number of small entities affected is unknown; but, the fact that the positive effects will be seasonal in nature and will, in most cases, merely continue preexisting uses of public lands indicates that the effects will not be significant. In general, the resources harvested under this rule will be consumed by the local harvester and do not result in a dollar benefit to the economy. However, we estimate that 24 million pounds of fish (including 8.3 million pounds of salmon) are harvested by the local subsistence users annually and, if given a dollar value of $3.00 per pound for salmon and $ 0.58 per pound for other fish, would equate to about $34 million in food value Statewide. Title VIII of ANILCA requires the Secretaries to administer a subsistence preference on public lands. The scope of this program is limited by definition to certain public lands. Likewise, these regulations have no potential takings of private property implications as defined by Executive Order 12630. The Service has determined and certifies pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies, and no cost is involved to any State or local entities or Tribal governments. The Service has determined that these final regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988 on Civil Justice Reform. [[Page 7279]] In accordance with Executive Order 13132, the rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Title VIII of ANILCA precludes the State from exercising management authority over wildlife resources on Federal lands. In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), 512 DM 2, and E.O. 13175, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects. The Bureau of Indian Affairs is a participating agency in this rulemaking. On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, or use. This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. As this rule is not a significant regulatory action under Executive Order 13211, affecting energy supply, distribution, or use, this action is not a significant action and no Statement of Energy Effects is required. Drafting Information William Knauer drafted these regulations under the guidance of Thomas H. Boyd, of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Taylor Brelsford, Alaska State Office, Bureau of Land Management; Rod Simmons, Alaska Regional Office, U.S. Fish and Wildlife Service; Bob Gerhard, Alaska Regional Office, National Park Service; Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; and Ken Thompson, USDA-Forest Service, provided additional guidance. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. For the reasons set out in the preamble, the Federal Subsistence Board amends Title 36, part 242, and Title 50, part 100, of the Code of Federal Regulations, as set forth below. PART----SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 1. The authority citation for both 36 CFR Part 242 and 50 CFR Part 100 continues to read as follows: Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 3551-3586; 43 U.S.C. 1733. Subpart C--Board Determinations 2. In Subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. Sec. --24(a)(2) and (3) are revised to read as follows: Sec. --.24 Customary and traditional use determinations. (a) * * * (2) Fish determinations. The following communities and areas have been found to have a positive customary and traditional use determination in the listed area for the indicated species: ---------------------------------------------------------------------------------------------------------------- Area Species Determination ---------------------------------------------------------------------------------------------------------------- KOTZEBUE AREA...................... All fish................... Residents of the Kotzebue Area. NORTON SOUND--PORT CLARENCE AREA: Norton Sound--Port Clarence All fish................... Residents of Stebbins, St. Michael, and Area, waters draining into Kotlik. Norton Sound between Point Romanof and Canal Point. Norton Sound-Port Clarence All fish................... Residents of the Norton Sound--Port Clarence Area, remainder. Area. YUKON-NORTHERN AREA: Yukon River Drainage........... Salmon, other than fall Residents of the Yukon River drainage, chum salmon. including the community of Stebbins. Yukon River drainage........... Fall chum salmon........... Residents of the Yukon River drainage, including the communities of Stebbins, Scammon Bay, Hooper Bay, and Chevak. Yukon River drainage........... Freshwater fish (other than Residents of the Yukon-Northern Area. salmon). Remainder of the Yukon-Northern All fish................... Residents of the Yukon-Northern Area, Area. excluding the residents of the Yukon River drainage and excluding those domiciled in Unit 26-B. KUSKOKWIM AREA..................... Salmon..................... Residents of the Kuskokwim Area, except those persons residing on the United States military installation located on Cape Newenham, Sparevohn USAFB, and Tatalina USAFB. Rainbow trout.............. Residents of the communities of Quinhagak, Goodnews Bay, Kwethluk, Eek, Akiachak, Akiak, and Platinum. Pacific cod................ Residents of the communities of Chevak, Newtok, Tununak, Toksook Bay, Nightmute, Chefornak, Kipnuk, Mekoryuk, Kwigillingok, Kongiganak, Eek, and Tuntutuliak. All other fish other than Residents of the Kuskokwim Area, except those herring. persons residing on the United States military installation located on Cape Newenham, Sparevohn USAFB, and Tatalina USAFB. Waters around Nunivak Island....... Herring and herring roe.... Residents within 20 miles of the coast between the westernmost tip of the Naskonat Peninsula and the terminus of the Ishowik River and on Nunivak Island. BRISTOL BAY AREA: Nushagak District, including Salmon and freshwater fish. Residents of the Nushagak District and drainages flowing into the freshwater drainages flowing into the district. district. Naknek-Kvichak District--Naknek Salmon and freshwater fish. Residents of the Naknek and Kvichak River River drainage. drainages. [[Page 7280]] Naknek-Kvichak District-- Salmon and freshwater fish. Residents of the Kvichak/Iliamna-Lake Clark Kvichak/Iliamna-Lake Clark drainage. drainage. Togiak District, including Salmon and freshwater fish. Residents of the Togiak District, freshwater drainages flowing into the drainages flowing into the district, and the district. community of Manokotak. Egegik District, including All fish................... Residents of the Bristol Bay Area. drainages flowing into the district. Ugashik District, including All fish................... Residents of the Bristol Bay Area. drainages flowing into the district. Togiak District................ Herring spawn on kelp...... Residents of the Togiak District and freshwater drainages flowing into the district. Remainder of the Bristol Bay All fish................... Residents of the Bristol Bay Area. Area. ALEUTIAN ISLANDS AREA.............. All fish................... Residents of the Aleutian Islands Area and the Pribilof Islands. ALASKA PENINSULA AREA.............. Halibut.................... Residents of the Alaska Peninsula Area and the communities of Ivanof Bay and Perryville. All other fish in the Residents of the Alaska Peninsula Area. Alaska Peninsula Area. CHIGNIK AREA....................... Halibut, salmon and fish Residents of the Chignik Area. other than rainbow/ steelhead trout. KODIAK AREA--except the Mainland Salmon..................... Residents of the Kodiak Island Borough, except District, all waters along the those residing on the Kodiak Coast Guard south side of the Alaska Peninsula Base. bounded by the latitude of Cape Douglas (58[deg]52[min] North latitude) mid-stream Shelikof Strait, and east of the longitude of the southern entrance of Imuya Bay near Kilokak Rocks (57[deg]11[min]22[sec] North latitude, 156[deg]20[min]30[sec]W longitude). Kodiak Area........................ Fish other than rainbow/ Residents of the Kodiak Area. steelhead trout and salmon. COOK INLET AREA.................... Fish other than salmon, Residents of the Cook Inlet Area. Dolly Varden, trout, char, grayling, and burbot. Salmon, Dolly Varden trout, No Determination. char, grayling, and burbot. PRINCE WILLIAM SOUND AREA: South-Western District and Salmon..................... Residents of the Southwestern District which Green Island. is mainland waters from the outer point on the north shore of Granite Bay to Cape Fairfield, and Knight Island, Chenega Island, Bainbridge Island, Evans Island, Elrington Island, Latouche Island and adjacent islands. North of a line from Porcupine Salmon..................... Residents of the villages of Tatitlek and Point to Granite Point, and Ellamar. south of a line from Point Lowe to Tongue Point. Copper River drainage upstream Freshwater fish............ Residents of Cantwell, Chisana, Chistochina, from Haley Creek. Chitina, Copper Center, Dot Lake, Gakona, Gakona Junction, Glennallen, Gulkana, Healy Lake, Kenny Lake, Lower Tonsina, McCarthy, Mentasta Lake, Nabesna, Northway, Slana, Tanacross, Tazlina, Tetlin, Tok, Tonsina, and those individuals that live along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Chitina Subdistrict of the Salmon..................... Residents of Cantwell, Chisana, Chistochina, Upper Copper River District. Chitina, Copper Center, Dot Lake, Gakona, Gakona Junction, Glennallen, Gulkana, Healy Lake, Kenny Lake, Lower Tonsina, McCarthy, Mentasta Lake, Nabesna, Northway, Slana, Tanacross, Tazlina, Tetlin, Tok, Tonsina, and those individuals that live along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Glennallen Subdistrict of the Salmon..................... Residents of the Prince William Sound Area and Upper Copper River District. residents of Cantwell, Chisana, Dot Lake, Healy Lake, Northway, Tanacross, Tetlin, Tok and those individuals living along the Alaska Highway from the Alaskan/Canadian border to along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. [[Page 7281]] Waters of the Copper River Salmon..................... Residents of Mentasta Lake and Dot Lake. between National Park Service regulatory markers located near the mouth of Tanada Creek, and in Tanada Creek between National Park Service regulatory markers identifying the open waters of the creek. Remainder of the Prince William Salmon..................... Residents of the Prince William Sound Area. Sound Area. YAKUTAT AREA: Freshwater upstream from the Salmon..................... Residents of the area east of Yakutat Bay, terminus of streams and rivers including the islands within Yakutat Bay, of the Yakutat Area from the west of the Situk River drainage, and south Doame River to the Tsiu River. of and including Knight Island. Freshwater upstream from the Dolly Varden, steelhead Residents of the area east of Yakutat Bay, terminus of streams and rivers trout, and smelt. including the islands within Yakutat Bay, of the Yakutat Area from the west of the Situk River drainage, and south Doame River to Point Manby. of and including Knight Island. Remainder of the Yakutat Area.. Dolly Varden, trout, smelt Residents of Southeastern Alaska and Yakutat and eulachon. Areas. SOUTHEASTERN ALASKA AREA: District 1--Section 1-E in Salmon, Dolly Varden, Residents of the City of Saxman. waters of the Naha River and trout, smelt and eulachon. Roosevelt Lagoon. District 1--Section 1-F in Boca Salmon, Dolly Varden, Residents of the City of Saxman. de Quadra in waters of Sockeye trout, smelt and eulachon. Creek and Hugh Smith Lake within 500 yards of the terminus of Sockeye Creek. District 2--North of the Salmon, Dolly Varden, Residents of the City of Kasaan and in the latitude of the northern-most trout, smelt and eulachon. drainage of the southeastern shore of the tip of Chasina Point and west Kasaan Peninsula west of 132[deg] 20' W. long of a line from the northern- and east of 132[deg] 25' W. long. most tip of Chasina Point to the eastern-most tip of Grindall Island to the eastern- most tip of the Kasaan Peninsula. District 3--Section 3-A........ Salmon, Dolly Varden, Residents of the townsite of Hydaburg. trout, smelt and eulachon. District 3--Section A.......... Halibut and bottomfish..... Residents of Southeast Area. District 3--Section 3-B in Salmon, Dolly Varden, Residents of the City of Klawock and on Prince waters east of a line from trout, smelt and eulachon. of Wales Island within the boundaries of the Point Ildefonso to Tranquil Klawock Heenya Corporation land holdings as Point. they existed in January 1989, and those residents of the City of Craig and on Prince of Wales Island within the boundaries of the Shan Seet Corporation land holdings as they existed in January 1989. District 3--Section 3-C in Salmon, Dolly Varden, Residents of the City of Klawock and on Prince waters of Sarkar Lakes. trout, smelt and eulachon. of Wales Island within the boundaries of the Klawock Heenya Corporation land holdings as they existed in January 1989, and those residents of the City of Craig and on Prince of Wales Island within the boundaries of the Shan Seet Corporation land holdings as they existed in January 1989. District 5--North of a line Salmon, Dolly Varden, Residents of the City of Kake and in Kupreanof from Point Barrie to Boulder trout, smelt and eulachon. Island drainages emptying into Keku Strait Point. south of Point White and north of the Portage Bay boat harbor. District 9--Section 9-A........ Salmon, Dolly Varden, Residents of the City of Kake and in Kupreanof trout, smelt and eulachon. Island drainages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 9--Section 9-B north Salmon, Dolly Varden, Residents of the City of Kake and in Kupreanof of the latitude of Swain Point. trout, smelt and eulachon. Island drainages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 10--West of a line Salmon, Dolly Varden, Residents of the City of Kake and in Kupreanof from Pinta Point to False trout, smelt and eulachon. Island drainages emptying into Keku Strait Point Pybus. south of Point White and north of the Portage Bay boat harbor. District 12--South of a line Salmon, Dolly Varden, Residents of the City of Angoon and along the from Fishery Point to south trout, smelt and eulachon. western shore of Admiralty Island north of Passage Point and north of the the latitude of Sand Island, south of the latitude of Point Caution. latitude of Thayer Creek, and west of 134[deg] 30' W. long., including Killisnoo Island. [[Page 7282]] District 13--Section 13-A south Salmon, Dolly Varden, Residents of the City and Borough of Sitka in of the latitude of Cape Edward. trout, smelt and eulachon. drainages which empty into Section 13-B north of the latitude of Dorothy Narrows. District 13--Section 13-B north Salmon, Dolly Varden, Residents of the City and Borough of Sitka in of the latitude of Redfish trout, smelt and eulachon. drainages which empty into Section 13-B north Cape. of the latitude of Dorothy Narrows. District 13--Section 13-C...... Salmon, Dolly Varden, Residents of the City and Borough of Sitka in trout, smelt and eulachon. drainages which empty into Section 13-B north of the latitude of Dorothy Narrows. District 13--Section 13-C east Salmon, Dolly Varden, Residents of the City of Angoon and along the of the longitude of Point trout, smelt and eulachon. western shore of Admiralty Island north of Elizabeth. the latitude of Sand Island, south of the latitude of Thayer Creek, and west of 134[deg] 30' W. long., including Killisnoo Island. District 14--Section 14-B and Salmon, Dolly Varden, Residents of the City of Hoonah and in 14-C. trout, smelt and eulachon. Chichagof Island drainages on the eastern shore of Port Frederick from Gartina Creek to Point Sophia. Remainder of the Southeastern Dolly Varden, trout, smelt Residents of Southeastern Alaska and Yakutat Alaska Area. and eulachon. Areas. ---------------------------------------------------------------------------------------------------------------- (3) Shellfish determinations. The following communities and areas have been found to have a positive customary and traditional use determination in the listed area for the indicated species: ------------------------------------------------------------------------ Area Species Determination ------------------------------------------------------------------------ BERING SEA AREA............. All shellfish....... Residents of the Bering Sea Area. ALASKA PENINSULA--ALEUTIAN Shrimp, Dungeness, Residents of the ISLANDS AREA. king, and Tanner Alaska Peninsula- crab. Aleutian Islands Area. KODIAK AREA................. Shrimp, Dungeness, Residents of the and Tanner crab. Kodiak Area. Kodiak Area, except for the King crab........... Residents of the Semidi Island, the North Kodiak Island Mainland, and the South Borough except Mainland Sections. those residents on the Kodiak Coast Guard base. COOK INLET AREA: Federal waters in the Shellfish........... Residents of Tuxedni Tuxedni Bay Area within Bay, Chisik Island, boundaries of Lake and Tyonek. Clark National Park & Preserve or Alaska Maritime NWR. PRINCE WILLIAM SOUND AREA... Shrimp, the clams, Residents of the Dungeness, king, Prince William and Tanner crab. Sound Area. SOUTHEASTERN ALASKA--YAKUTAT AREA: Section 1-E south of the Shellfish, except Residents of the latitude of Grant shrimp, king crab, Southeast Area. Island light. and Tanner crab. Section 1-F north of the Shellfish, except Residents of the latitude of the shrimp, king crab, Southeast Area. northernmost tip of and Tanner crab. Mary Island, except waters of Boca de Quadra. Section 3-A and 3-B..... Shellfish, except Residents of the shrimp, king crab, Southeast Area. and Tanner crab. District 13............. Dungeness crab, Residents of the shrimp, abalone, Southeast Area. sea cucumbers, gum boots, cockles, and clams, except geoducks. ------------------------------------------------------------------------ * * * * * 3. In Subpart D of 36 CFR part 242 and 50 CFR part 100, Sec. --.27 and Sec. --.28 are added effective March 1, 2003, through February 29, 2004, to read as follows: Sec. --.27 Subsistence taking of fish. (a) Applicability. (1) Regulations in this section apply to the taking of fish or their parts for subsistence uses. (2) You may take fish for subsistence uses at any time by any method unless you are restricted by the subsistence fishing regulations found in this section. The harvest limit specified in this section for a subsistence season for a species and the State harvest limit set for a State season for the same species are not cumulative. This means that if you have taken the harvest limit for a particular species under a subsistence season specified in this section, you may not, after that, take any additional fish of that species under any other harvest limit specified for a State season. (b) [Reserved] (c) Methods, means, and general restrictions. (1) Unless otherwise specified in this section or under terms of a required subsistence fishing permit (as may be modified by this section), you may use the following legal types of gear for subsistence fishing: (i) A set gillnet; (ii) A drift gillnet; (iii) A purse seine; (iv) A hand purse seine; (v) A beach seine; (vi) Troll gear; (vii) A fish wheel; (viii) A trawl; (ix) A pot; (x) A longline; (xi) A fyke net; (xii) A lead; (xiii) A herring pound; (xiv) A dip net; (xv) Jigging gear; (xvi) A mechanical jigging machine; (xvii) A handline; (xviii) A cast net; (xix) A rod and reel; and (xx) A spear. [[Page 7283]] (2) You must include an escape mechanism on all pots used to take fish or shellfish. The escape mechanisms are as follows: (i) A sidewall, which may include the tunnel, of all shellfish and bottomfish pots must contain an opening equal to or exceeding 18 inches in length, except that in shrimp pots the opening must be a minimum of 6 inches in length. The opening must be laced, sewn, or secured together by a single length of untreated, 100 percent cotton twine, no larger than 30 thread. The cotton twine may be knotted at each end only. The opening must be within 6 inches of the bottom of the pot and must be parallel with it. The cotton twine may not be tied or looped around the web bars. Dungeness crab pots may have the pot lid tie-down straps secured to the pot at one end by a single loop of untreated, 100 percent cotton twine no larger than 60 thread, or the pot lid must be secured so that, when the twine degrades, the lid will no longer be securely closed; (ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish and bottomfish pots may, instead of complying with paragraph (c)(2)(i) of this section, satisfy the following: a sidewall, which may include the tunnel, must contain an opening at least 18 inches in length, except that shrimp pots must contain an opening at least 6 inches in length. The opening must be laced, sewn, or secured together by a single length of treated or untreated twine, no larger than 36 thread. A galvanic timed release device, designed to release in no more than 30 days in salt water, must be integral to the length of twine so that, when the device releases, the twine will no longer secure or obstruct the opening of the pot. The twine may be knotted only at each end and at the attachment points on the galvanic timed release device. The opening must be within 6 inches of the bottom of the pot and must be parallel with it. The twine may not be tied or looped around the web bars. (3) For subsistence fishing for salmon, you may not use a gillnet exceeding 50 fathoms in length, unless otherwise specified in this section. The gillnet web must contain at least 30 filaments of equal diameter or at least 6 filaments, each of which must be at least 0.20 millimeter in diameter. (4) Except as otherwise provided for in this section, you may not obstruct more than one-half the width of any stream with any gear used to take fish for subsistence uses. (5) You may not use live non-indigenous fish as bait. (6) You must have your first initial, last name, and address plainly and legibly inscribed on the side of your fishwheel facing midstream of the river. (7) You may use kegs or buoys of any color but red on any permitted gear. (8) You must have your first initial, last name, and address plainly and legibly inscribed on each keg, buoy, stakes attached to gillnets, stakes identifying gear fished under the ice, and any other unattended fishing gear which you use to take fish for subsistence uses. (9) You may not use explosives or chemicals to take fish for subsistence uses. (10) You may not take fish for subsistence uses within 300 feet of any dam, fish ladder, weir, culvert or other artificial obstruction, unless otherwise indicated. (11) The limited exchange for cash of subsistence-harvested fish, their parts, or their eggs, legally taken under Federal subsistence management regulations to support personal and family needs is permitted as customary trade, so long as it does not constitute a significant commercial enterprise. The Board may recognize regional differences and define customary trade differently for separate regions of the State. (12) Individuals, businesses, or organizations may not purchase subsistence-taken fish, their parts, or their eggs for use in, or resale to, a significant commercial enterprise. (13) Individuals, businesses, or organizations may not receive through barter subsistence-taken fish, their parts or their eggs for use in, or resale to, a significant commercial enterprise. (14) Except as provided elsewhere in this section, you may not take rainbow/steelhead trout. (15) You may not use fish taken for subsistence use or under subsistence regulations in this part as bait for commercial or sport fishing purposes. (16) You may not accumulate harvest limits authorized in this section or Sec. --.28 with harvest limits authorized under State regulations. (17) Unless specified otherwise in this section, you may use a rod and reel to take fish without a subsistence fishing permit. Harvest limits applicable to the use of a rod and reel to take fish for subsistence uses shall be as follows: (i) If you are required to obtain a subsistence fishing permit for an area, that permit is required to take fish for subsistence uses with rod and reel in that area. The harvest and possession limits for taking fish with a rod and reel in those areas are the same as indicated on the permit issued for subsistence fishing with other gear types; (ii) Except as otherwise provided for in this section, if you are not required to obtain a subsistence fishing permit for an area, the harvest and possession limits for taking fish for subsistence uses with a rod and reel are the same as for taking fish under State of Alaska subsistence fishing regulations in those same areas. If the State does not have a specific subsistence season and/or harvest limit for that particular species, the limit shall be the same as for taking fish under State of Alaska sport fishing regulations. (18) Unless restricted in this section, or unless restricted under the terms of a subsistence fishing permit, you may take fish for subsistence uses at any time. (19) Provisions on ADF&G subsistence fishing permits that are more restrictive or in conflict with the provisions contained in this section do not apply to Federal subsistence users. (20) You may not intentionally waste or destroy any subsistence- caught fish or shellfish; however, you may use for bait or other purposes, whitefish, herring, and species for which harvest limits, seasons, or other regulatory methods and means are not provided in this section, as well as the head, tail, fins, and viscera of legally-taken subsistence fish. (21) The taking of fish from Federal waters is authorized outside of published open seasons or harvest limits if the harvested fish will be used for food in traditional or religious ceremonies, that are part of funerary or mortuary cycles, including memorial potlatches, provided that: (i) Prior to attempting to take fish, the person (or designee) or Tribal Government organizing the ceremony contacts the appropriate Federal fisheries manager to provide the nature of the ceremony, the parties and/or clans involved, the species and the number of fish to be taken, and the Federal waters from which the harvest will occur; (ii) The taking does not violate recognized principles of fisheries conservation, and uses the methods and means allowable for the particular species published in the applicable Federal regulations (the Federal fisheries manager will establish the number, species, or place of taking if necessary for conservation purposes); (iii) Each person who takes fish under this section must, as soon as practical, and not more than 15 days after the harvest, submit a written report to the appropriate Federal fisheries manager, specifying the harvester's name and address, the number and species of fish [[Page 7284]] taken, and the date and locations of the taking; and (iv) No permit is required for taking under this section; however, the harvester must be eligible to harvest the resource under Federal regulations. (d) Fishing by designated harvest permit. (1) Any species of fish that may be taken by subsistence fishing under this part may be taken under a designated harvest permit. (2) If you are a Federally-qualified subsistence user, you (beneficiary) may designate another Federally-qualified subsistence user to take fish on your behalf. The designated fisherman must obtain a designated harvest permit prior to attempting to harvest fish and must return a completed harvest report. The designated fisherman may fish for any number of beneficiaries but may have no more than two harvest limits in his/her possession at any one time. (3) The designated fisherman must have in possession a valid designated harvest permit when taking, attempting to take, or transporting fish taken under this section, on behalf of a beneficiary. (4) The designated fisherman may not fish with more than one legal limit of gear. (5) You may not designate more than one person to take or attempt to take fish on your behalf at one time. You may not personally take or attempt to take fish at the same time that a designated fisherman is taking or attempting to take fish on your behalf. (e) Fishing permits and reports. (1) You may take salmon only under the authority of a subsistence fishing permit, unless a permit is specifically not required in a particular area by the subsistence regulations in this part, or unless you are retaining salmon from your commercial catch consistent with paragraph (f) of this section. (2) The U.S. Fish and Wildlife Service, Office of Subsistence Management may issue a permit to harvest fish for a qualifying cultural/educational program to an organization that has been granted a Federal subsistence permit for a similar event within the previous 5 years. A qualifying program must have instructors, enrolled students, minimum attendance requirements, and standards for successful completion of the course. Applications must be submitted to the Office of Subsistence Management 60 days prior to the earliest desired date of harvest. Permits will be issued for no more than 25 fish per culture/ education camp. Appeal of a rejected request can be made to the Federal Subsistence Board. Application for an initial permit for a qualifying cultural/educational program, for a permit when the circumstances have changed significantly, when no permit has been issued within the previous 5 years, or when there is a request for harvest in excess of that provided in this paragraph (e)(2), will be considered by the Federal Subsistence Board. (3) If a subsistence fishing permit is required by this section, the following permit conditions apply unless otherwise specified in this section: (i) You may not take more fish for subsistence use than the limits set out in the permit; (ii) You must obtain the permit prior to fishing; (iii) You must have the permit in your possession and readily available for inspection while fishing or transporting subsistence- taken fish; (iv) If specified on the permit, you shall keep accurate daily records of the catch, showing the number of fish taken by species, location and date of catch, and other such information as may be required for management or conservation purposes; and (v) If the return of catch information necessary for management and conservation purposes is required by a fishing permit and you fail to comply with such reporting requirements, you are ineligible to receive a subsistence permit for that activity during the following calendar year, unless you demonstrate that failure to report was due to loss in the mail, accident, sickness, or other unavoidable circumstances. You must also return any tags or transmitters that have been attached to fish for management and conservation purposes. (f) Relation to commercial fishing activities. (1) If you are a Federally-qualified subsistence user who also commercial fishes, you may retain fish for subsistence purposes from your lawfully-taken commercial catch. (2) When participating in a commercial and subsistence fishery at the same time, you may not use an amount of combined fishing gear in excess of that allowed under the appropriate commercial fishing regulations. (g) You may not possess, transport, give, receive, or barter subsistence-taken fish or their parts which have been taken contrary to Federal law or regulation or State law or regulation (unless superseded by regulations in this part). (h) [Reserved] (i) Fishery management area restrictions. (1) Kotzebue Area. The Kotzebue Area includes all waters of Alaska between the latitude of the westernmost tip of Point Hope and the latitude of the westernmost tip of Cape Prince of Wales, including those waters draining into the Chukchi Sea. (i) You may take fish for subsistence purposes without a permit. (ii) You may take salmon only by gillnets, beach seines, or a rod and reel. (iii) In the Kotzebue District, you may take sheefish with gillnets that are not more than 50 fathoms in length, nor more than 12 meshes in depth, nor have a mesh size larger than 7 inches. (iv) You may not obstruct more than one-half the width of a stream, creek, or slough with any gear used to take fish for subsistence uses, except from May 15 to July 15 and August 15 to October 31 when taking whitefish or pike in streams, creeks, or sloughs within the Kobuk River drainage and from May 15 to October 31 in the Selawik River drainage. Only one gillnet 100 feet or less in length with a mesh size from 2\1/ 2\ to 4\1/2\ inches may be used per site. You must check your net at least once in every 24-hour period. (2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence Area includes all waters of Alaska between the latitude of the westernmost tip of Cape Prince of Wales and the latitude of Point Romanof, including those waters of Alaska surrounding St. Lawrence Island and those waters draining into the Bering Sea. (i) Unless otherwise restricted in this section, you take fish at any time in the Port Clarence District. (ii) In the Norton Sound District, you may take fish at any time except as follows: (A) In Subdistricts 2 through 6, if you are a commercial fishermen, you may not fish for subsistence purposes during the weekly closures of the State commercial salmon fishing season, except that from July 15 through August 1, you may take salmon for subsistence purposes 7 days per week in the Unalakleet and Shaktoolik River drainages with gillnets which have a mesh size that does not exceed 4\1/2\ inches, and with beach seines; (B) In the Unalakleet River from June 1 through July 15, you may take salmon only from 8 a.m. Monday until 8 p.m. Saturday; (C) In Subdistricts 1-3, you may take salmon other than chum salmon by beach seine during periods established by emergency action. (iii) You may take salmon only by gillnets, beach seines, fishwheel, or a rod and reel. (iv) You may take fish other than salmon by set gillnet, drift gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging gear, spear, lead, or a rod and reel. [[Page 7285]] (v) In the Unalakleet River from June 1 through July 15, you may not operate more than 25 fathoms of gillnet in the aggregate nor may you operate an unanchored fishing net. (vi) You must have a subsistence fishing permit for net fishing in all waters from Cape Douglas to Rocky Point. (vii) Only one subsistence fishing permit will be issued to each household per year. (3) Yukon-Northern Area. The Yukon-Northern Area includes all waters of Alaska between the latitude of Point Romanof and the latitude of the westernmost point of the Naskonat Peninsula, including those waters draining into the Bering Sea, and all waters of Alaska north of the latitude of the westernmost tip of Point Hope and west of 141[deg] W. long., including those waters draining into the Arctic Ocean and the Chukchi Sea. (i) Unless otherwise restricted in this section, you may take fish in the Yukon-Northern Area at any time. You may subsistence fish for salmon with rod and reel in the Yukon River drainage 24 hours per day, 7 days per week, unless rod and reel are specifically restricted by this paragraph (i)(3) of this section. (ii) For the Yukon River drainage, Federal subsistence fishing schedules, openings, closings, and fishing methods are the same as those issued for the subsistence taking of fish under Alaska Statutes (AS 16.05.060), unless superseded by a Federal Special Action. (iii) In the following locations, you may take salmon during the open weekly fishing periods of the State commercial salmon fishing season and may not take them for 24 hours before the opening of the State commercial salmon fishing season: (A) In District 4, excluding the Koyukuk River drainage; (B) In Subdistricts 4-B and 4-C from June 15 through September 30, salmon may be taken from 6 p.m. Sunday until 6 p.m. Tuesday and from 6 p.m. Wednesday until 6 p.m. Friday; (C) In District 6, excluding the Kantishna River drainage, salmon may be taken from 6 p.m. Friday until 6 p.m. Wednesday. (iv) During any State commercial salmon fishing season closure of greater than five days in duration, you may not take salmon during the following periods in the following districts: (A) In District 4, excluding the Koyukuk River drainage, salmon may not be taken from 6 p.m. Friday until 6 p.m. Sunday; (B) In District 5, excluding the Tozitna River drainage and Subdistrict 5-D, salmon may not be taken from 6 p.m. Sunday until 6 p.m. Tuesday. (v) Except as provided in this section, and except as may be provided by the terms of a subsistence fishing permit, you may take fish other than salmon at any time. (vi) In Districts 1, 2, 3, and Subdistrict 4-A, excluding the Koyukuk and Innoko River drainages, you may not take salmon for subsistence purposes during the 24 hours immediately before the opening of the State commercial salmon fishing season. (vii) In Districts 1, 2, and 3: (A) After the opening of the State commercial salmon fishing season through July 15, you may not take salmon for subsistence for 18 hours immediately before, during, and for 12 hours after each State commercial salmon fishing period; (B) After July 15, you may not take salmon for subsistence for 12 hours immediately before, during, and for 12 hours after each State commercial salmon fishing period. (viii) In Subdistrict 4-A after the opening of the State commercial salmon fishing season, you may not take salmon for subsistence for 12 hours immediately before, during, and for 12 hours after each State commercial salmon fishing period; however, you may take king salmon during the State commercial fishing season, with drift gillnet gear only, from 6 p.m. Sunday until 6 p.m. Tuesday and from 6 p.m. Wednesday until 6 p.m. Friday. (ix) You may not subsistence fish in the following drainages located north of the main Yukon River: (A) Kanuti River upstream from a point 5 miles downstream of the State highway crossing; (B) Bonanza Creek; (C) Jim River including Prospect and Douglas Creeks. (x) You may not subsistence fish in the Delta River. (xi) In Beaver Creek downstream from the confluence of Moose Creek, a gillnet with mesh size not to exceed 3-inches stretch-measure may be used from June 15-September 15. You may subsistence fish for all non- salmon species but may not target salmon during this time period (retention of salmon taken incidentally to non-salmon directed fisheries is allowed). From the mouth of Nome Creek downstream to the confluence of Moose Creek, only rod and reel may be used. From the mouth of Nome Creek downstream to the confluence of O'Brien Creek, the daily harvest and possession limit is 5 grayling; from the mouth of O'Brien Creek downstream to the confluence of Moose Creek, the daily harvest and possession limit is 10 grayling. The Nome Creek drainage of Beaver Creek is closed to subsistence fishing for grayling. (xii) You may not subsistence fish in the Toklat River drainage from August 15 through May 15. (xiii) You may take salmon only by gillnet, beach seine, fish wheel, or rod and reel, subject to the restrictions set forth in this section. (xiv) In District 4, if you are a commercial fisherman, you may not take salmon for subsistence purposes during the State commercial salmon fishing season using gillnets with mesh larger than six-inches after a date specified by ADF&G emergency order issued between July 10 and July 31. (xv) In Districts 4, 5, and 6, you may not take salmon for subsistence purposes by drift gillnets, except as follows: (A) In Subdistrict 4-A upstream from the mouth of Stink Creek, you may take king salmon by drift gillnets less than 150 feet in length from June 10 through July 14, and chum salmon by drift gillnets after August 2; (B) In Subdistrict 4-A downstream from the mouth of Stink Creek, you may take king salmon by drift gillnets less than 150 feet in length from June 10 through July 14. (xvi) Unless otherwise specified in this section, you may take fish other than salmon and halibut by set gillnet, drift gillnet, beach seine, fish wheel, long line, fyke net, dip net, jigging gear, spear, lead, or rod and reel, subject to the following restrictions, which also apply to subsistence salmon fishing: (A) During the open weekly fishing periods of the State commercial salmon fishing season, if you are a commercial fisherman, you may not operate more than one type of gear at a time, for commercial, personal use, and subsistence purposes; (B) You may not use an aggregate length of set gillnet in excess of 150 fathoms and each drift gillnet may not exceed 50 fathoms in length; (C) In Districts 4, 5, and 6, you may not set subsistence fishing gear within 200 feet of other operating commercial, personal use, or subsistence fishing gear except that, at the site approximately 1 mile upstream from Ruby on the south bank of the Yukon River between ADF&G regulatory markers containing the area known locally as the ``Slide,'' you may set subsistence fishing gear within 200 feet of other operating commercial or subsistence fishing gear and in District 4, from Old Paradise Village upstream to a point 4 miles upstream from Anvik, there is no [[Page 7286]] minimum distance requirement between fish wheels; (D) During the State commercial salmon fishing season, within the Yukon River and the Tanana River below the confluence of the Wood River, you may use drift gillnets and fish wheels only during open subsistence salmon fishing periods; (E) In Birch Creek, gillnet mesh size may not exceed 3-inches stretch-measure. (xvii) In District 4, from September 21 through May 15, you may use jigging gear from shore ice. (xviii) You must possess a subsistence fishing permit for the following locations: (A) For the Yukon River drainage from the mouth of Hess Creek to the mouth of the Dall River; (B) For the Yukon River drainage from the upstream mouth of 22 Mile Slough to the U.S.-Canada border; (C) Only for salmon in the Tanana River drainage above the mouth of the Wood River. (xix) Only one subsistence fishing permit will be issued to each household per year. (xx) In Districts 1, 2, and 3, you may not possess king salmon taken for subsistence purposes unless the dorsal fin has been removed immediately after landing. (xxi) In the Yukon River drainage, chinook (king) salmon must be used primarily for human consumption and may not be targeted for dog food. Dried chinook salmon may not be used for dogfood anywhere in the Yukon River drainage. Whole fish unfit for human consumption (due to disease, deterioration, deformities), scraps, and small fish (16 inches or less) may be fed to dogs. Also, whole chinook salmon caught incidentally during a subsistence chum salmon fishery in the following time periods and locations may be fed to dogs: (A) After July 10 in the Koyukuk River drainage; (B) After August 10, in Subdistrict 5-D, upstream of Circle City. (4) Kuskokwim Area. The Kuskokwim Area consists of all waters of Alaska between the latitude of the westernmost point of Naskonat Peninsula and the latitude of the southernmost tip of Cape Newenham, including the waters of Alaska surrounding Nunivak and St. Matthew Islands and those waters draining into the Bering Sea. (i) Unless otherwise restricted in this section, you may take fish in the Kuskokwim Area at any time without a subsistence fishing permit. (ii) For the Kuskokwim area, Federal subsistence fishing schedules, openings, closings, and fishing methods are the same as those issued for the subsistence taking of fish under Alaska Statutes (AS 16.05.060), unless superseded by a Federal Special Action. (iii) In District 1 and in those waters of the Kuskokwim River between Districts 1 and 2, excluding the Kuskokuak Slough, you may not take salmon for 16 hours before, during, and for 6 hours after, each State open commercial salmon fishing period for District 1. (iv) In District 1, Kuskokuak Slough only from June 1 through July 31, you may not take salmon for 16 hours before and during each State open commercial salmon fishing period in the district. (v) In Districts 4 and 5, from June 1 through September 8, you may not take salmon for 16 hours before, during, and 6 hours after each State open commercial salmon fishing period in each district. (vi) In District 2, and anywhere in tributaries that flow into the Kuskokwim River within that district, from June 1 through September 8 you may not take salmon by net gear or fishwheel for 16 hours before, during, and 6 hours after each open commercial salmon fishing period in the district. You may subsistence fish for salmon with rod and reel 24 hours per day, 7 days per week, unless rod and reel are specifically restricted by this paragraph (i)(4) of this section. (vii) You may not take subsistence fish by nets in the Goodnews River east of a line between ADF&G regulatory markers placed near the mouth of the Ufigag River and an ADF&G regulatory marker placed near the mouth of the Tunulik River 16 hours before, during, and 6 hours after each State open commercial salmon fishing period. (viii) You may not take subsistence fish by nets in the Kanektok River upstream of ADF&G regulatory markers placed near the mouth 16 hours before, during, and 6 hours after each State open commercial salmon fishing period. (ix) You may not take subsistence fish by nets in the Arolik River upstream of ADF&G regulatory markers placed near the mouth 16 hours before, during, and 6 hours after each State open commercial salmon fishing period. (x) You may take salmon only by gillnet, beach seine, fish wheel, or rod and reel subject to the restrictions set out in this section, except that you may also take salmon by spear in the Holitna, Kanektok, and Arolik River drainages, and in the drainage of Goodnews Bay. (xi) You may not use an aggregate length of set gillnets or drift gillnets in excess of 50 fathoms for taking salmon. (xii) You may take fish other than salmon by set gillnet, drift gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net, jigging gear, spear, lead, handline, or rod and reel. (xiii) You must attach to the bank each subsistence gillnet operated in tributaries of the Kuskokwim River and fish it substantially perpendicular to the bank and in a substantially straight line. (xiv) Within a tributary to the Kuskokwim River in that portion of the Kuskokwim River drainage from the north end of Eek Island upstream to the mouth of the Kolmakoff River, you may not set or operate any part of a set gillnet within 150 feet of any part of another set gillnet. (xv) The maximum depth of gillnets is as follows: (A) Gillnets with 6-inch or smaller mesh may not be more than 45 meshes in depth; (B) Gillnets with greater than 6-inch mesh may not be more than 35 meshes in depth. (xvi) You may take halibut only by a single hand-held line with no more than two hooks attached to it. (xvii) You may not use subsistence set and drift gillnets exceeding 15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You may not operate more than one subsistence set or drift gillnet at a time in Whitefish Lake in the Ophir Creek drainage. You must check the net at least once every 24 hours. (xviii) Rainbow trout may be taken by only residents of Goodnews Bay, Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak. The following restrictions apply: (A) You may take rainbow trout only by the use of gillnets, dip nets, fyke nets, handline, spear, rod and reel, or jigging through the ice; (B) You may not use gillnets, dip nets, or fyke nets for targeting rainbow trout from March 15-June 15; (C) If you take rainbow trout incidentally in other subsistence net fisheries and through the ice, you may retain them for subsistence purposes; (D) There are no harvest limits with handline, spear, rod and reel, or jigging. (5) Bristol Bay Area. The Bristol Bay Area includes all waters of Bristol Bay including drainages enclosed by a line from Cape Newenham to Cape Menshikof. (i) Unless restricted in this section, or unless under the terms of a subsistence fishing permit, you may take fish at any time in the Bristol Bay area. (ii) In all State commercial salmon districts, from May 1 through May 31 and October 1 through October 31, you may subsistence fish for salmon only from 9 a.m. Monday until 9 a.m. Friday. [[Page 7287]] From June 1 through September 30, within the waters of a commercial salmon district, you may take salmon only during State open commercial salmon fishing periods. (iii) In the Egegik River from 9 a.m. June 23 through 9 a.m. July 17, you may take salmon only from 9 a.m. Tuesday to 9 a.m. Wednesday and 9 a.m. Saturday to 9 a.m. Sunday. (iv) You may not take fish from waters within 300 feet of a stream mouth used by salmon. (v) You may not subsistence fish with nets in the Tazimina River and within one-fourth mile of the terminus of those waters during the period from September 1 through June 14. (vi) Within any district, you may take salmon, herring, and capelin only by drift and set gillnets. (vii) Outside the boundaries of any district, you may take salmon only by set gillnet, except that you may also take salmon by spear in the Togiak River excluding its tributaries. (viii) The maximum lengths for set gillnets used to take salmon are as follows: (A) You may not use set gillnets exceeding 10 fathoms in length in the Egegik River; (B) In the remaining waters of the area, you may not use set gillnets exceeding 25 fathoms in length. (ix) You may not operate any part of a set gillnet within 300 feet of any part of another set gillnet. (x) You must stake and buoy each set gillnet. Instead of having the identifying information on a keg or buoy attached to the gillnet, you may plainly and legibly inscribe your first initial, last name, and subsistence permit number on a sign at or near the set gillnet. (xi) You may not operate or assist in operating subsistence salmon net gear while simultaneously operating or assisting in operating commercial salmon net gear. (xii) During State closed commercial herring fishing periods, you may not use gillnets exceeding 25 fathoms in length for the subsistence taking of herring or capelin. (xiii) You may take fish other than salmon, rainbow trout, herring, capelin, and halibut by gear listed in this part unless restricted under the terms of a subsistence fishing permit. (xiv) You may take salmon and char only under authority of a subsistence fishing permit. You may take rainbow trout only under authority of a Federal subsistence fishing permit; permit conditions and systems to receive special protection will be determined by the local Federal fisheries manager in consultation with ADF&G and local users. (xv) Only one subsistence fishing permit for salmon and one for rainbow trout may be issued to each household per year. (xvi) In the Togiak River section and the Togiak River drainage, you may not possess coho salmon taken under the authority of a subsistence fishing permit unless both lobes of the caudal fin (tail) or the dorsal fin have been removed. (xvii) You may take rainbow trout only by rod and reel or jigging gear. Rainbow trout daily harvest and possession limits are 2 per day/2 in possession with no size limit April 10-October 31; 5 per day/5 in possession with no size limit November 1-April 9. (xviii) If you take rainbow trout incidentally in other subsistence net fisheries, or through the ice, you may retain them for subsistence purposes. (6) Aleutian Islands Area. The Aleutian Islands Area includes all waters of Alaska west of the longitude of the tip of Cape Sarichef, east of 172[deg] East longitude, and south of 54[deg] 36' North latitude. (i) You may take fish, other than salmon and rainbow/steelhead trout, at any time unless restricted under the terms of a subsistence fishing permit. If you take rainbow/steelhead trout incidentally in other subsistence net fisheries, you may retain them for subsistence purposes. (ii) In the Unalaska District, you may take salmon for subsistence purposes from 6 a.m. until 9 p.m. from January 1 through December 31, except: (A) That from June 1 through September 15, you may not use a salmon seine vessel to take salmon for subsistence 24 hours before, during, or 24 hours after a State open commercial salmon fishing period within a 50-mile radius of the area open to commercial salmon fishing; (B) That from June 1 through September 15, you may use a purse seine vessel to take salmon only with a gillnet and you may not have any other type of salmon gear on board the vessel while subsistence fishing; or (C) As may be specified on a subsistence fishing permit. (iii) In the Adak, Akutan, Atka-Amlia, and Umnak Districts, you may take salmon at any time. (iv) You may not subsistence fish for salmon in the following waters: (A) The waters of Unalaska Lake, its tributaries and outlet stream; (B) The waters between Unalaska and Amaknak Islands, including Margaret's Bay, west of a line from the ``Bishop's House'' at 53[deg] 52.64'' N. lat., 166[deg] 32.30'' W. long. to a point on Amaknak Island at 53[deg] 52.82'' N. lat., 166[deg] 32.13'' W. long., and north of line from a point south of Agnes Beach at 53[deg] 52.28'' N. lat., 166[deg] 32.68'' W. long. to a point at 53[deg] 52.35'' N. lat., 166[deg] 32.95'' W. long. on Amaknak Island; (C) Within Unalaska Bay south of a line from the northern tip of Cape Cheerful to the northern tip of Kalekta Point, waters within 250 yards of any anadromous stream, except the outlet stream of Unalaska Lake, which is closed under paragraph (i)(6)(iv)(A) of this section; (D) The waters of Summers and Morris Lakes and their tributaries and outlet streams; (E) All streams supporting anadromous fish runs that flow into Unalaska Bay south of a line from the northern tip of Cape Cheerful to the northern tip of Kalekta Point; (F) Waters of McLees Lake and its tributaries and outlet stream; (G) Waters in Reese Bay from July 1 through July 9, within 500 yards of the outlet stream terminus to McLees Lake; (H) All freshwater on Adak Island and Kagalaska Island in the Adak District. (v) You may take salmon by seine and gillnet, or with gear specified on a subsistence fishing permit. (vi) In the Unalaska District, if you fish with a net, you must be physically present at the net at all times when the net is being used. (vii) You may take fish other than salmon by gear listed in this part unless restricted under the terms of a subsistence fishing permit. (viii) You may take salmon, trout, and char only under the terms of a subsistence fishing permit, except that you do not need a permit in the Akutan, Umnak, and Atka-Amlia Islands Districts. (ix) You may take no more than 250 salmon for subsistence purposes unless otherwise specified on the subsistence fishing permit, except that in the Unalaska and Adak Districts, you may take no more than 25 salmon plus an additional 25 salmon for each member of your household listed on the permit. You may obtain an additional permit. (x) You must keep a record on the reverse side of the permit of subsistence-caught fish. You must complete the record immediately upon taking subsistence-caught fish and must return it no later than October 31. (xi) The daily harvest limit for halibut is two fish, and the possession limit is two daily harvest limits. You may not possess sport-taken and subsistence-taken halibut on the same day. (7) Alaska Peninsula Area. The Alaska Peninsula Area includes all Pacific Ocean waters of Alaska between [[Page 7288]] a line extending southeast (135[deg]) from the tip of Kupreanof Point and the longitude of the tip of Cape Sarichef, and all Bering Sea waters of Alaska east of the longitude of the tip of Cape Sarichef and south of the latitude of the tip of Cape Menshikof. (i) You may take fish, other than salmon and rainbow/steelhead trout, at any time unless restricted under the terms of a subsistence fishing permit. If you take rainbow/steelhead trout incidentally in other subsistence net fisheries or through the ice, you may retain them for subsistence purposes. (ii) You may take salmon, trout, and char only under the authority of a subsistence fishing permit. (iii) You must keep a record on the reverse side of the permit of subsistence-caught fish. You must complete the record immediately upon taking subsistence-caught fish and must return it no later than October 31. (iv) You may take salmon at any time except within 24 hours before and within 12 hours following each State open weekly commercial salmon fishing period within a 50-mile radius of the area open to commercial salmon fishing, or as may be specified on a subsistence fishing permit. (v) You may not subsistence fish for salmon in the following waters: (A) Russell Creek and Nurse Lagoon and within 500 yards outside the mouth of Nurse Lagoon; (B) Trout Creek and within 500 yards outside its mouth. (vi) You may take salmon by seine, gillnet, rod and reel, or with gear specified on a subsistence fishing permit. (vii) You may take fish other than salmon by gear listed in this part unless restricted under the terms of a subsistence fishing permit. (viii) You may not use a set gillnet exceeding 100 fathoms in length. (ix) You may take halibut for subsistence purposes only by a single handheld line with no more than two hooks attached. (x) You may take no more than 250 salmon for subsistence purposes unless otherwise specified on your subsistence fishing permit. (xi) The daily harvest limit for halibut is two fish and the possession limit is two daily harvest limits. You may not possess sport-taken and subsistence-taken halibut on the same day. (8) Chignik Area. The Chignik Area includes all waters of Alaska on the south side of the Alaska Peninsula enclosed by 156[deg] 20.22'' West longitude (the longitude of the southern entrance to Imuya Bay near Kilokak Rocks) and a line extending southeast (135[deg]) from the tip of Kupreanof Point. (i) You may take fish, other than rainbow/steelhead trout, at any time, except as may be specified by a subsistence fishing permit. If you take rainbow/steelhead trout incidentally in other subsistence net fisheries, you may retain them for subsistence purposes. (ii) You may not take salmon in the Chignik River, upstream from the ADF&G weir site or counting tower, in Black Lake, or any tributary to Black and Chignik Lakes. (iii) You may take salmon, trout, and char only under the authority of a subsistence fishing permit. (iv) You must keep a record on your permit of subsistence-caught fish. You must complete the record immediately upon taking subsistence- caught fish and must return it no later than October 31. (v) If you hold a commercial fishing license, you may not subsistence fish for salmon from 48 hours before the first State commercial salmon fishing opening in the Chignik Area through September 30. (vi) You may take salmon by seines, gillnets, rod and reel, or with gear specified on a subsistence fishing permit, except that in Chignik Lake you may not use purse seines. (vii) You may take fish other than salmon by gear listed in this part unless restricted under the terms of a subsistence fishing permit. (viii) You may take halibut for subsistence purposes only by a single handheld line with no more than two hooks attached. (ix) You may take no more than 250 salmon for subsistence purposes unless otherwise specified on the subsistence fishing permit. (x) The daily harvest limit for halibut is two fish, and the possession limit is two daily harvest limits. You may not possess sport-taken and subsistence-taken halibut on the same day. (9) Kodiak Area. The Kodiak Area includes all waters of Alaska south of a line extending east from Cape Douglas (58[deg] 51.10' N. lat.), west of 150[deg] W. long., north of 55[deg] 30.00' N. lat.; and east of the longitude of the southern entrance of Imuya Bay near Kilokak Rocks (156[deg] 20.22' W. long.). (i) You may take fish, other than salmon and rainbow/steelhead trout, at any time unless restricted by the terms of a subsistence fishing permit. If you take rainbow/steelhead trout incidentally in other subsistence net fisheries, you may retain them for subsistence purposes. (ii) You may take salmon for subsistence purposes 24 hours a day from January 1 through December 31, with the following exceptions: (A) From June 1 through September 15, you may not use salmon seine vessels to take subsistence salmon for 24 hours before, during, and for 24 hours after any State open commercial salmon fishing period. The use of skiffs from any type of vessel is allowed; (B) From June 1 through September 15, you may use purse seine vessels to take salmon only with gillnets, and you may have no other type of salmon gear on board the vessel. (iii) You may not subsistence fish for salmon in the following locations: (A) Womens Bay closed waters--all waters inside a line from the tip of the Nyman Peninsula (57[deg]43.23' N. lat., 152[deg]31.51' W long.), to the northeastern tip of Mary's Island (57[deg]42.40' N. lat., 152[deg]32.00' W. long.), to the southeastern shore of Womens Bay at 57[deg]41.95' N. lat., 152[deg]31.50' W. long.; (B) Buskin River closed waters--all waters inside of a line running from a marker on the bluff north of the mouth of the Buskin River at approximately 57[deg]45.80' N. lat, 152[deg]28.38' W. long., to a point offshore at 57[deg]45.35' N. lat, 152[deg]28.15' W. long., to a marker located onshore south of the river mouth at approximately 57[deg]45.15' N. lat., 152[deg]28.65' W. long.; (C) All waters closed to commercial salmon fishing within 100 yards of the terminus of Selief Bay Creek; (D) In Afognak Bay north and west of a line from the tip of Last Point to the tip of River Mouth Point; (E) From August 15 through September 30, all waters 500 yards seaward of the terminus of Little Kitoi Creek; (F) All freshwater systems of Afognak Island. (iv) You must have a subsistence fishing permit for taking salmon, trout, and char for subsistence purposes. You must have a subsistence fishing permit for taking herring and bottomfish for subsistence purposes during the State commercial herring sac roe season from April 15 through June 30. (v) With a subsistence salmon fishing permit you may take 25 salmon plus an additional 25 salmon for each member of your household whose names are listed on the permit. You may obtain an additional permit if you can show that more fish are needed. (vi) You must record on your subsistence permit the number of subsistence fish taken. You must complete the record immediately upon landing subsistence-caught fish, and must return it by February 1 of the year following the year the permit was issued. [[Page 7289]] (vii) You may take fish other than salmon and halibut by gear listed in this part unless restricted under the terms of a subsistence fishing permit. (viii) You may take salmon only by gillnet, rod and reel, or seine. (ix) You must be physically present at the net when the net is being fished. (x) You may take halibut only by a single hand-held line with not more than two hooks attached to it. (xi) The daily harvest limit for halibut is two fish, and the possession limit is two daily harvest limits. You may not possess sport-taken and subsistence-taken halibut on the same day. (10) Cook Inlet Area. The Cook Inlet Area includes all waters of Alaska enclosed by a line extending east from Cape Douglas (58[deg] 51' 06'' N. lat.) and a line extending south from Cape Fairfield (148[deg] 50' 15'' W. long.). (i) Unless restricted in this section, or unless restricted under the terms of a subsistence fishing permit, you may take fish at any time in the Cook Inlet Area. If you take rainbow/steelhead trout incidentally in other subsistence net fisheries, you may retain them for subsistence purposes. (ii) You may not take grayling or burbot for subsistence purposes. (iii) You may take fish by gear listed in this part unless restricted in this section or under the terms of a subsistence fishing permit (as may be modified by this section). (iv) You may only take salmon, Dolly Varden, trout, and char under authority of a Federal subsistence fishing permit. Seasons, harvest and possession limits, and methods and means for take are the same as for the taking of those species under Alaska sport fishing regulations (5 AAC 56). (v) You may only take smelt with dip nets or gillnets in fresh water from April 1 through June 15. You may not use a gillnet exceeding 20 feet in length and 2 inches in mesh size. You must attend the net at all times when it is being used. There are no harvest or possession limits for smelt. (vi) Gillnets may not be used in freshwater, except for the taking of whitefish in the Tyone River drainage or for the taking of smelt. (11) Prince William Sound Area. The Prince William Sound Area includes all waters and drainages of Alaska between the longitude of Cape Fairfield and the longitude of Cape Suckling. (i) You may take fish, other than rainbow/steelhead trout, in the Prince William Sound Area only under authority of a subsistence fishing permit, except that a permit is not required to take eulachon. (ii) You may take fish by gear listed in paragraph (c)(1) of this part unless restricted in this section or under the terms of a subsistence fishing permit. (iii) If you catch rainbow/steelhead trout incidentally in other subsistence net fisheries, you may retain them for subsistence purposes, unless restricted in this section. (iv) In the Copper River drainage upstream from Haley Creek, you may take salmon only in the waters of the Upper Copper River District, or in the vicinity of the Native Village of Batzulnetas. (v) In the Upper Copper River District, you may take salmon only by fish wheels, rod and reel, or dip nets. (vi) Rainbow/steelhead trout and other freshwater fish caught incidentally to salmon by fish wheel in the Upper Copper River District may be retained. (vii) Freshwater fish other than rainbow/steelhead trout caught incidentally to salmon by dip net in the Upper Copper River District may be retained. Rainbow/steelhead trout caught incidentally to salmon by dip net in the Upper Copper River District must be released unharmed to the water. (viii) You may not possess salmon taken under the authority of an Upper Copper River District subsistence fishing permit, or rainbow/ steelhead trout caught incidentally to salmon by fishwheel, unless the anal (ventral) fin has been immediately removed from the fish. You must immediately record all retained fish on the subsistence permit. Immediately means prior to concealing the fish from plain view or transporting the fish more than 50 feet from where the fish was removed from the water. (ix) You may take salmon in the Upper Copper River District only from May 15 through September 30. (x) The total annual harvest limit for subsistence salmon fishing permits in combination for the Glennallen Subdistrict and the Chitina Subdistrict is as follows: (A) For a household with 1 person, 30 salmon, of which no more than 5 may be chinook salmon taken by dip net and no more than 5 chinook taken by rod and reel; (B) For a household with 2 persons, 60 salmon, of which no more than 5 may be chinook salmon taken by dip net and no more than 5 chinook taken by rod and reel, plus 10 salmon for each additional person in a household over 2 persons, except that the household's limit for chinook salmon taken by dip net or rod and reel does not increase; (C) Upon request, permits for additional salmon will be issued for no more than a total of 200 salmon for a permit issued to a household with 1 person, of which no more than 5 may be chinook salmon taken by dip net and no more than 5 chinook taken by rod and reel, or no more than a total of 500 salmon for a permit issued to a household with 2 or more persons, of which no more than 5 may be chinook salmon taken by dip net and no more than 5 chinook taken by rod and reel. (xi) The following apply to Upper Copper River District subsistence salmon fishing permits: (A) Only one subsistence fishing permit per subdistrict will be issued to each household per year. If a household has been issued permits for both subdistricts in the same year, both permits must be in your possession and readily available for inspection while fishing or transporting subsistence-taken fish in either subdistrict. A qualified household may also be issued a Batzulnetas salmon fishery permit in the same year; (B) Multiple types of gear may be specified on a permit, although only one unit of gear may be operated at any one time; (C) You must return your permit no later than October 31 of the year in which the permit is issued, or you may be denied a permit for the following year; (D) A fish wheel may be operated only by one permit holder at one time; that permit holder must have the fish wheel marked as required by Section ----.27(i)(11) and during fishing operations; (E) Only the permit holder and the authorized member of the household listed on the subsistence permit may take salmon; (F) You must personally operate your fish wheel or dip net; (G) You may not loan or transfer a subsistence fish wheel or dip net permit except as permitted. (xii) If you are a fishwheel owner: (A) You must register your fish wheel with ADF&G or the Federal Subsistence Board; (B) Your registration number and name and address must be permanently affixed and plainly visible on the fish wheel when the fish wheel is in the water; (C) Only the current year's registration number may be affixed to the fish wheel; you must remove any other registration number from the fish wheel; (D) You must remove the fish wheel from the water at the end of the permit period; (E) You may not rent, lease, or otherwise use your fish wheel used for subsistence fishing for personal gain. (xiii) If you are operating a fishwheel: (A) You may operate only one fish wheel at any one time; [[Page 7290]] (B) You may not set or operate a fish wheel within 75 feet of another fish wheel; (C) No fish wheel may have more than two baskets; (D) If you are a permittee other than the owner, a wood or metal plate at least 12 inches high by 12 inches wide, bearing your name and address in letters and numerals at least 1 inch high, must be attached to the fish wheel so that the name and address are plainly visible. (xiv) A subsistence fishing permit may be issued to a village council, or other similarly qualified organization whose members operate fish wheels for subsistence purposes in the Upper Copper River District, to operate fish wheels on behalf of members of its village or organization. A permit may only be issued following approval by ADF&G or the Federal Subsistence Board of a harvest assessment plan to be administered by the permitted council or organization. The harvest assessment plan must include: provisions for recording daily catches for each fish wheel; sample data collection forms; location and number of fish wheels; the full legal name of the individual responsible for the lawful operation of each fish wheel; and other information determined to be necessary for effective resource management. The following additional provisions apply to subsistence fishing permits issued under this paragraph (i)(11)(xiv): (A) The permit will list all households and household members for whom the fish wheel is being operated; (B) The allowable harvest may not exceed the combined seasonal limits for the households listed on the permit; the permittee will notify the ADF&G or Federal Subsistence Board when households are added to the list, and the seasonal limit may be adjusted accordingly; (C) Members of households listed on a permit issued to a village council or other similarly qualified organization are not eligible for a separate household subsistence fishing permit for the Upper Copper River District. (xv) You may take salmon in the vicinity of the former Native village of Batzulnetas only under the authority of a Batzulnetas subsistence salmon fishing permit available from the National Park Service under the following conditions: (A) You may take salmon only in those waters of the Copper River between National Park Service regulatory markers located near the mouth of Tanada Creek and approximately one-half mile downstream from that mouth and in Tanada Creek between National Park Service regulatory markers identifying the open waters of the creek; (B) You may use only fish wheels, dip nets, and rod and reel on the Copper River and only dip nets, spears, and rod and reel in Tanada Creek; (C) You may take salmon only from May 15 through September 30 or until the season is closed by special action; (D) You may retain chinook salmon taken in a fishwheel in the Copper River. You may not take chinook salmon in Tanada Creek; (E) You must return the permit to the National Park Service no later than October 15. (xvi) You may take pink salmon for subsistence purposes from freshwater with a dip net from May 15 until September 30, 7 days per week, with no harvest or possession limits in the following areas: (A) Green Island, Knight Island, Chenega Island, Bainbridge Island, Evans Island, Elrington Island, Latouche Island, and adjacent islands, and the mainland waters from the outer point of Granite Bay located in Knight Island Passage to Cape Fairfield; (B) Waters north of a line from Porcupine Point to Granite Point, and south of a line from Point Lowe to Tongue Point. (12) Yakutat Area. The Yakutat Area includes all waters and drainages of Alaska between the longitude of Cape Suckling and the longitude of Cape Fairweather. (i) Unless restricted in this section or unless restricted under the terms of a subsistence fishing permit, you may take fish at any time in the Yakutat Area. (ii) You may not take salmon during the period commencing 48 hours before a State opening of commercial salmon net fishing season until 48 hours after the closure. This applies to each river or bay fishery individually. (iii) When the length of the weekly State commercial salmon net fishing period exceeds two days in any Yakutat Area salmon net fishery, the subsistence fishing period is from 6:00 a.m. to 6:00 p.m. on Saturday in that location. (iv) You may take salmon, trout (other than steelhead,) and char only under authority of a subsistence fishing permit. You may only take steelhead trout in the Situk and Ahrnklin Rivers and only under authority of a Federal subsistence fishing permit. (v) If you take salmon, trout, or char incidentally by gear operated under the terms of a subsistence permit for salmon, you may retain them for subsistence purposes. You must report any salmon, trout, or char taken in this manner on your permit calendar. (vi) You may take fish by gear listed in this part unless restricted in this section or under the terms of a subsistence fishing permit. (vii) In the Situk River, each subsistence salmon fishing permit holder shall attend his or her gill net at all times when it is being used to take salmon. (viii) You may block up to two-thirds of a stream with a gillnet or seine used for subsistence fishing. (ix) You must remove the dorsal fin from subsistence-caught salmon when taken. (x) You may not possess subsistence-taken and sport-taken salmon on the same day. (xi) With a subsistence fishing permit, you may harvest at any time up to 10 Dolly Varden with no minimum size. (13) Southeastern Alaska Area. The Southeastern Alaska Area includes all waters between a line projecting southwest from the westernmost tip of Cape Fairweather and Dixon Entrance. (i) Unless restricted in this section or under the terms of a subsistence fishing permit, you may take fish, other than rainbow/ steelhead trout, in the Southeastern Alaska Area at any time. (ii) From July 7 through July 31, you may take sockeye salmon in the waters of the Klawock River and Klawock Lake only from 8 a.m. Monday until 5 p.m. Friday. (iii) You must possess a subsistence fishing permit to take salmon. You must possess a Federal subsistence fishing permit to take coho salmon, trout, or char. You must possess a Federal subsistence fishing permit to take steelhead in Hamilton Bay and Kadake Bay Rivers. You must possess a Federal subsistence fishing permit to take eulachon from any freshwater stream flowing into fishing Sections 1-C or 1-D. (iv) You may take steelhead trout on Prince of Wales Island only under the terms of Federal subsistence fishing permits. You must obtain a separate permit for the winter and spring seasons. (A) The winter season is December 1 through the last day of February, with a harvest limit of 2 fish per household. You may use only a dip net, spear, or rod and reel with artificial lure or fly. You may not use bait. The winter season may be closed when the harvest level cap of 100 steelhead for Prince of Wales Island has been reached. You must return your winter season permit within 15 days of the close of the season and before receiving another permit for a Prince of Wales steelhead subsistence fishery. The permit conditions and systems to receive special protection [[Page 7291]] will be determined by the local Federal fisheries manager in consultation with ADF&G. (B) The spring season is March 1 through May 31, with a harvest limit of 5 fish per household. You may use only a dip net, spear, or rod and reel with artificial lure or fly. You may not use bait. The spring season may be closed prior to May 31 if the harvest quota of 600 fish minus the number of steelhead harvested in the winter subsistence steelhead fishery is reached. You must return your spring season permit within 15 days of the close of the season and before receiving another permit for a Prince of Wales steelhead subsistence fishery. The permit conditions and systems to receive special protection will be determined by the local Federal fisheries manager in consultation with ADF&G. (v) In the Southeastern Alaska Area, except for sections 3A, 3B, and 3C and the Stikine and Taku Rivers, you may take coho salmon in Southeast Alaska waters under Federal jurisdiction under the terms of a Federal subsistence fishing permit. There is no closed season. The daily harvest limit is 20 coho salmon per household, and the annual limit is 40 coho salmon per household. Only dipnets, spears, gaffs, and rod and reel may be used. Bait may only be used from September 15 through November 15. You may not retain incidentally caught trout and sockeye salmon unless taken by gaff or spear. (vi) You may take coho salmon in Subdistricts 3(A), (B), and (C) only under the terms of a Federal subsistence fishing permit. There is no closed season. The daily harvest limit is 20 fish per household. Only spears, dip net, and rod and reel may be used. Bait may be used only from September 15 through November 15. (vii) If you take salmon, trout, or char incidentally with gear operated under terms of a subsistence permit for other salmon, they may be kept for subsistence purposes. You must report any salmon, trout, or char taken in this manner on your permit calendar. (viii) No permits for the use of nets will be issued for the salmon streams flowing across or adjacent to the road systems within the city limits of Petersburg, Wrangell, and Sitka. (ix) You shall immediately remove the pelvic fins of all salmon when taken. (x) You may not possess subsistence-taken and sport-taken salmon on the same day. (xi) For the Salmon Bay Lake system, the daily harvest and season limit per household is 30 sockeye salmon. (xii) For Virginia Lake (Mill Creek), the daily harvest limit per household is 20 sockeye salmon, and the season limit per household is 40 sockeye salmon. (xiii) For Thoms Creek, the daily harvest limit per household is 20 sockeye salmon, and the season limit per household is 40 sockeye salmon. (xiv) The Sarkar River system above the bridge is closed to the use of all nets by both Federally-qualified and non-Federally qualified users. (xv) Only Federally-qualified subsistence users may harvest sockeye salmon in streams draining into Falls Lake Bay, Gut Bay, or Pillar Bay. In the Falls Lake Bay and Gut Bay drainages, the possession limit is 10 sockeye salmon per household. In the Pillar Bay drainage, the individual possession limit is 15 sockeye salmon with a household possession limit of 25 sockeye salmon. (xvi) In Baranof Lake, Florence Lake, Hasselborg Lake and River, Mirror Lake, Virginia Lake, and Wilson Lake, in addition to the requirement for a Federal subsistence fishing permit, the following restrictions for the harvest of Dolly Varden, cutthroat, and rainbow trout apply: (A) You may harvest at any time up to 10 Dolly Varden of any size; (B) You may harvest at any time six cutthroat or rainbow trout in combination. You may only retain fish between 11'' and 22''. You may only use a rod and reel without bait. (xvii) In all waters, other than those identified in paragraph (i)(13)(xvi) of this section, in addition to the requirement for a subsistence fishing permit, you may harvest Dolly Varden and cutthroat and rainbow trout in accordance with the seasons and harvest limits delineated in the Alaska Administrative Code, 5 AAC 47. You may only use a rod and reel without bait unless the use of bait is specifically permitted in 5 AAC 47. Sec. --.28 Subsistence taking of shellfish. (a) Regulations in this section apply to subsistence taking of Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and other shellfish or their parts. (b) [Reserved] (c) You may take shellfish for subsistence uses at any time in any area of the public lands by any method unless restricted by this section. (d) Methods, means, and general restrictions. (1) The harvest limit specified in this section for a subsistence season for a species and the State harvest limit set for a State season for the same species are not cumulative. This means that if you have taken the harvest limit for a particular species under a subsistence season specified in this section, you may not, after that, take any additional shellfish of that species under any other harvest limit specified for a State season. (2) Unless otherwise provided in this section or under terms of a required subsistence fishing permit (as may be modified by this section), you may use the following legal types of gear to take shellfish: (i) Abalone iron; (ii) Diving gear; (iii) A grappling hook; (iv) A handline; (v) A hydraulic clam digger; (vi) A mechanical clam digger; (vii) A pot; (viii) A ring net; (ix) A scallop dredge; (x) A sea urchin rake; (xi) A shovel; and (xii) A trawl. (3) You are prohibited from buying or selling subsistence-taken shellfish, their parts, or their eggs, unless otherwise specified. (4) You may not use explosives and chemicals, except that you may use chemical baits or lures to attract shellfish. (5) Marking requirements for subsistence shellfish gear are as follows: (i) You shall plainly and legibly inscribe your first initial, last name, and address on a keg or buoy attached to unattended subsistence fishing gear, except when fishing through the ice, you may substitute for the keg or buoy, a stake inscribed with your first initial, last name, and address inserted in the ice near the hole; subsistence fishing gear may not display a permanent ADF&G vessel license number; (ii) Kegs or buoys attached to subsistence crab pots also must be inscribed with the name or United States Coast Guard number of the vessel used to operate the pots. (6) Pots used for subsistence fishing must comply with the escape mechanism requirements found in Sec. --.27(c)(2). (7) You may not mutilate or otherwise disfigure a crab in any manner which would prevent determination of the minimum size restrictions until the crab has been processed or prepared for consumption. (e) Taking shellfish by designated harvest permit. (1) Any species of shellfish that may be taken by subsistence fishing under this part may be taken under a designated harvest permit. (2) If you are a Federally-qualified subsistence user (beneficiary), you may designate another Federally-qualified [[Page 7292]] subsistence user to take shellfish on your behalf. The designated fisherman must obtain a designated harvest permit prior to attempting to harvest shellfish and must return a completed harvest report. The designated fisherman may harvest for any number of beneficiaries but may have no more than two harvest limits in his/her possession at any one time. (3) The designated fisherman must have in possession a valid designated harvest permit when taking, attempting to take, or transporting shellfish taken under this section, on behalf of a beneficiary. (4) You may not fish with more than one legal limit of gear as established by this section. (5) You may not designate more than one person to take or attempt to take shellfish on your behalf at one time. You may not personally take or attempt to take shellfish at the same time that a designated fisherman is taking or attempting to take shellfish on your behalf. (f) If a subsistence shellfishing permit is required by this section, the following conditions apply unless otherwise specified by the subsistence regulations in this section: (1) You may not take shellfish for subsistence in excess of the limits set out in the permit unless a different limit is specified in this section; (2) You must obtain a permit prior to subsistence fishing; (3) You must have the permit in your possession and readily available for inspection while taking or transporting the species for which the permit is issued; (4) The permit may designate the species and numbers of shellfish to be harvested, time and area of fishing, the type and amount of fishing gear and other conditions necessary for management or conservation purposes; (5) If specified on the permit, you shall keep accurate daily records of the catch involved, showing the number of shellfish taken by species, location and date of the catch, and such other information as may be required for management or conservation purposes; (6) You must complete and submit subsistence fishing reports at the time specified for each particular area and fishery; (7) If the return of catch information necessary for management and conservation purposes is required by a subsistence fishing permit and you fail to comply with such reporting requirements, you are ineligible to receive a subsistence permit for that activity during the following calendar year, unless you demonstrate that failure to report was due to loss in the mail, accident, sickness, or other unavoidable circumstances. (g) Subsistence take by commercial vessels. No fishing vessel which is commercially licensed and registered for shrimp pot, shrimp trawl, king crab, Tanner crab, or Dungeness crab fishing may be used for subsistence take during the period starting 14 days before an opening until 14 days after the closure of a respective open season in the area or areas for which the vessel is registered. However, if you are a commercial fisherman, you may retain shellfish for your own use from your lawfully taken commercial catch. (h) You may not take or possess shellfish smaller than the minimum legal size limits. (i) Unlawful possession of subsistence shellfish. You may not possess, transport, give, receive, or barter shellfish or their parts taken in violation of Federal or State regulations. (j)(1) An owner, operator, or employee of a lodge, charter vessel, or other enterprise that furnishes food, lodging, or guide services may not furnish to a client or guest of that enterprise, shellfish that has been taken under this section, unless: (i) The shellfish has been taken with gear deployed and retrieved by the client or guest who is a federally-qualified subsistence user; (ii) The gear has been marked with the client's or guest's name and address; and (iii) The shellfish is to be consumed by the client or guest or is consumed in the presence of the client or guest. (2) The captain and crewmembers of a charter vessel may not deploy, set, or retrieve their own gear in a subsistence shellfish fishery when that vessel is being chartered. (k) Subsistence shellfish areas and pertinent restrictions. (1) Southeastern Alaska-Yakutat Area. No marine waters are currently identified under Federal subsistence management jurisdiction. (2) Prince William Sound Area. No marine waters are currently identified under Federal subsistence management jurisdiction. (3) Cook Inlet Area. (i) You may take shellfish for subsistence purposes only as allowed in this section (k)(3). (ii) You may not take king crab, Dungeness crab, or shrimp for subsistence purposes. (iii) In the subsistence taking of Tanner crab: (A) Male Tanner crab may be taken only from July 15 through March 15; (B) The daily harvest and possession limit is 5 male Tanner crab; (C) Only male Tanner crabs 5\1/2\ inches or greater in width of shell may be taken or possessed; (D) No more than 2 pots per person, regardless of type, with a maximum of 2 pots per vessel, regardless of type, may be used to take Tanner crab. (iv) In the subsistence taking of clams: (A) The daily harvest and possession limit for littleneck clams is 1,000 and the minimum size is 1.5 inches in length; (B) The daily harvest and possession limit for butter clams is 700 and the minimum size is 2.5 inches in length. (v) Other than as specified in this section, there are no harvest, possession, or size limits for other shellfish, and the season is open all year. (4) Kodiak Area. (i) You may take crab for subsistence purposes only under the authority of a subsistence crab fishing permit issued by the ADF&G. (ii) The operator of a commercially licensed and registered shrimp fishing vessel must obtain a subsistence fishing permit from the ADF&G before subsistence shrimp fishing during a State closed commercial shrimp fishing season or within a closed commercial shrimp fishing district, section, or subsection. The permit shall specify the area and the date the vessel operator intends to fish. No more than 500 pounds (227 kg) of shrimp may be in possession aboard the vessel. (iii) The daily harvest and possession limit is 12 male Dungeness crabs per person; only male Dungeness crabs with a shell width of 6\1/ 2\ inches or greater may be taken or possessed. Taking of Dungeness crab is prohibited in water 25 fathoms or more in depth during the 14 days immediately before the State opening of a commercial king or Tanner crab fishing season in the location. (iv) In the subsistence taking of king crab: (A) The annual limit is six crabs per household; only male king crab with shell width of 7 inches or greater may be taken or possessed; (B) All crab pots used for subsistence fishing and left in saltwater unattended longer than a 2-week period shall have all bait and bait containers removed and all doors secured fully open; (C) You may only use one crab pot, which may be of any size, to take king crab; (D) You may take king crab only from June 1-January 31, except that the subsistence taking of king crab is prohibited in waters 25 fathoms or greater in depth during the period 14 days before and 14 days after State open commercial fishing seasons for red king crab, blue king crab, or Tanner crab in the location; [[Page 7293]] (E) The waters of the Pacific Ocean enclosed by the boundaries of Womens Bay, Gibson Cove, and an area defined by a line \1/2\ mile on either side of the mouth of the Karluk River, and extending seaward 3,000 feet, and all waters within 1,500 feet seaward of the shoreline of Afognak Island are closed to the harvest of king crab except by Federally-qualified subsistence users. (v) In the subsistence taking of Tanner crab: (A) You may not use more than five crab pots to take Tanner crab; (B) You may not take Tanner crab in waters 25 fathoms or greater in depth during the 14 days immediately before the opening of a State commercial king or Tanner crab fishing season in the location; (C) The daily harvest and possession limit is 12 male crabs with a shell width 5\1/2\ inches or greater per person. (5) Alaska Peninsula-Aleutian Islands Area. (i) The operator of a commercially licensed and registered shrimp fishing vessel must obtain a subsistence fishing permit from the ADF&G prior to subsistence shrimp fishing during a closed State commercial shrimp fishing season or within a closed commercial shrimp fishing district, section, or subsection; the permit shall specify the area and the date the vessel operator intends to fish; no more than 500 pounds (227 kg) of shrimp may be in possession aboard the vessel. (ii) The daily harvest and possession limit is 12 male Dungeness crabs per person; only crabs with a shell width of 5\1/2\ inches or greater may be taken or possessed. (iii) In the subsistence taking of king crab: (A) The daily harvest and possession limit is six male crabs per person; only crabs with a shell width of 6\1/2\ inches or greater may be taken or possessed; (B) All crab pots used for subsistence fishing and left in saltwater unattended longer than a 2-week period shall have all bait and bait containers removed and all doors secured fully open; (C) You may take crabs only from June 1-January 31. (iv) The daily harvest and possession limit is 12 male Tanner crabs per person; only crabs with a shell width of 5\1/2\ inches or greater may be taken or possessed. (6) Bering Sea Area. (i) In that portion of the area north of the latitude of Cape Newenham, shellfish may only be taken by shovel, jigging gear, pots, and ring net. (ii) The operator of a commercially licensed and registered shrimp fishing vessel must obtain a subsistence fishing permit from the ADF&G prior to subsistence shrimp fishing during a closed commercial shrimp fishing season or within a closed commercial shrimp fishing district, section, or subsection; the permit shall specify the area and the date the vessel operator intends to fish; no more than 500 pounds (227 kg) of shrimp may be in possession aboard the vessel. (iii) In waters south of 60[deg] N. lat., the daily harvest and possession limit is 12 male Dungeness crabs per person. (iv) In the subsistence taking of king crab: (A) In waters south of 60[deg] N. lat., the daily harvest and possession limit is six males crabs per person; (B) All crab pots used for subsistence fishing and left in saltwater unattended longer than a two-week period shall have all bait and bait containers removed and all doors secured fully open; (C) In waters south of 60[deg] N. lat., you may take crab only from June 1-January 31; (D) In the Norton Sound Section of the Northern District, you must have a subsistence permit. (v) In waters south of 60[deg] N. lat., the daily harvest and possession limit is 12 male Tanner crabs. Dated: December 27, 2002. William W. Knauer II, Acting Chair, Federal Subsistence Board. Dated: January 6, 2003. Calvin H. Casipit, Acting Subsistence Program Leader, USDA-Forest Service. [FR Doc. 03-2396 Filed 2-11-03; 8:45 am] BILLING CODE 3410-11-P