§ 242.28 Subsistence taking of shellfish. ( a ) *Covered species* ( 1 ) Regulations in this section apply to subsistence taking of Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and other shellfish or their parts.
( 2 ) 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.
( b ) *Methods, means, and general restrictions.* ( 1 ) The harvest limit specified in this section for a subsistence season for a species and the State harvest limit set for a State season for the same species are not cumulative. This means that if you have taken the harvest limit for a particular species under a subsistence season specified in this section, you may not, after that, take any additional shellfish of that species under any other harvest limit specified for a State season.
( 2 ) Unless otherwise provided in this section or under terms of a required subsistence fishing permit (as may be modified by this section), you may use the following legal types of gear to take shellfish: ( i ) Abalone iron;
( ii ) Diving gear;
( iii ) A grappling hook;
( iv ) A handline;
( v ) A hydraulic clam digger;
( vi ) A mechanical clam digger;
( vii ) A pot;
( viii ) A ring net;
( ix ) A scallop dredge;
( x ) A sea urchin rake;
( xi ) A shovel; and
( xii ) A trawl.
( 3 ) You are prohibited from buying or selling subsistence-taken shellfish, their parts, or their eggs, unless otherwise specified.
( 4 ) You may not use explosives and chemicals, except that you may use chemical baits or lures to attract shellfish.
( 5 ) Marking requirements for subsistence shellfish gear are as follows: ( i ) You must plainly and legibly inscribe your first initial, last name, and address on a keg or buoy attached to unattended subsistence fishing gear, except when fishing through the ice, when you may substitute for the keg or buoy a stake inscribed with your first initial, last name, and address inserted in the ice near the hole; subsistence fishing gear may not display a permanent ADF&G vessel license number;
( ii ) Kegs or buoys attached to subsistence crab pots also must be inscribed with the name or United States Coast Guard number of the vessel used to operate the pots.
( 6 ) Pots used for subsistence fishing must comply with the escape mechanism requirements found in § 100.27(b)(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.
( c ) *Taking shellfish by designated harvest permit.* ( 1 ) Any species of shellfish that may be taken by subsistence fishing under this part may be taken under a designated harvest permit.
( 2 ) If you are a Federally-qualified subsistence user (beneficiary), you may designate another Federally-qualified subsistence user to take shellfish on your behalf. The designated fisherman must obtain a designated harvest permit prior to attempting to harvest shellfish and must return a completed harvest report. The designated fisherman may harvest for any number of beneficiaries but may have no more than two harvest limits in his/her possession at any one time.
( 3 ) The designated fisherman must have in possession a valid designated harvest permit when taking, attempting to take, or transporting shellfish taken under this section, on behalf of a beneficiary.
( 4 ) You may not fish with more than one legal limit of gear as established by this section.
( 5 ) You may not designate more than one person to take or attempt to take shellfish on your behalf at one time. You may not personally take or attempt to take shellfish at the same time that a designated fisherman is taking or attempting to take shellfish on your behalf.
( d ) *Permit requirements.* If a subsistence shellfish permit is required by this section, the following conditions apply unless otherwise specified by the subsistence regulations in this section: ( 1 ) You may not take shellfish for subsistence in excess of the limits set out in the permit unless a different limit is specified in this section.
( 2 ) You must obtain a permit prior to subsistence fishing.
( 3 ) You must have the permit in your possession and readily available for inspection while taking or transporting the species for which the permit is issued.
( 4 ) The permit may designate the species and numbers of shellfish to be harvested, time and area of fishing, the type and amount of fishing gear and other conditions necessary for management or conservation purposes.
( 5 ) If specified on the permit, you must keep accurate daily records of the catch involved, showing the number of shellfish taken by species, location and date of the catch, and such other information as may be required for management or conservation purposes.
( 6 ) You must complete and submit subsistence fishing reports at the time specified for each particular area and fishery.
( 7 ) If the return of catch information necessary for management and conservation purposes is required by a subsistence fishing permit and you fail to comply with such reporting requirements, you are ineligible to receive a subsistence permit for that activity during the following calendar year, unless you demonstrate that failure to report was due to loss in the mail, accident, sickness, or other unavoidable circumstances.
( e ) *Subsistence take by commercial vessels.* No fishing vessel which is commercially licensed and registered for shrimp pot, shrimp trawl, king crab, Tanner crab, or Dungeness crab fishing may be used for subsistence take during the period starting 14 days before an opening and ending 14 days after the closure of a respective open season in the area or areas for which the vessel is registered. However, if you are a commercial fisherman, you may retain shellfish for your own use from your lawfully taken commercial catch.
( f ) *Size restrictions.* You may not take or possess shellfish smaller than the minimum legal size limits.
( g ) *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.
( h ) *Charter and related operations.* ( 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.
( i ) *Subsistence shellfish areas and pertinent restrictions* — ( 1 ) *Southeastern Alaska—Yakutat Area.* No marine waters are currently identified under Federal subsistence management jurisdiction, except the marine waters occurring in the vicinity of Makhnati Island as described in § 242.3(b)(5) of these regulations.
( 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 paragraph (i)(3) of this section.
( ii ) You may not take king crab, Dungeness crab, or shrimp for subsistence purposes.
( iii ) In the subsistence taking of Tanner crab: ( A ) Male Tanner crab may be taken only from July 15 through March 15;
( B ) The daily harvest and possession limit is 5 male Tanner crabs;
( C ) Only male Tanner crabs 51 ⁄ 2; inches or greater in width of shell may be taken or possessed;
( D ) No more than two pots per person, regardless of type, with a maximum of two pots per vessel, regardless of type, may be used to take Tanner crab.
( iv ) In the subsistence taking of clams: ( A ) The daily harvest and possession limit for littleneck clams is 1,000 and the minimum size is 1.5 inches in length;
( B ) The daily harvest and possession limit for butter clams is 700 and the minimum size is 2.5 inches in length.
( v ) Other than as specified in this section, there are no harvest, possession, or size limits for other shellfish, and the season is open all year.
( 4 ) *Kodiak Area.* ( i ) You may take crab for subsistence purposes only under the authority of a subsistence crab fishing permit issued by the ADF&G.
( ii ) The operator of a commercially licensed and registered shrimp fishing vessel must obtain a subsistence fishing permit from the ADF&G before subsistence shrimp fishing during a State closed commercial shrimp fishing season or within a closed commercial shrimp fishing district, section, or subsection. The permit must specify the area and the date the vessel operator intends to fish. No more than 500 pounds (227 kg) of shrimp may be in possession aboard the vessel.
( iii ) The daily harvest and possession limit is 12 male Dungeness crabs per person; only male Dungeness crabs with a shell width of 61 ⁄ 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 three crabs per household; only male king crab with shell width of 7 inches or greater may be taken or possessed.
( B ) All crab pots used for subsistence fishing and left in saltwater unattended longer than a 2-week period must have all bait and bait containers removed and all doors secured fully open.
( C ) You may only use one crab pot, which may be of any size, to take king crab.
( D ) You may take king crab only from June 1 through January 31, except that the subsistence taking of king crab is prohibited in waters 25 fathoms or greater in depth during the period 14 days before and 14 days after State open commercial fishing seasons for red king crab, blue king crab, or Tanner crab in the location.
( E ) The waters of the Pacific Ocean enclosed by the boundaries of Womens Bay, Gibson Cove, and an area defined by a line 1 ⁄ 2 mile on either side of the mouth of the Karluk River, and extending seaward 3,000 feet, and all waters within 1,500 feet seaward of the shoreline of Afognak Island are closed to the harvest of king crab except by Federally qualified subsistence users.
( v ) In the subsistence taking of Tanner crab: ( A ) You may not use more than five crab pots to take Tanner crab.
( B ) You may not take Tanner crab in waters 25 fathoms or greater in depth during the 14 days immediately before the opening of a State commercial king or Tanner crab fishing season in the location.
( C ) The daily harvest and possession limit per person is 12 male crabs with a shell width 51 ⁄ 2 inches or greater.
( 5 ) *Alaska Peninsula—Aleutian Islands Area.* ( i ) The operator of a commercially licensed and registered shrimp fishing vessel must obtain a subsistence fishing permit from the ADF&G prior to subsistence shrimp fishing during a closed State commercial shrimp fishing season or within a closed commercial shrimp fishing district, section, or subsection; the permit must specify the area and the date the vessel operator intends to fish; no more than 500 pounds (227 kg) of shrimp may be in possession aboard the vessel.
( ii ) The daily harvest and possession limit is 12 male Dungeness crabs per person; only crabs with a shell width of 51 ⁄ 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 61 ⁄ 2 inches or greater may be taken or possessed;
( B ) All crab pots used for subsistence fishing and left in saltwater unattended longer than a 2-week period must have all bait and bait containers removed and all doors secured fully open;
( C ) You may take crabs only from June 1 through January 31.
( iv ) The daily harvest and possession limit is 12 male Tanner crabs per person; only crabs with a shell width of 51 ⁄ 2 inches or greater may be taken or possessed.
( 6 ) *Bering Sea Area.* ( i ) In that portion of the area north of the latitude of Cape Newenham, shellfish may only be taken by shovel, jigging gear, pots, and ring net.
( ii ) The operator of a commercially licensed and registered shrimp fishing vessel must obtain a subsistence fishing permit from the ADF&G prior to subsistence shrimp fishing during a closed commercial shrimp fishing season or within a closed commercial shrimp fishing district, section, or subsection; the permit must specify the area and the date the vessel operator intends to fish; no more than 500 pounds (227 kg) of shrimp may be in possession aboard the vessel.
( iii ) In waters south of 60° North latitude, the daily harvest and possession limit is 12 male Dungeness crabs per person.
( iv ) In the subsistence taking of king crab: ( A ) In waters south of 60° North latitude, the daily harvest and possession limit is six male crabs per person.
( B ) All crab pots used for subsistence fishing and left in saltwater unattended longer than a 2-week period must have all bait and bait containers removed and all doors secured fully open.
( C ) In waters south of 60° North latitude, you may take crab only from June 1 through January 31.
( D ) In the Norton Sound Section of the Northern District, you must have a subsistence permit.
( v ) In waters south of 60° North latitude, the daily harvest and possession limit is 12 male Tanner crabs.
[76 FR 12585, Mar. 8, 2011]