12676 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AU57 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart C 

and Subpart D—2007–08 Subsistence 

Taking of Fish and Shellfish 

Regulations 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

regulations for seasons, harvest limits, 

methods, and means related to taking of 

fish and shellfish for subsistence uses 

during the 2007–08 regulatory year. The 

rulemaking is necessary because 

Subpart D is subject to an annual public 

review cycle. This rulemaking replaces 

the fish and shellfish taking regulations 

included in the ‘‘Subsistence 

Management Regulations for Public 

Lands in Alaska, Subpart C and Subpart 

D—2006–07 Subsistence Taking of Fish 

and Wildlife Regulations,’’ which expire 

on March 31, 2007. This rule also 

amends the Customary and Traditional 

Use Determinations of the Federal 

Subsistence Board (§ ll.24 of subpart 

C). 

DATES: Sections ll.24(a)(2) and (3) are 

effective April 1, 2007. Sections ll.27 

and ll.28 are effective April 1, 2007, 

through March 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management; (907) 786– 

3888. For questions specific to National 

Forest System lands, contact Steve 

Kessler, Regional Subsistence Program 

Leader, USDA, Forest Service, Alaska 

Region, (907) 786–3592. 

SUPPLEMENTARY INFORMATION: 

Background 

Title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126) 

requires that the Secretary of the Interior 

and the Secretary of Agriculture 

(Secretaries) implement a joint program 

to grant a preference for subsistence 

uses of fish and wildlife resources on 

public lands, unless the State of Alaska 

enacts and implements laws of general 

applicability that are consistent with 

ANILCA and that provide for the 

subsistence definition, preference, and 

participation specified in Sections 803, 

804, and 805 of ANILCA. In 1978, the 

State implemented a program that the 

Department of the Interior found to be 

consistent with ANILCA. However, in 

December 1989, the Alaska Supreme 

Court ruled in McDowell v. State of 

Alaska that the rural preference in the 

State subsistence statute violated the 

Alaska Constitution. The Court’s ruling 

in McDowell required the State to delete 

the rural preference from the 

subsistence statute and, therefore, 

negated State compliance with ANILCA. 

The Court stayed the effect of the 

decision until July 1, 1990. 

As a result of the McDowell decision, 

the Department of the Interior and the 

Department of Agriculture 

(Departments) assumed, on July 1, 1990, 

responsibility for implementation of 

Title VIII of ANILCA on public lands. 

On June 29, 1990, the Temporary 

Subsistence Management Regulations 

for Public Lands in Alaska were 

published in the Federal Register (55 

FR 27114). On January 8, 1999 (64 FR 

1276), the Departments extended 

jurisdiction to include waters in which 

there exists a Federal reserved water 

right. This amended rule conformed the 

Federal Subsistence Management 

Program to the Ninth Circuit’s ruling in 

Alaska v. Babbitt. Consistent with 

Subparts A, B, and C of these 

regulations, as revised May 7, 2002 (67 

FR 30559), the Departments established 

a Federal Subsistence Board to 

administer the Federal Subsistence 

Management Program. The Board’s 

composition includes a Chair appointed 

by the Secretary of the Interior with 

concurrence of the Secretary of 

Agriculture; the Alaska Regional 

Director, U.S. Fish and Wildlife Service; 

the Alaska Regional Director, U.S. 

National Park Service; the Alaska State 

Director, U.S. Bureau of Land 

Management; the Alaska Regional 

Director, U.S. Bureau of Indian Affairs; 

and the Alaska Regional Forester, USDA 

Forest Service. Through the Board, these 

agencies participated in the 

development of regulations for subparts 

A, B, and C, and the annual subpart D 

regulations. 

All Board members have reviewed 

this rule and agree with its substance. 

Because this rule relates to public lands 

managed by agencies in both the 

Departments of Agriculture and the 

Interior, identical text will be 

incorporated into 36 CFR part 242 and 

50 CFR part 100. 

Applicability of Subparts A, B, and C 

Subparts A, B, and C (unless 

otherwise amended) of the Subsistence 

Management Regulations for Public 

Lands in Alaska, 50 CFR 100.1 to 100.23 

and 36 CFR 242.1 to 242.23, remain 

effective and apply to this rule. 

Therefore, all definitions located at 50 

CFR 100.4 and 36 CFR 242.4 apply to 

regulations found in this subpart. 

Federal Subsistence Regional Advisory 

Councils 

Pursuant to the Record of Decision, 

Subsistence Management Regulations 

for Federal Public Lands in Alaska, 

April 6, 1992, and the Subsistence 

Management Regulations for Federal 

Public Lands in Alaska, 36 CFR 242.11 

and 242.22 (2002) and 50 CFR 100.11 

and 100.22 (2002), and for the purposes 

identified therein, we divide Alaska into 

10 subsistence resource regions, each of 

which is represented by a Federal 

Subsistence Regional Advisory Council 

(Regional Council). The Regional 

Councils provide a forum for rural 

residents with personal knowledge of 

local conditions and resource 

requirements to exercise a meaningful 

role in the subsistence management of 

fish and wildlife on Alaska public 

lands. The Regional Council members 

represent varied geographical, cultural, 

and user diversity within each region. 

The Regional Councils had a 

substantial role in reviewing the 

proposed rule (70 FR 76010, December 

22, 2005) and making recommendations 

for this final rule. Moreover, the Council 

Chairs, or their designated 

representatives, presented their 

Council’s recommendations at the Board 

meeting of January 9–11, 2007. 

Transcripts from this series of meetings 

are available at http://alaska.fws.gov/ 

asm/index.cfm. 

Summary of Changes 

Section ll.24 (Customary and 

traditional use determinations) was 

originally published in the Federal 

Register (57 FR 22940) on May 29, 1992. 

Since that time, the Board has made a 

number of Customary and Traditional 

Use Determinations at the request of 

impacted subsistence users. Those 

modifications, along with some 

administrative corrections, were last 

published in the Federal Register on 

March 29, 2006 (71 FR 15569). During 

its January 9–11, 2007, meeting, the 

Board made new determinations in 

addition to various annual season and 

harvest limit changes. The public has 

had extensive opportunity to review and 

comment on all changes. Additional 

details on the recent Board 


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modifications are contained below in 

Analysis of Proposals Adopted by the 

Board. 

Subpart D regulations are subject to 

an annual cycle and require 

development of an entire new rule each 

year. Customary and traditional use 

determinations are also subject to an 

annual review process providing for 

modification each year. We published 

proposed Subpart D regulations for the 

2007–08 seasons, harvest limits, and 

methods and means on December 22, 

2005, in the Federal Register (70 FR 

76010). A 45-day comment period 

providing for public review of the 

proposed rule and calling for proposals 

was advertised by mail, radio, and 

newspaper. During that period, the 

Regional Councils met and, in addition 

to other Regional Council business, 

received suggestions for proposals from 

the public. The Board received a total of 

26 proposals for changes to Customary 

and Traditional Use Determinations or 

to Subpart D. Subsequent to the review 

period, the Board prepared a booklet 

describing the proposals and distributed 

it to the public. The public had an 

additional 30 days in which to comment 

on the proposals for changes to the 

regulations. The 10 Regional Councils 

then met again, received public 

comments, and formulated their 

recommendations to the Board on 

proposals for their respective regions. 

Nine of the proposals were not 

considered, being deferred for Board 

consideration in a future cycle. One 

proposal was withdrawn by the 

originator. These final regulations 

reflect Board review and consideration 

of Regional Council recommendations 

and public comments on the remaining 

proposals. 

Analysis of Proposals Rejected by the 

Board 

The Board rejected, tabled, or took no 

action on 11 proposals. All of the 

actions to reject or take no action were 

based on recommendations from at least 

one Regional Council. 

The Board rejected one proposal 

requesting opening the Lower Copper 

River to a dip net and rod and reel 

subsistence salmon fishery. The Board 

rejected this proposal at the request of 

the Southcentral Regional Advisory 

Council because although there is not a 

biological concern, all public testimony 

from rural subsistence users opposes 

this proposal as unnecessary to the 

satisfaction of subsistence needs. 

The Board rejected one proposal that 

requested storage restrictions for fish 

wheels on the Copper River. The Board 

rejected this proposal as unnecessarily 

restrictive for subsistence users. 

The Board rejected one proposal that 

requested placement restrictions for fish 

wheels on the Copper River. The Board 

rejected this proposal as unnecessarily 

restrictive for subsistence users because 

it would cause them unnecessary 

hardship. 

The Board deferred for 1 year a 

proposal that would have closed the 

herring fishery in the Makhnati Island 

area in order to allow the formation of 

a working group to further review the 

implications and issues related to this 

very complex fishery. 

The Board rejected one proposal that 

requested more stringent reporting 

requirements for steelhead in the Sitka 

area. The Board rejected this proposal as 

unnecessarily restrictive for subsistence 

users. 

The Board rejected four other 

proposals that would have placed 

additional harvest restrictions on 

steelhead in the Sitka area. These 

proposals were rejected because the 

Board believes that proper safeguards 

are already in place to protect steelhead 

populations, and the proposals would 

have placed unnecessary restrictions on 

subsistence users. 

Analysis of Proposals Adopted by the 

Board 

The Board adopted five proposals. A 

number of proposals dealing with the 

same issue were dealt with as a package. 

Some proposals were adopted as 

submitted and others were adopted with 

modifications suggested by the 

respective Regional Council or 

developed during the Board’s public 

deliberations. 

All of the adopted proposals were 

recommended for adoption by at least 

one of the Regional Councils and were 

based on meeting customary and 

traditional uses, conforming with 

harvest practices, or protecting fish 

populations. Detailed information 

relating to justification for the action on 

each proposal may be found in the 

Board meeting transcripts, available for 

review at the Office of Subsistence 

Management, 3601 C Street, Suite 1030, 

Anchorage, Alaska, or on the Office of 

Subsistence Management Web site 

http://alaska.fws.gov/asm/index.cfm. 

Additional technical clarifications and 

removal of excess or duplicative text 

have been made, which result in a more 

readable document. 

When questions of jurisdiction are 

brought to our attention, we 

immediately review the issue and make 

any appropriate modifications to our 

regulations. In addition, we revised the 

regulations pertaining to specific 

management areas as follows: 

Bristol Bay Fishery Management Area 

The Board adopted three proposals 

affecting residents of the Bristol Bay 

Alaska Fishery Management Area, 

resulting in the following changes to the 

regulations found in § ll.27. 

• Provided for the take of salmon by 

drift gillnet in the lower 2 miles of the 

Togiak River. Marking of salmon taken 

by drift gillnet is required. 

• Allowed the take of salmon without 

a permit in Lake Clark and its tributaries 

by snagging (by handline or rod and 

reel), spear, bow and arrow, or capturing 

by bare hand. 

• Allowed the take of salmon by 

beach seines not exceeding 25 fathoms 

in Lake Clark, excluding its tributaries. 

Cook Inlet Fishery Management Area 

During a public work session on 

November 17, 2006, the Board made 

changes to the customary and 

traditional use determination for the 

community of Ninilchik, recognizing its 

historical use of the Kenai River 

drainage and northern portion of the 

Kenai Peninsula. This action resulted 

from a request for reconsideration of a 

Board action on a proposal acted on 

during the Board’s January 10–13, 2006, 

meeting and was effective November 17, 

2006. 

Southeastern Alaska Fishery 

Management Area 

The Board adopted two proposals 

affecting residents of the Southeastern 

Alaska Fishery Management Area, 

resulting in the following changes to the 

regulations found in §§ ll .24 and 

ll .27. 

• Revised the customary and 

traditional use determination for 

Districts 12, 13, and 14 in the Southeast 

Alaska Fishery Management Area. 

• Aligned Federal harvest limits for 

sockeye salmon in most of southeast 

Alaska with the existing State 

subsistence or personal use fishery. 

During a public work session on 

November 17, 2006, the Board made 

changes to the customary and 

traditional use determination for the 

community of Gustavus, recognizing its 

historical use of District 14, Sections 

14B and 14C. This action resulted from 

a request for reconsideration of a Board 

action on a proposal acted on during the 

Board’s January 10–13, 2006, meeting. 

Board action on another proposal at its 

January 9–10, 2007, meeting has since 

superseded the November 17, 2006 

action. 

Administrative Procedure Act 

Compliance 

The Board finds that additional public 

notice under the Administrative 


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Procedure Act (APA) for this final rule 

is unnecessary and contrary to the 

public interest. The Board has provided 

extensive opportunity for public input 

and involvement in excess of standard 

APA requirements, including 

participation in multiple Regional 

Council meetings, additional public 

review and comment on all proposals 

for regulatory change, and opportunity 

for additional public comment during 

the Board meeting prior to deliberation. 

Additionally, an administrative 

mechanism exists (and has been used by 

the public) to request reconsideration of 

the Board’s decision on any particular 

proposal for regulatory change. Over the 

15 years the Program has been 

operating, no benefit to the public has 

been demonstrated by delaying the 

effective date of regulations. A lapse in 

regulatory control could seriously affect 

the continued viability of fish and 

shellfish populations, adversely impact 

future subsistence opportunities for 

rural Alaskans, and would generally fail 

to serve the overall public interest. 

Therefore, the Board finds good cause 

pursuant to 5 U.S.C. 553(d) to make this 

rule effective less than 30 days after 

publication. 

Conformance With Statutory and 

Regulatory Authorities 

National Environmental Policy Act 

Compliance 

A Draft Environmental Impact 

Statement (DEIS) for developing a 

Federal Subsistence Management 

Program was distributed for public 

comment on October 7, 1991. That 

document described the major issues 

associated with Federal subsistence 

management as identified through 

public meetings, written comments, and 

staff analysis and examined the 

environmental consequences of four 

alternatives. Proposed regulations 

(Subparts A, B, and C) that would 

implement the preferred alternative 

were included in the DEIS as an 

appendix. The DEIS and the proposed 

administrative regulations presented a 

framework for an annual regulatory 

cycle regarding subsistence hunting and 

fishing regulations (Subpart D). The 

Final Environmental Impact Statement 

(FEIS) was published on February 28, 

1992. 

Based on the public comment 

received, the analysis contained in the 

FEIS, and the recommendations of the 

Federal Subsistence Board and the 

Department of the Interior’s Subsistence 

Policy Group, the Secretary of the 

Interior, with the concurrence of the 

Secretary of Agriculture, through the 

U.S. Department of Agriculture-Forest 

Service, implemented Alternative IV as 

identified in the DEIS and FEIS (Record 

of Decision on Subsistence Management 

for Federal Public Lands in Alaska 

(ROD), signed April 6, 1992). The DEIS 

and the selected alternative in the FEIS 

defined the administrative framework of 

an annual regulatory cycle for 

subsistence hunting and fishing 

regulations. The final rule for 

Subsistence Management Regulations 

for Public Lands in Alaska, Subparts A, 

B, and C (57 FR 22940, published May 

29, 1992; amended January 8, 1999, 64 

FR 1276; June 12, 2001, 66 FR 31533; 

May 7, 2002, 67 FR 30559; April 30, 

2003, 68 FR 23035; October 14, 2004, 68 

FR 60957; and December 27, 2005, 70 

FR 76400) implemented the Federal 

Subsistence Management Program and 

included a framework for an annual 

cycle for subsistence hunting and 

fishing regulations. 

An environmental assessment was 

prepared in 1997 on the expansion of 

Federal jurisdiction over fisheries and is 

available from the office listed under 

FOR FURTHER INFORMATION CONTACT. The 

Secretary of the Interior, with the 

concurrence of the Secretary of 

Agriculture, determined that the 

expansion of Federal jurisdiction did 

not constitute a major Federal action 

significantly affecting the human 

environment and has therefore signed a 

Finding of No Significant Impact. 

Compliance With Section 810 of 

ANILCA 

The intent of all Federal subsistence 

regulations is to accord subsistence uses 

of fish and wildlife on public lands a 

priority over the taking of fish and 

wildlife on such lands for other 

purposes, unless restriction is necessary 

to conserve healthy fish and wildlife 

populations. A Section 810 analysis was 

completed as part of the FEIS process. 

The final Section 810 analysis 

determination appeared in the April 6, 

1992, ROD, which concluded that the 

Federal Subsistence Management 

Program may have some local impacts 

on subsistence uses, but the program is 

not likely to significantly restrict 

subsistence uses. 

Paperwork Reduction Act 

The information collection 

requirements contained in this rule have 

been approved by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) and assigned 

OMB control number 1018–0075, which 

expires October 31, 2009. We may not 

conduct or sponsor, and you are not 

required to respond to, a collection of 

information request unless it displays a 

currently valid OMB control number. 

Other Requirements 

Regulatory Planning and Review 

(Executive Order 12866)—In accordance 

with the criteria in Executive Order 

12866, this rule is not a significant 

regulatory action subject to OMB 

review. OMB makes this determination. 

This action will not have an annual 

economic effect of $100 million or 

adversely affect any economic sector, 

productivity, competition, jobs, the 

environment, or other units of 

government. Therefore, a cost-benefit 

and economic analysis is not required. 

This action will not create 

inconsistencies with other agencies’

actions or otherwise interfere with an 

action taken or planned by another 

agency. This action will not materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. This 

action will not raise novel legal or 

policy issues. 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires 

preparation of flexibility analyses for 

rules that will have a significant 

economic effect on a substantial number 

of small entities, which include small 

businesses, organizations, or 

governmental jurisdictions. The 

Departments have determined that this 

rulemaking will not have a significant 

economic effect on a substantial number 

of small entities within the meaning of 

the Regulatory Flexibility Act. 

This rulemaking will impose no 

significant costs on small entities; the 

exact number of businesses and the 

amount of trade that will result from 

this Federal land-related activity is 

unknown. The aggregate effect is an 

insignificant positive economic effect on 

a number of small entities, such as 

tackle, boat, and gasoline dealers. The 

number of small entities affected is 

unknown; however, the fact that the 

positive effects will be seasonal in 

nature and will, in most cases, merely 

continue preexisting uses of public 

lands indicates that the effects will not 

be significant. 

In general, the resources harvested 

under this rule will be consumed by the 

local harvester and do not result in a 

dollar benefit to the economy. However, 

we estimate that about 26.2 million 

pounds of fish (including about 9 

million pounds of salmon) are harvested 

by the local subsistence users annually 

and, if based on a replacement value of 

$3.00 per pound, would equate to $78.6 

million in food value Statewide. 

Title VIII of ANILCA requires the 

Secretaries to administer a subsistence 


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preference on public lands. The scope of 

this program is limited by definition to 

certain public lands. Likewise, these 

regulations have no potential takings of 

private property implications as defined 

by Executive Order 12630. 

The Service has determined and 

certifies pursuant to the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502 et 

seq., that this rulemaking will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. The 

implementation of this rule is by 

Federal agencies, and no cost is 

involved to any State or local entities or 

Tribal governments. 

The Service has determined that these 

final regulations meet the applicable 

standards provided in Sections 3(a) and 

3(b)(2) of Executive Order 12988 (Civil 

Justice Reform). 

In accordance with Executive Order 

13132, the rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

Title VIII of ANILCA precludes the State 

from exercising management authority 

over wildlife resources on Federal 

lands. 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), 512 DM 2, 

and E.O. 13175, we have evaluated 

possible effects on Federally recognized 

Indian tribes and have determined that 

there are no significant direct effects. 

The Bureau of Indian Affairs is a 

participating agency in this rulemaking. 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, or use. This Executive 

Order requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. As this rule 

is not a significant regulatory action 

under Executive Order 13211, affecting 

energy supply, distribution, or use, this 

action is not a significant action and no 

Statement of Energy Effects is required. 

Drafting Information 

William Knauer drafted these 

regulations under the guidance of Peter 

J. Probasco, of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Chuck Ardizzone, 

Alaska State Office, Bureau of Land 

Management; Jerry Berg, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; Nancy Swanton, Alaska 

Regional Office, National Park Service; 

Dr. Glenn Chen, Alaska Regional Office, 

Bureau of Indian Affairs; and Steve 

Kessler, USDA—Forest Service, 

provided additional guidance. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

■ 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, §§ ll.24(a)(2) and (3) 

are revised to read as follows: 

§ll.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 Area, waters 

draining into Norton Sound between Point 

Romanof and Canal Point.

All fish ................................................. Residents of Stebbins, St. Michael, and Kotlik. 

Norton Sound—Port Clarence Area, remainder All fish ................................................. Residents of the Norton Sound—Port Clarence 

Area. 

Yukon—Northern Area: 

Yukon River drainage ........................................ Salmon, other than fall chum salmon Residents of the Yukon River drainage and the 

community of Stebbins. 

Yukon River drainage ........................................ Fall chum salmon ............................... Residents of the Yukon River drainage and the 

communities of Stebbins, Scammon Bay, Hooper Bay, and Chevak. 

Yukon River drainage ........................................ Freshwater fish (other than salmon) .. Residents of the Yukon—Northern Area. 

Remainder of the Yukon—Northern Area ......... All fish ................................................. Residents of the Yukon—Northern Area, excluding 

the residents of the Yukon River drainage and 

excluding those domiciled in Unit 26B. 

Tanana River drainage contained within the 

Tetlin NWR and the Wrangell-St. Elias NPP.

Freshwater fish (other than salmon) .. Residents of the Yukon—Northern Area and residents of Mentasta Lake, Chistochina, Slana, 

and all residents living between Mentasta Lake 

and Chistochina. 

Kuskokwim Area ....................................................... Salmon ................................................ Residents of the Kuskokwim Area, except those 

persons residing on the United States military 

installations located on Cape Newenham, 

Sparrevohn USAFB, and Tatalina USAFB. 


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Area Species Determination 

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

Aniak, Atmautluak, Bethel, Chuathbaluk, Crooked Creek, Eek, Goodnews Bay, Kasigluk, 

Kwethluk, Lower Kalskag, Napakiak, Napaskiak, 

Nunapitchuk, Oscarville, Platinum, Quinhagak, 

Tuluksak, Tuntutuliak, and Upper Kalskag. 

Pacific cod .......................................... Residents of the communities of Chevak, Newtok, 

Tununak, Toksook Bay, Nightmute, Chefornak, 

Kipnuk, Mekoryuk, Kwigillingok, Kongiganak, 

Eek, and Tuntutuliak. 

All other fish other than herring .......... Residents of the Kuskokwim Area, except those 

persons residing on the United States military 

installation located on Cape Newenham, 

Sparrevohn USAFB, and Tatalina USAFB. 

Waters around Nunivak Island .......................... Herring and herring roe ...................... Residents within 20 miles of the coast between 

the westernmost tip of the Naskonat Peninsula 

and the terminus of the Ishowik River and on 

Nunivak Island. 

Bristol Bay Area: 

Nushagak District, including drainages flowing 

into the district.

Salmon and freshwater fish ................ Residents of the Nushagak District and freshwater 

drainages flowing into the district. 

Naknek-Kvichak District—Naknek River drainage.Salmon and freshwater fish ................ Residents of the Naknek and Kvichak River drainages. 

Naknek-Kvichak District—Kvichak/Iliamna-Lake 

Clark drainage.

Salmon and freshwater fish ................ Residents of the Kvichak/Iliamna-Lake Clark drainage. 

Togiak District, including drainages flowing into 

the district.

Salmon and freshwater fish ................ Residents of the Togiak District, freshwater drainages flowing into the district, and the community 

of Manokotak. 

Egegik District, including drainages flowing into 

the district.

Salmon and freshwater fish ................ Residents of South Naknek, the Egegik District 

and freshwater drainages flowing into the district. 

Ugashik District, including drainages flowing 

into the district.

Salmon and freshwater fish ................ Residents of the Ugashik District and freshwater 

drainages flowing into the district. 

Togiak District .................................................... Herring spawn on kelp ........................ Residents of the Togiak District and freshwater 

drainages flowing into the district. 

Aleutian Islands Area ............................................... All fish ................................................. Residents of the Aleutian Islands Area and the 

Pribilof Islands. 

Alaska Peninsula Area ............................................. Halibut ................................................. Residents of the Alaska Peninsula Area and the 

communities of Ivanof Bay and Perryville. 

All other fish in the Alaska Peninsula 

Area.

Residents of the Alaska Peninsula Area. 

Chignik Area ............................................................. Halibut, salmon and fish other than 

rainbow/steelhead trout.

Residents of the Chignik Area. 

Kodiak Area—except the Mainland District, all waters along the south side of the Alaska Peninsula 

bounded by the latitude of Cape Douglas 

(58°51.10′ North latitude) mid-stream Shelikof 

Strait, north and east of the longitude of the 

southern entrance of Imuya Bay near Kilokak 

Rocks (57°10.34′ North latitude, 156°20.22′ West 

longitude).

Salmon ................................................ Residents of the Kodiak Island Borough, except 

those residing on the Kodiak Coast Guard Base. 

Kodiak Area ....................................................... Fish other than rainbow/steelhead 

trout and salmon.

Residents of the Kodiak Area. 

Cook Inlet Area: 

Kenai Peninsula District—Waters north of and 

includng the Kenai River drainage within the 

Kenai National Wildlife Refuge an the Chugach National Forest.

All fish ................................................. Residents of the communities of Hope, Cooper 

Landing, and Ninilchik. 

Waters within the Kasilof River drainage within 

the Kenai NWR.

All fish ................................................. Residents of the community of Ninilchik. 

Waters within Lake Clark National Park draining into and including that portion of Tuxedni 

Bay within the park.

Salmon ................................................ Residents of the Tuxedni Bay area. 

Cook Inlet Area—Remainder ............................ Fish other than salmon, Dolly Varden, 

trout, char, grayling, and burbot.

Residents of the Cook Inlet Area. 

Prince William Sound Area: 

Southwestern District and Green Island ........... Salmon ................................................ Residents of the Southwestern District, which is 

mainland waters from the outer point on the 

north shore of Granite Bay to Cape Fairfield, 

and Knight Island, Chenega Island, Bainbridge 

Island, Evans Island, Elrington Island, Latouche 

Island and adjacent islands. 


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Area Species Determination 

North of a line from Porcupine Point to Granite 

Point, and south of a line from Point Lowe to 

Tongue Point.

Salmon ................................................ Residents of the villages of Tatitlek and Ellamar. 

Copper River drainage upstream from Haley 

Creek.

Freshwater fish ................................... Residents of Cantwell, Chisana, Chistochina, 

Chitina, Copper Center, Dot Lake, Gakona, 

Gakona Junction, Glennallen, Gulkana, Healy 

Lake, Kenny Lake, Lower Tonsina, McCarthy, 

Mentasta Lake, Nabesna, Northway, Slana, 

Tanacross, Tazlina, Tetlin, Tok, Tonsina, and 

those individuals that live along the Tok Cutoff 

from Tok to Mentasta Pass, and along the 

Nabesna Road. 

Gulkana National Wild and Scenic River .......... Freshwater fish ................................... Residents of Cantwell, Chisana, Chistochina, 

Chitina, Copper Center, Dot Lake, Gakona, 

Gakona Junction, Glennallen, Gulkana, Healy 

Lake, Kenny Lake, Lower Tonsina, McCarthy, 

Mentasta Lake, Nabesna, Northway, PaxsonSourdough, Slana, Tanacross, Tazlina, Tetlin, 

Tok, Tonsina, and those individuals that live 

along the Tok Cutoff from Tok to Mentasta 

Pass, and along the Nabesna Road. 

Waters of the Prince William Sound Area, except for the Copper River drainage upstream 

of Haley Creek.

Freshwater fish (trout, char, whitefish, 

suckers, grayling, and burbot).

Residents of the Prince William Sound Area, except those living in the Copper River drainage 

upstream of Haley Creek. 

Chitina Subdistrict of the Upper Copper River 

District.

Salmon ................................................ Residents of Cantwell, Chickaloon, Chisana, 

Christochina, Chitina, Copper Center, Dot Lake, 

Gakona, Gakona Junction, Glennallen, Gulkana, 

Healy Lake, Kenny Lake, Lower Tonsina, 

McCarthy, Mentasta Lake, Nabesna, Northway, 

Paxson-Sourdough, Slana, Tanacross, Tazlina, 

Tetlin, Tok, Tonsina, and those individuals that 

live along the Tok Cutoff from Tok to Mentasta 

Pass, and along the Nabesna Road. 

Glennallen Subdistrict of the Upper Copper 

River District.

Salmon ................................................ Residents of the Prince William Sound Area and 

residents of Cantwell, Chickaloon, Chisana, Dot 

Lake, Healy Lake, Northway, Tanacross, Tetlin, 

Tok, and those individuals living along the Alaska Highway from the Alaskan/Canadian border 

to Dot Lake, along the Tok Cutoff from Tok to 

Mentasta Pass, and along the Nabesna Road. 

Waters of the Copper River 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.

Salmon ................................................ Residents of Mentasta Lake and Dot Lake. 

Remainder of the Prince William Sound Area .. Salmon ................................................ Residents of the Prince William Sound Area. 

Waters of the Bering River area from Point 

Martin to Cape Suckling.

Eulachon ............................................. Residents of Cordova. 

Waters of the Copper River Delta from the 

Eyak River to Point Martin.

Eulachon ............................................. Residents of Cordova, Chenega Bay, and Tatitlek. 

Yakutat Area: 

Fresh water upstream from the terminus of 

streams and rivers of the Yakutat Area from 

the Doame River to the Tsiu River.

Salmon ................................................ Residents of the area east of Yakutat Bay, including the islands within Yakutat Bay, west of the 

Situk River drainage, and south of and including 

Knight Island. 

Fresh water upstream from the terminus of 

streams and rivers of the Yakutat Area from 

the Doame River to Point Manby.

Dolly Varden, steelhead trout, and 

smelt.

Residents of the area east of Yakutat Bay, including the islands within Yakutat Bay, west of the 

Situk River drainage, and south of and including 

Knight Island. 

Remainder of the Yakutat Area ........................ Dolly Varden, trout, smelt, and 

eulachon.

Residents of Southeastern Alaska and Yakutat 

Areas. 

Southeastern Alaska Area: 

District 1—Section 1E in waters of the Naha 

River and Roosevelt Lagoon.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City of Saxman. 

District 1—Section 1F in Boca de Quadra in 

waters of Sockeye Creek and Hugh Smith 

Lake within 500 yards of the terminus of 

Sockeye Creek.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City of Saxman. 

Districts 2, 3, and 5 and waters draining into 

those Districts.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents living south of Sumner Strait and west 

of Clarence Strait and Kashevaroff Passage. 


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Area Species Determination 

District 5—North of a line from Point Barrie to 

Boulder Point.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City of Kake and in Kupreanof Island drainages emptying into Keku Strait south 

of Point White and north of the Portage Bay 

boat harbor. 

District 6 and waters draining into that District Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the living south of Sumner Strait and 

west of Clarence Strait and Kashevaroff Passage; residents of drainages flowing into District 

6 north of the latitude of Point Alexander (Mitkof 

Island); residents of drainages flowing into Districts 7 & 8, including the communities of Petersburg & Wrangell; and residents of the communities of Meyers Chuck and Kake. 

District 7 and waters draining into that District Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of drainages flowing into District 6 north 

of the latitude of Point Alexander (Mitkof Island); 

residents of drainages flowing into Districts 7 & 

8, including the communities of Petersburg & 

Wrangell; and residents of the communities of 

Meyers Chuck and Kake. 

District 8 and waters draining into that District Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of drainages flowing into Districts 7 & 8, 

residents of drainages flowing into District 6 

north of the latitude of Point Alexander (Mitkof 

Island), and residents of Meyers Chuck. 

District 9—Section 9A ....................................... Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City of Kake and in Kupreanof Island drainages emptying into Keku Strait south 

of Point White and north of Portage Bay boat 

harbor. 

District 9—Section 9B north of the latitude of 

Swain Point.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City of Kake and in Kupreanof Island drainages emptying into Keku Strait south 

of Point White and north of the Portage Bay 

boat harbor. 

District 10—West of a line from Pinta Point to 

False Point Pybus.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City of Kake and in Kupreanof Island drainages emptying into Keku Strait south 

of Point White and north of the Portage Bay 

boat harbor. 

District 12—South of a line from Fishery Point 

to south Passage Point and north of the latitude of Point Caution.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City of Angoon and along the 

western shore of Admiralty Island north of the 

latitude of Sand Island, south of the latitude of 

Thayer Creek, and west of 134°30′ West longitude, including Killisnoo Island. 

District 12—Section 12A, excluding the area 

south of a line from Fishery Point to South 

Passage Point Section 12B.

All fish ................................................. Residents of drainages flowing into Districts 12 

and 14. 

District 13—Section 13A, south of the latitude 

of Cape Edward.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City and Borough of Sitka in 

drainages that empty into Section 13B north of 

the latitude of Dorothy Narrows. 

District 13—Section 13A, excluding the area 

south of the latitude of Cape Edward.

All fish ................................................. Residents of drainages flowing into Sections 13A, 

13B, and District 14. 

District 13—Section 13B north of the latitude of 

Redfish Cape.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City and Borough of Sitka in 

drainages that empty into Section 13B north of 

the latitude of Dorothy Narrows. 

District 13—Section 13C ................................... Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City and Borough of Sitka in 

drainages that empty into Section 13B north of 

the latitude of Dorothy Narrows. 

District 13—Section 13C east of the longitude 

of Point Elizabeth.

Salmon, Dolly Varden, trout, smelt, 

and eulachon.

Residents of the City of Angoon and along the 

western shore of Admiralty Island north of the 

latitude of Sand Island, south of the latitude of 

Thayer Creek, and west of 134°30′ West longitude, including Killisnoo Island. 

District 14 .......................................................... All fish ................................................. Residents of drainages flowing into Sections 12A, 

13A, and District 14. 

Remainder of the Southeastern Alaska Area ... Dolly Varden, trout, smelt, and 

eulachon.

Residents of Southeastern Alaska and Yakutat 

Areas. 

(3) Shellfish determinations. The 

following communities and areas have 

been found to have a positive customary 

and traditional use determination in the 

listed area for the indicated species: 

Area Species Determination 

Bering Sea Area ....................................................... All shellfish .......................................... Residents of the Bering Sea Area. 


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Area Species Determination 

Alaska Peninsula-Aleutian Islands Area .................. Shrimp Dungeness, and Tanner crab Residents of the Alaska Peninsula-Aleutian Islands Area. 

Kodiak Area .............................................................. Shrimp, Dungeness, and Tanner crab Residents of the Kodiak Area. 

Kodiak Area, except for the Semidi Island, the 

North Mainland, and the South Mainland 

Sections.

King crab ............................................ Residents of the Kodiak Island Borough, except 

those residents on the Kodiak Coast Guard 

base. 

Cook Inlet Area: 

Federal waters in the Tuxedni Bay Area within 

the boundaries of Lake Clark National Park.

Shellfish .............................................. Residents of Tuxedni Bay, Chisik Island, and 

Tyonek. 

Prince William Sound Area ...................................... Shrimp, clams, Dungeness, king, and 

Tanner crab.

Residents of the Prince William Sound Area. 

Southeastern Alaska—Yakutat Area: 

Section 1E south of the latitude of Grant Island 

light.

Shellfish, except shrimp, king crab, 

and Tanner crab..

Residents of the Southeast Area. 

Section 1F north of the latitude of the northernmost tip of Mary Island, except waters of 

Boca de Quadra.

Shellfish, except shrimp, king crab, 

and Tanner crab.

Residents of the Southeast Area. 

Section 3A and 3B ............................................ Shellfish, except shrimp, king crab, 

and Tanner crab.

Residents of the Southeast Area. 

District 13 .......................................................... Dungeness crab, shrimp, abalone, 

sea cucumbers, gum boots, cockles, and clams, except geoducks.

Residents of the Southeast Area. 

* * * * * 

Subpart D—Subsistance Taking of 

Fish and Wildlife 

■ 3. In Subpart D of 36 CFR part 242 and 

50 CFR part 100, §§ ll.27 and ll.28 

are added effective April 1, 2007, 

through March 31, 2008, to read as 

follows: 

§ll.27 Subsistence taking of fish. 

(a) Applicability. (1) Regulations in 

this section apply to the taking of fish 

or their parts for subsistence uses. 

(2) You may take fish for subsistence 

uses at any time by any method unless 

you are restricted by the subsistence 

fishing regulations found in this section. 

The harvest limit specified in this 

section for a subsistence season for a 

species and the State harvest limit set 

for a State season for the same species 

are not cumulative, except as modified 

by regulations in § ll.27(i). This 

means that if you have taken the harvest 

limit for a particular species under a 

subsistence season specified in this 

section, you may not, after that, take any 

additional fish of that species under any 

other harvest limit specified for a State 

season. 

(b) [Reserved]. 

(c) Methods, means, and general 

restrictions. (1) Unless otherwise 

specified in this section or under terms 

of a required subsistence fishing permit 

(as may be modified by this section), 

you may use the following legal types of 

gear for subsistence fishing: 

(i) A set gillnet; 

(ii) A drift gillnet; 

(iii) A purse seine; 

(iv) A hand purse seine; 

(v) A beach seine; 

(vi) Troll gear; 

(vii) A fish wheel; 

(viii) A trawl; 

(ix) A pot; 

(x) A longline; 

(xi) A fyke net; 

(xii) A lead; 

(xiii) A herring pound; 

(xiv) A dip net; 

(xv) Jigging gear; 

(xvi) A mechanical jigging machine; 

(xvii) A handline; 

(xviii) A cast net; 

(xix) A rod and reel; and 

(xx) A spear. 

(2) You must include an escape 

mechanism on all pots used to take fish 

or shellfish. The escape mechanisms are 

as follows: 

(i) A sidewall, which may include the 

tunnel, of all shellfish and bottomfish 

pots must contain an opening equal to 

or exceeding 18 inches in length, except 

that in shrimp pots the opening must be 

a minimum of 6 inches in length. The 

opening must be laced, sewn, or secured 

together by a single length of untreated, 

100 percent cotton twine, no larger than 

30 thread. The cotton twine may be 

knotted at each end only. The opening 

must be within 6 inches of the bottom 

of the pot and must be parallel with it. 

The cotton twine may not be tied or 

looped around the web bars. Dungeness 

crab pots may have the pot lid tie-down 

straps secured to the pot at one end by 

a single loop of untreated, 100 percent 

cotton twine no larger than 60 thread, or 

the pot lid must be secured so that, 

when the twine degrades, the lid will no 

longer be securely closed; 

(ii) All king crab, Tanner crab, 

shrimp, miscellaneous shellfish and 

bottomfish pots may, instead of 

complying with paragraph (c)(2)(i) of 

this section, satisfy the following: a 

sidewall, which may include the tunnel, 

must contain an opening at least 18 

inches in length, except that shrimp 

pots must contain an opening at least 6 

inches in length. The opening must be 

laced, sewn, or secured together by a 

single length of treated or untreated 

twine, no larger than 36 thread. A 

galvanic timed-release device, designed 

to release in no more than 30 days in 

saltwater, must be integral to the length 

of twine so that, when the device 

releases, the twine will no longer secure 

or obstruct the opening of the pot. The 

twine may be knotted only at each end 

and at the attachment points on the 

galvanic timed-release device. The 

opening must be within 6 inches of the 

bottom of the pot and must be parallel 

with it. The twine may not be tied or 

looped around the web bars. 

(3) For subsistence fishing for salmon, 

you may not use a gillnet exceeding 50 

fathoms in length, unless otherwise 

specified in this section. The gillnet web 

must contain at least 30 filaments of 

equal diameter or at least 6 filaments, 

each of which must be at least 0.20 

millimeter in diameter. 

(4) Except as otherwise provided for 

in this section, you may not obstruct 

more than one-half the width of any 

stream with any gear used to take fish 

for subsistence uses. 

(5) You may not use live 

nonindigenous fish as bait. 

(6) You must have your first initial, 

last name, and address plainly and 

legibly inscribed on the side of your fish 

wheel facing midstream of the river. 

(7) You may use kegs or buoys of any 

color but red on any permitted gear, 

except in the following areas where kegs 


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or buoys of any color, including red, 

may be used: 

(i) Yukon-Northern Area; and 

(ii) Kuskokwim Area. 

(8) You must have your first initial, 

last name, and address plainly and 

legibly inscribed on each keg, buoy, 

stakes attached to gillnets, stakes 

identifying gear fished under the ice, 

and any other unattended fishing gear 

which you use to take fish for 

subsistence uses. 

(9) You may not use explosives or 

chemicals to take fish for subsistence 

uses. 

(10) You may not take fish for 

subsistence uses within 300 feet of any 

dam, fish ladder, weir, culvert or other 

artificial obstruction, unless otherwise 

indicated. 

(11) Transactions between rural 

residents. Rural residents may exchange 

in customary trade subsistenceharvested fish, their parts, or their eggs, 

legally taken under the regulations in 

this part, for cash from other rural 

residents. The Board may recognize 

regional differences and define 

customary trade differently for separate 

regions of the State. 

(i) Bristol Bay Fishery Management 

Area—The total cash value per 

household of salmon taken within 

Federal jurisdiction in the Bristol Bay 

Fishery Management Area and 

exchanged in customary trade to rural 

residents may not exceed $500.00 

annually. 

(ii) Upper Copper River District—The 

total number of salmon per household 

taken within the Upper Copper River 

District and exchanged in customary 

trade to rural residents may not exceed 

50% of the annual harvest of salmon by 

the household. No more than 50% of the 

annual household limit may be sold 

under paragraphs ll.27(c)(11) and 

(12) when taken together. These 

customary trade sales must be 

immediately recorded on a customary 

trade recordkeeping form. The recording 

requirement and the responsibility to 

ensure the household limit is not 

exceeded rests with the seller. 

(12) Transactions between a rural 

resident and others. In customary trade, 

a rural resident may trade fish, their 

parts, or their eggs, legally taken under 

the regulations in this part, for cash 

from individuals other than rural 

residents if the individual who 

purchases the fish, their parts, or their 

eggs uses them for personal or family 

consumption. If you are not a rural 

resident, you may not sell fish, their 

parts, or their eggs taken under the 

regulations in this part. The Board may 

recognize regional differences and 

define customary trade differently for 

separate regions of the State. 

(i) Bristol Bay Fishery Management 

Area—The total cash value per 

household of salmon taken within 

Federal jurisdiction in the Bristol Bay 

Fishery Management Area and 

exchanged in customary trade between 

rural residents and individuals other 

than rural residents may not exceed 

$400.00 annually. These customary 

trade sales must be immediately 

recorded on a customary trade 

recordkeeping form. The recording 

requirement and the responsibility to 

ensure the household limit is not 

exceeded rest with the seller. 

(ii) Upper Copper River District—The 

total cash value of salmon per 

household taken within the Upper 

Copper River District and exchanged in 

customary trade between rural residents 

and individuals other than rural 

residents may not exceed $500.00 

annually. No more than 50% of the 

annual household limit may be sold 

under paragraphs ll.27(c)(11) and 

(12) when taken together. These 

customary trade sales must be 

immediately recorded on a customary 

trade recordkeeping form. The recording 

requirement and the responsibility to 

ensure the household limit is not 

exceeded rest with the seller. 

(13) No sale to, nor purchase by, 

fisheries businesses. 

(i) You may not sell fish, their parts, 

or their eggs taken under the regulations 

in this part to any individual, business, 

or organization required to be licensed 

as a fisheries business under Alaska 

Statute AS 43.75.011 (commercial 

limited-entry permit or crew license 

holders excluded) or to any other 

business as defined under Alaska 

Statute 43.70.110(1) as part of its 

business transactions. 

(ii) If you are required to be licensed 

as a fisheries business under Alaska 

Statute AS 43.75.011 (commercial 

limited-entry permit or crew license 

holders excluded) or are a business as 

defined under Alaska Statute 

43.70.110(1), you may not purchase, 

receive, or sell fish, their parts, or their 

eggs taken under the regulations in this 

part as part of your business 

transactions. 

(14) Except as provided elsewhere in 

this section, you may not take rainbow/ 

steelhead trout. 

(15) You may not use fish taken for 

subsistence use or under subsistence 

regulations in this part as bait for 

commercial or sport fishing purposes. 

(16) [Reserved]. 

(17) Unless specified otherwise in this 

section, you may use a rod and reel to 

take fish without a subsistence fishing 

permit. Harvest limits applicable to the 

use of a rod and reel to take fish for 

subsistence uses shall be as follows: 

(i) If you are required to obtain a 

subsistence fishing permit for an area, 

that permit is required to take fish for 

subsistence uses with rod and reel in 

that area. The harvest and possession 

limits for taking fish with a rod and reel 

in those areas are the same as indicated 

on the permit issued for subsistence 

fishing with other gear types; 

(ii) Except as otherwise provided for 

in this section, if you are not required 

to obtain a subsistence fishing permit 

for an area, the harvest and possession 

limits for taking fish for subsistence 

uses with a rod and reel are the same 

as for taking fish under State of Alaska 

subsistence fishing regulations in those 

same areas. If the State does not have a 

specific subsistence season and/or 

harvest limit for that particular species, 

the limit shall be the same as for taking 

fish under State of Alaska sport fishing 

regulations. 

(18) Unless restricted in this section, 

or unless restricted under the terms of 

a subsistence fishing permit, you may 

take fish for subsistence uses at any 

time. 

(19) Provisions on ADF&G subsistence 

fishing permits that are more restrictive 

or in conflict with the provisions 

contained in this section do not apply 

to Federal subsistence users. 

(20) You may not intentionally waste 

or destroy any subsistence-caught fish 

or shellfish; however, you may use for 

bait or other purposes, whitefish, 

herring, and species for which harvest 

limits, seasons, or other regulatory 

methods and means are not provided in 

this section, as well as the head, tail, 

fins, and viscera of legally taken 

subsistence fish. 

(21) The taking of fish from waters 

within Federal jurisdiction is authorized 

outside of published open seasons or 

harvest limits if the harvested fish will 

be used for food in traditional or 

religious ceremonies that are part of 

funerary or mortuary cycles, including 

memorial potlatches, provided that: 

(i) Prior to attempting to take fish, the 

person (or designee) or Tribal 

Government organizing the ceremony 

contacts the appropriate Federal 

fisheries manager to provide the nature 

of the ceremony, the parties and/or 

clans involved, the species and the 

number of fish to be taken, and the 

Federal waters from which the harvest 

will occur; 

(ii) The taking does not violate 

recognized principles of fisheries 

conservation, and uses the methods and 

means allowable for the particular 

species published in the applicable 


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Federal regulations (the Federal 

fisheries manager will establish the 

number, species, or place of taking if 

necessary for conservation purposes); 

(iii) Each person who takes fish under 

this section must, as soon as practical, 

and not more than 15 days after the 

harvest, submit a written report to the 

appropriate Federal fisheries manager, 

specifying the harvester’s name and 

address, the number and species of fish 

taken, and the date and locations of the 

taking; and 

(iv) No permit is required for taking 

under this section; however, the 

harvester must be eligible to harvest the 

resource under Federal regulations. 

(d) [Reserved]. 

(e) Fishing permits and reports. (1) 

You may take salmon only under the 

authority of a subsistence fishing 

permit, unless a permit is specifically 

not required in a particular area by the 

subsistence regulations in this part, or 

unless you are retaining salmon from 

your commercial catch consistent with 

paragraph (f) of this section. 

(2) The U.S. Fish and Wildlife Service 

Office of Subsistence Management may 

issue a permit to harvest fish for a 

qualifying cultural/educational program 

to an organization that has been granted 

a Federal subsistence permit for a 

similar event within the previous 5 

years. A qualifying program must have 

instructors, enrolled students, minimum 

attendance requirements, and standards 

for successful completion of the course. 

Applications must be submitted to the 

Office of Subsistence Management 60 

days prior to the earliest desired date of 

harvest. Permits will be issued for no 

more than 25 fish per culture/education 

camp. Appeal of a rejected request can 

be made to the Federal Subsistence 

Board. Application for an initial permit 

for a qualifying cultural/educational 

program, for a permit when the 

circumstances have changed 

significantly, when no permit has been 

issued within the previous 5 years, or 

when there is a request for harvest in 

excess of that provided in this 

paragraph (e)(2), will be considered by 

the Federal Subsistence Board. 

(3) If a subsistence fishing permit is 

required by this section, the following 

permit conditions apply unless 

otherwise specified in this section: 

(i) You may not take more fish for 

subsistence use than the limits set out 

in the permit; 

(ii) You must obtain the permit prior 

to fishing; 

(iii) You must have the permit in your 

possession and readily available for 

inspection while fishing or transporting 

subsistence-taken fish; 

(iv) If specified on the permit, you 

must record, prior to leaving the harvest 

site, daily records of the catch, showing 

the number of fish taken by species, 

location and date of catch, and other 

such information as may be required for 

management or conservation purposes; 

and 

(v) If the return of catch information 

necessary for management and 

conservation purposes is required by a 

fishing permit and you fail to comply 

with such reporting requirements, you 

are ineligible to receive a subsistence 

permit for that activity during the 

following calendar year, unless you 

demonstrate that failure to report was 

due to loss in the mail, accident, 

sickness, or other unavoidable 

circumstances. You must also return 

any tags or transmitters that have been 

attached to fish for management and 

conservation purposes. 

(f) Relation to commercial fishing 

activities. (1) If you are a Federallyqualified subsistence user who also 

commercial fishes, you may retain fish 

for subsistence purposes from your 

lawfully-taken commercial catch. 

(2) When participating in a 

commercial and subsistence fishery at 

the same time, you may not use an 

amount of combined fishing gear in 

excess of that allowed under the 

appropriate commercial fishing 

regulations. 

(g) You may not possess, transport, 

give, receive, or barter subsistence-taken 

fish or their parts which have been 

taken contrary to Federal law or 

regulation or State law or regulation 

(unless superseded by regulations in 

this part). 

(h) [Reserved] 

(i) Fishery management area 

restrictions. (1) Kotzebue Area. The 

Kotzebue Area includes all waters of 

Alaska between the latitude of the 

westernmost tip of Point Hope and the 

latitude of the westernmost tip of Cape 

Prince of Wales, including those waters 

draining into the Chukchi Sea. 

(i) You may take fish for subsistence 

purposes without a permit. 

(ii) You may take salmon only by 

gillnets, beach seines, or a rod and reel. 

(iii) In the Kotzebue District, you may 

take sheefish with gillnets that are not 

more than 50 fathoms in length, nor 

more than 12 meshes in depth, nor have 

a stretched-mesh size larger than 7 

inches. 

(iv) You may not obstruct more than 

one-half the width of a stream, creek, or 

slough with any gear used to take fish 

for subsistence uses, except from May 

15 to July 15 and August 15 to October 

31 when taking whitefish or pike in 

streams, creeks, or sloughs within the 

Kobuk River drainage and from May 15 

to October 31 in the Selawik River 

drainage. Only one gillnet 100 feet or 

less in length with a stretched-mesh size 

from 21⁄2 to 41⁄2 inches may be used per 

site. You must check your net at least 

once in every 24-hour period. 

(2) Norton Sound-Port Clarence Area. 

The Norton Sound-Port Clarence Area 

includes all waters of Alaska between 

the latitude of the westernmost tip of 

Cape Prince of Wales and the latitude of 

Point Romanof, including those waters 

of Alaska surrounding St. Lawrence 

Island and those waters draining into 

the Bering Sea. 

(i) Unless otherwise restricted in this 

section, you may take fish at any time 

in the Port Clarence District. 

(ii) In the Norton Sound District, you 

may take fish at any time except as 

follows: 

(A) In Subdistricts 2 through 6, if you 

are a commercial fishermen, you may 

not fish for subsistence purposes during 

the weekly closures of the State 

commercial salmon fishing season, 

except that from July 15 through August 

1, you may take salmon for subsistence 

purposes 7 days per week in the 

Unalakleet and Shaktoolik River 

drainages with gillnets which have a 

stretched-mesh size that does not 

exceed 41⁄2 inches, and with beach 

seines; 

(B) In the Unalakleet River from June 

1 through July 15, you may take salmon 

only from 8 a.m. Monday until 8 p.m. 

Saturday. 

(iii) You may take salmon only by 

gillnets, beach seines, fish wheel, or a 

rod and reel. 

(iv) You may take fish other than 

salmon by set gillnet, drift gillnet, beach 

seine, fish wheel, pot, long line, fyke 

net, jigging gear, spear, lead, or a rod 

and reel. 

(v) In the Unalakleet River from June 

1 through July 15, you may not operate 

more than 25 fathoms of gillnet in the 

aggregate nor may you operate an 

unanchored gillnet. 

(vi) Only one subsistence fishing 

permit will be issued to each household 

per year. 

(3) Yukon-Northern Area. The YukonNorthern 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° West longitude, including 

those waters draining into the Arctic 

Ocean and the Chukchi Sea. 

(i) Unless otherwise restricted in this 

section, you may take fish in the YukonVerDate Aug<31>2005 15:25 Mar 15, 2007 Jkt 211001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\16MRR2.SGM 16MRR2

sroberts on PROD1PC70 with RULES
12686 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 

Northern Area at any time. You may 

subsistence fish for salmon with rod and 

reel in the Yukon River drainage 24 

hours per day, 7 days per week, unless 

rod and reel are specifically otherwise 

restricted in § ll.27(i)(3). 

(ii) For the Yukon River drainage, 

Federal subsistence fishing schedules, 

openings, closings, and fishing methods 

are the same as those issued for the 

subsistence taking of fish under Alaska 

Statutes (AS 16.05.060), unless 

superseded by a Federal Special Action. 

(iii) In the following locations, you 

may take salmon during the open 

weekly fishing periods of the State 

commercial salmon fishing season and 

may not take them for 24 hours before 

the opening of the State commercial 

salmon fishing season: 

(A) In District 4, excluding the 

Koyukuk River drainage; 

(B) In Subdistricts 4B and 4C from 

June 15 through September 30, salmon 

may be taken from 6 p.m. Sunday until 

6 p.m. Tuesday and from 6 p.m. 

Wednesday until 6 p.m. Friday; 

(C) In District 6, excluding the 

Kantishna River drainage, salmon may 

be taken from 6 p.m. Friday until 6 p.m. 

Wednesday. 

(iv) During any State commercial 

salmon fishing season closure of greater 

than five days in duration, you may not 

take salmon during the following 

periods in the following districts: 

(A) In District 4, excluding the 

Koyukuk River drainage, salmon may 

not be taken from 6 p.m. Friday until 6 

p.m. Sunday; 

(B) In District 5, excluding the Tozitna 

River drainage and Subdistrict 5D, 

salmon may not be taken from 6 p.m. 

Sunday until 6 p.m. Tuesday. 

(v) Except as provided in this section, 

and except as may be provided by the 

terms of a subsistence fishing permit, 

you may take fish other than salmon at 

any time. 

(vi) In Districts 1, 2, 3, and Subdistrict 

4A, excluding the Koyukuk and Innoko 

River drainages, you may not take 

salmon for subsistence purposes during 

the 24 hours immediately before the 

opening of the State commercial salmon 

fishing season. 

(vii) In Districts 1, 2, and 3: 

(A) After the opening of the State 

commercial salmon fishing season 

through July 15, you may not take 

salmon for subsistence for 18 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period; 

(B) After July 15, you may not take 

salmon for subsistence for 12 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period. 

(viii) In Subdistrict 4A after the 

opening of the State commercial salmon 

fishing season, you may not take salmon 

for subsistence for 12 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period; however, you 

may take Chinook salmon during the 

State commercial fishing season, with 

drift gillnet gear only, from 6 p.m. 

Sunday until 6 p.m. Tuesday and from 

6 p.m. Wednesday until 6 p.m. Friday. 

(ix) You may not subsistence fish in 

the following drainages located north of 

the main Yukon River: 

(A) Kanuti River upstream from a 

point 5 miles downstream of the State 

highway crossing; 

(B) Bonanza Creek; 

(C) Jim River including Prospect and 

Douglas Creeks. 

(x) You may not subsistence fish in 

the Delta River. 

(xi) In Beaver Creek downstream from 

the confluence of Moose Creek, a gillnet 

with mesh size not to exceed 3-inches 

stretch-measure may be used from June 

15 through September 15. You may 

subsistence fish for all non-salmon 

species but may not target salmon 

during this time period (retention of 

salmon taken incidentally to nonsalmon directed fisheries is allowed). 

From the mouth of Nome Creek 

downstream to the confluence of Moose 

Creek, only rod and reel may be used. 

From the mouth of Nome Creek 

downstream to the confluence of 

O’Brien Creek, the daily harvest and 

possession limit is 5 grayling; from the 

mouth of O’Brien Creek downstream to 

the confluence of Moose Creek, the 

daily harvest and possession limit is 10 

grayling. The Nome Creek drainage of 

Beaver Creek is closed to subsistence 

fishing for grayling. 

(xii) You may not subsistence fish in 

the Toklat River drainage from August 

15 through May 15. 

(xiii) You may take salmon only by 

gillnet, beach seine, fish wheel, or rod 

and reel, subject to the restrictions set 

forth in this section. 

(xiv) In District 4, if you are a 

commercial fisherman, you may not 

take salmon for subsistence purposes 

during the State commercial salmon 

fishing season using gillnets with 

stretched-mesh larger than 6-inches 

after a date specified by ADF&G 

emergency order issued between July 10 

and July 31. 

(xv) In Districts 4, 5, and 6, you may 

not take salmon for subsistence 

purposes by drift gillnets, except as 

follows: 

(A) In Subdistrict 4A upstream from 

the mouth of Stink Creek, you may take 

Chinook salmon by drift gillnets less 

than 150 feet in length from June 10 

through July 14, and chum salmon by 

drift gillnets after August 2; 

(B) In Subdistrict 4A downstream 

from the mouth of Stink Creek, you may 

take Chinook salmon by drift gillnets 

less than 150 feet in length from June 10 

through July 14; 

(C) In the Yukon River mainstem, 

Subdistricts 4B and 4C with a Federal 

subsistence fishing permit, you may 

take Chinook salmon during the last 18- 

hour period of the weekly regulatory 

opening(s) by drift gillnets no more than 

150 feet long and no more than 35 

meshes deep, from June 10 through July 

14. 

(xvi) Unless otherwise specified in 

this section, you may take fish other 

than salmon and halibut by set gillnet, 

drift gillnet, beach seine, fish wheel, 

long line, fyke net, dip net, jigging gear, 

spear, lead, or rod and reel, subject to 

the following restrictions, which also 

apply to subsistence salmon fishing: 

(A) During the open weekly fishing 

periods of the State commercial salmon 

fishing season, if you are a commercial 

fisherman, you may not operate more 

than one type of gear at a time, for 

commercial, personal use, and 

subsistence purposes; 

(B) You may not use an aggregate 

length of set gillnet in excess of 150 

fathoms and each drift gillnet may not 

exceed 50 fathoms in length; 

(C) In Districts 4, 5, and 6, you may 

not set subsistence fishing gear within 

200 feet of other operating commercial 

use, personal use, or subsistence fishing 

gear except that, at the site 

approximately 1 mile upstream from 

Ruby on the south bank of the Yukon 

River between ADF&G regulatory 

markers containing the area known 

locally as the ‘‘Slide,’’ you may set 

subsistence fishing gear within 200 feet 

of other operating commercial or 

subsistence fishing gear, and in District 

4, from Old Paradise Village upstream to 

a point 4 miles upstream from Anvik, 

there is no minimum distance 

requirement between fish wheels; 

(D) During the State commercial 

salmon fishing season, within the 

Yukon River and the Tanana River 

below the confluence of the Wood 

River, you may use drift gillnets and 

fish wheels only during open 

subsistence salmon fishing periods; 

(E) In Birch Creek, gillnet mesh size 

may not exceed 3-inches stretchmeasure from June 15 through 

September 15. 

(xvii) In District 4, from September 21 

through May 15, you may use jigging 

gear from shore ice. 


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(xviii) You must possess a subsistence 

fishing permit for the following 

locations: 

(A) For the Yukon River drainage 

from the mouth of Hess Creek to the 

mouth of the Dall River; 

(B) For the Yukon River drainage from 

the upstream mouth of 22 Mile Slough 

to the U.S.-Canada border; 

(C) Only for salmon in the Tanana 

River drainage above the mouth of the 

Wood River. 

(xix) Only one subsistence fishing 

permit will be issued to each household 

per year. 

(xx) In Districts 1, 2, and 3, you may 

not possess Chinook salmon taken for 

subsistence purposes unless the dorsal 

fin has been removed immediately after 

landing. 

(xxi) In the Yukon River drainage, 

Chinook salmon must be used primarily 

for human consumption and may not be 

targeted for dog food. Dried Chinook 

salmon may not be used for dog food 

anywhere in the Yukon River drainage. 

Whole fish unfit for human 

consumption (due to disease, 

deterioration, deformities), scraps, and 

small fish (16 inches or less) may be fed 

to dogs. Also, whole Chinook salmon 

caught incidentally during a subsistence 

chum salmon fishery in the following 

time periods and locations may be fed 

to dogs: 

(A) After July 10 in the Koyukuk River 

drainage; 

(B) After August 10, in Subdistrict 5D, 

upstream of Circle City. 

(4) Kuskokwim Area. The Kuskokwim 

Area consists of all waters of Alaska 

between the latitude of the westernmost 

point of Naskonat Peninsula and the 

latitude of the southernmost tip of Cape 

Newenham, including the waters of 

Alaska surrounding Nunivak and St. 

Matthew Islands and those waters 

draining into the Bering Sea. 

(i) Unless otherwise restricted in this 

section, you may take fish in the 

Kuskokwim Area at any time without a 

subsistence fishing permit. 

(ii) For the Kuskokwim area, Federal 

subsistence fishing schedules, openings, 

closings, and fishing methods are the 

same as those issued for the subsistence 

taking of fish under Alaska Statutes (AS 

16.05.060), unless superseded by a 

Federal Special Action. 

(iii) In District 1, Kuskokuak Slough, 

from June 1 through July 31 only, you 

may not take salmon for 16 hours before 

and during each State open commercial 

salmon fishing period in the district. 

(iv) In Districts 4 and 5, from June 1 

through September 8, you may not take 

salmon for 16 hours before or during, 

and for 6 hours after each State open 

commercial salmon fishing period in 

each district. 

(v) In District 2, and anywhere in 

tributaries that flow into the 

Kuskokwim River within that district, 

from June 1 through September 8 you 

may not take salmon by net gear or fish 

wheel for 16 hours before or during, and 

for 6 hours after each open commercial 

salmon fishing period in the district. 

You may subsistence fish for salmon 

with rod and reel 24 hours per day, 7 

days per week, unless rod and reel are 

specifically restricted by paragraph (i)(4) 

of this section. 

(vi) You may not take subsistence fish 

by nets in the Goodnews River east of 

a line between ADF&G regulatory 

markers placed near the mouth of the 

Ufigag River and an ADF&G regulatory 

marker placed near the mouth of the 

Tunulik River 16 hours before or during, 

and for 6 hours after each State open 

commercial salmon fishing period. 

(vii) You may not take subsistence 

fish by nets in the Kanektok River 

upstream of ADF&G regulatory markers 

placed near the mouth 16 hours before 

or during, and for 6 hours after each 

State open commercial salmon fishing 

period. 

(viii) You may not take subsistence 

fish by nets in the Arolik River 

upstream of ADF&G regulatory markers 

placed near the mouth 16 hours before 

or during, and for 6 hours after each 

State open commercial salmon fishing 

period. 

(ix) You may only take salmon by 

gillnet, beach seine, fish wheel, or rod 

and reel subject to the restrictions set 

out in this section, except that you may 

also take salmon by spear in the 

Kanektok, and Arolik River drainages, 

and in the drainage of Goodnews Bay. 

(x) You may not use an aggregate 

length of set gillnets or drift gillnets in 

excess of 50 fathoms for taking salmon. 

(xi) You may take fish other than 

salmon by set gillnet, drift gillnet, beach 

seine, fish wheel, pot, long line, fyke 

net, dip net, jigging gear, spear, lead, 

handline, or rod and reel. 

(xii) You must attach to the bank each 

subsistence gillnet operated in 

tributaries of the Kuskokwim River and 

fish it substantially perpendicular to the 

bank and in a substantially straight line. 

(xiii) Within a tributary to the 

Kuskokwim River in that portion of the 

Kuskokwim River drainage from the 

north end of Eek Island upstream to the 

mouth of the Kolmakoff River, you may 

not set or operate any part of a set 

gillnet within 150 feet of any part of 

another set gillnet. 

(xiv) The maximum depth of gillnets 

is as follows: 

(A) Gillnets with 6-inch or smaller 

stretched-mesh may not be more than 45 

meshes in depth; 

(B) Gillnets with greater than 6-inch 

stretched-mesh may not be more than 35 

meshes in depth. 

(xv) You may take halibut only by a 

single handheld line with no more than 

two hooks attached to it. 

(xvi) You may not use subsistence set 

and drift gillnets exceeding 15 fathoms 

in length in Whitefish Lake in the Ophir 

Creek drainage. You may not operate 

more than one subsistence set or drift 

gillnet at a time in Whitefish Lake in the 

Ophir Creek drainage. You must check 

the net at least once every 24 hours. 

(xvii) You may take rainbow trout 

only in accordance with the following 

restrictions: 

(A) You may take rainbow trout only 

by the use of gillnets, dip nets, fyke 

nets, handline, spear, rod and reel, or 

jigging through the ice; 

(B) You may not use gillnets, dip nets, 

or fyke nets for targeting rainbow trout 

from March 15 through June 15; 

(C) If you take rainbow trout 

incidentally in other subsistence net 

fisheries and through the ice, you may 

retain them for subsistence purposes; 

(D) There are no harvest limits with 

handline, spear, rod and reel, or jigging. 

(5) Bristol Bay Area. The Bristol Bay 

Area includes all waters of Bristol Bay, 

including drainages enclosed by a line 

from Cape Newenham to Cape 

Menshikof. 

(i) Unless restricted in this section, or 

unless under the terms of a subsistence 

fishing permit, you may take fish at any 

time in the Bristol Bay area. 

(ii) In all State commercial salmon 

districts, from May 1 through May 31 

and October 1 through October 31, you 

may subsistence fish for salmon only 

from 9 a.m. Monday until 9 a.m. Friday. 

From June 1 through September 30, 

within the waters of a commercial 

salmon district, you may take salmon 

only during State open commercial 

salmon fishing periods. 

(iii) In the Egegik River from 9 a.m. 

June 23 through 9 a.m. July 17, you may 

take salmon only during the following 

times: from 9 a.m. Tuesday to 9 a.m. 

Wednesday and from 9 a.m. Saturday to 

9 a.m. Sunday. 

(iv) You may not take fish from waters 

within 300 feet of a stream mouth used 

by salmon. 

(v) You may not subsistence fish with 

nets in the Tazimina River and within 

one-fourth mile of the terminus of those 

waters during the period from 

September 1 through June 14. 

(vi) Within any district, you may take 

salmon, herring, and capelin by set 

gillnets only. 


sroberts on PROD1PC70 with RULES
12688 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 

(vii) Outside the boundaries of any 

district, unless otherwise specified, you 

may take salmon by set gillnet only. 

(A) You may also take salmon by 

spear in the Togiak River, excluding its 

tributaries. 

(B) You may also use drift gillnets not 

greater than 10 fathoms in length to take 

salmon in the Togiak River in the first 

two river miles upstream from the 

mouth of the Togiak River to the ADF&G 

regulatory markers. 

(C) You may also take salmon without 

a permit in Lake Clark and its tributaries 

by snagging (by handline or rod and 

reel), using a spear, bow and arrow, or 

capturing by bare hand. 

(D) You may also take salmon by 

beach seines not exceeding 25 fathoms 

in length in Lake Clark, excluding its 

tributaries. 

(viii) The maximum lengths for set 

gillnets used to take salmon are as 

follows: 

(A) You may not use set gillnets 

exceeding 10 fathoms in length in the 

Egegik River; 

(B) In the remaining waters of the 

area, you may not use set gillnets 

exceeding 25 fathoms in length. 

(ix) You may not operate any part of 

a set gillnet within 300 feet of any part 

of another set gillnet. 

(x) You must stake and buoy each set 

gillnet. Instead of having the identifying 

information on a keg or buoy attached 

to the gillnet, you may plainly and 

legibly inscribe your first initial, last 

name, and subsistence permit number 

on a sign at or near the set gillnet. 

(xi) You may not operate or assist in 

operating subsistence salmon net gear 

while simultaneously operating or 

assisting in operating commercial 

salmon net gear. 

(xii) During State closed commercial 

herring fishing periods, you may not use 

gillnets exceeding 25 fathoms in length 

for the subsistence taking of herring or 

capelin. 

(xiii) You may take fish other than 

salmon, herring, capelin, and halibut by 

gear listed in this part unless restricted 

under the terms of a subsistence fishing 

permit. 

(xiv) You may take salmon only under 

authority of a subsistence fishing 

permit. 

(xv) Only one subsistence fishing 

permit for salmon may be issued to each 

household per year. 

(xvi) In the Togiak River section and 

the Togiak River drainage: 

(A) You may not possess coho salmon 

taken under the authority of a 

subsistence fishing permit unless both 

lobes of the caudal fin (tail) or the dorsal 

fin have been removed. 

(B) You may not possess salmon taken 

with a drift gillnet under the authority 

of a subsistence fishing permit unless 

both lobes of the caudal fin (tail) or the 

dorsal fin have been removed. 

(xvii) You may take rainbow trout 

only by rod and reel or jigging gear. 

Rainbow trout daily harvest and 

possession limits are 2 per day/2 in 

possession with no size limit from April 

10 through October 31 and 5 per day/ 

5 in possession with no size limit from 

November 1 through April 9. 

(xviii) If you take rainbow trout 

incidentally in other subsistence net 

fisheries, or through the ice, you may 

retain them for subsistence purposes. 

(6) Aleutian Islands Area. The 

Aleutian Islands Area includes all 

waters of Alaska west of the longitude 

of the tip of Cape Sarichef, east of 172° 

East longitude, and south of 54°36′ 

North latitude. 

(i) You may take fish other than 

salmon, rainbow/steelhead trout, or char 

at any time unless restricted under the 

terms of a subsistence fishing permit. If 

you take rainbow/steelhead trout 

incidentally in other subsistence net 

fisheries, you may retain them for 

subsistence purposes. 

(ii) In the Unalaska District, you may 

take salmon for subsistence purposes 

from 6 a.m. until 9 p.m. from January 1 

through December 31, except as may be 

specified on a subsistence fishing 

permit. 

(iii) In the Adak, Akutan, Atka-Amlia, 

and Umnak Districts, you may take 

salmon at any time. 

(iv) You may not subsistence fish for 

salmon in the following waters: 

(A) The waters of Unalaska Lake, its 

tributaries and outlet stream; 

(B) The waters of Summers and 

Morris Lakes and their tributaries and 

outlet streams; 

(C) All streams supporting 

anadromous fish runs that flow into 

Unalaska Bay south of a line from the 

northern tip of Cape Cheerful to the 

northern tip of Kalekta Point; 

(D) Waters of McLees Lake and its 

tributaries and outlet stream; 

(E) All fresh water on Adak Island and 

Kagalaska Island in the Adak District. 

(v) You may take salmon by seine and 

gillnet, or with gear specified on a 

subsistence fishing permit. 

(vi) In the Unalaska District, if you 

fish with a net, you must be physically 

present at the net at all times when the 

net is being used. 

(vii) You may take fish other than 

salmon by gear listed in this part unless 

restricted under the terms of a 

subsistence fishing permit. 

(viii) You may take salmon, trout, and 

char only under the terms of a 

subsistence fishing permit, except that 

you do not need a permit in the Akutan, 

Umnak, and Atka-Amlia Islands 

Districts. 

(ix) You may take no more than 250 

salmon for subsistence purposes unless 

otherwise specified on the subsistence 

fishing permit, except that in the 

Unalaska and Adak Districts, you may 

take no more than 25 salmon plus an 

additional 25 salmon for each member 

of your household listed on the permit. 

You may obtain an additional permit. 

(x) You must keep a record on the 

reverse side of the permit of 

subsistence-caught fish. You must 

complete the record immediately upon 

taking subsistence-caught fish and must 

return it no later than October 31. 

(xi) The daily harvest limit for halibut 

is two fish, and the possession limit is 

two daily harvest limits. You may not 

possess sport-taken and subsistencetaken halibut on the same day. 

(7) Alaska Peninsula Area. The 

Alaska Peninsula Area includes all 

waters of Alaska on the north side of the 

Alaska peninsula southwest of a line 

from Cape Menshikof (57° 28.34′ North 

latitude, 157° 55.84′ West longitude) to 

Cape Newenham (58° 39.00′ North 

latitude, 162° West longitude) and east 

of the longitude of Cape Sarichef Light 

(164° 55.70′ West longitude) and on the 

south side of the Alaska Peninsula from 

a line extending from Scotch Cape 

through the easternmost tip of Ugamak 

Island to a line extending 135° southeast 

from Kupreanof Point (55° 33.98′ North 

latitude, 159° 35.88′ West longitude). 

(i) You may take fish, other than 

salmon, rainbow/steelhead trout, or 

char, at any time unless restricted under 

the terms of a subsistence fishing 

permit. If you take rainbow/steelhead 

trout incidentally in other subsistence 

net fisheries or through the ice, you may 

retain them for subsistence purposes. 

(ii) You may take salmon, trout, and 

char only under the authority of a 

subsistence fishing permit. 

(iii) You must keep a record on the 

reverse side of the permit of 

subsistence-caught fish. You must 

complete the record immediately upon 

taking subsistence-caught fish and must 

return it no later than October 31. 

(iv) You may take salmon at any time, 

except in those districts and sections 

open to commercial salmon fishing 

where salmon may not be taken during 

the 24 hours before and 12 hours 

following each State open weekly 

commercial salmon fishing period, or as 

may be specified on a subsistence 

fishing permit. 

(v) You may not subsistence fish for 

salmon in the following waters: 

(A) Russell Creek and Nurse Lagoon 

and within 500 yards outside the mouth 

of Nurse Lagoon; 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 12689 

(B) Trout Creek and within 500 yards 

outside its mouth. 

(vi) You may take salmon by seine, 

gillnet, rod and reel, or with gear 

specified on a subsistence fishing 

permit. 

(vii) You may take fish other than 

salmon by gear listed in this part unless 

restricted under the terms of a 

subsistence fishing permit. 

(viii) You may not use a set gillnet 

exceeding 100 fathoms in length. 

(ix) You may take halibut for 

subsistence purposes only by a single 

handheld line with no more than two 

hooks attached. 

(x) You may take no more than 250 

salmon for subsistence purposes unless 

otherwise specified on your subsistence 

fishing permit. 

(xi) The daily harvest limit for halibut 

is two fish and the possession limit is 

two daily harvest limits. You may not 

possess sport-taken and subsistencetaken halibut on the same day. 

(8) Chignik Area. The Chignik Area 

includes all waters of Alaska on the 

south side of the Alaska Peninsula 

bounded by a line extending 135° 

southeast for 3 miles from a point near 

Kilokak Rocks at 57° 10.34′ North 

latitude, 156° 20.22′ West longitude (the 

longitude of the southern entrance to 

Imuya Bay) then due south, and a line 

extending 135° southeast from 

Kupreanof Point at 55° 33.98′ North 

latitude, 159° 35.88′ West longitude. 

(i) You may take fish other than 

salmon, rainbow/steelhead trout, or char 

at any time, except as may be specified 

by a subsistence fishing permit. For 

salmon, Federal subsistence fishing 

openings, closings and fishing methods 

are the same as those issued for the 

subsistence taking of fish under Alaska 

Statutes (AS 16.05.060), unless 

superseded by a Federal Special Action. 

If you take rainbow/steelhead trout 

incidentally in other subsistence net 

fisheries, you may retain them for 

subsistence purposes. 

(ii) You may not take salmon in the 

Chignik River, from a point 300 feet 

upstream of the ADF&G weir to Chignik 

Lake from July 1 through August 31. 

You may not take salmon in Black Lake 

or any tributary to Black or Chignik 

Lakes. 

(iii) You may take salmon, trout, and 

char only under the authority of a 

subsistence fishing permit. 

(iv) You must keep a record on your 

permit of subsistence-caught fish. You 

must complete the record immediately 

upon taking subsistence-caught fish and 

must return it no later than October 31. 

(v) If you hold a commercial fishing 

license, you may only subsistence fish 

for salmon as specified on a State 

subsistence salmon fishing permit. 

(vi) You may take salmon by seines, 

gillnets, rod and reel, or with gear 

specified on a subsistence fishing 

permit, except that in Chignik Lake, you 

may not use purse seines. 

(vii) You may take fish other than 

salmon by gear listed in this part unless 

restricted under the terms of a 

subsistence fishing permit. 

(viii) You may take halibut for 

subsistence purposes only by a single 

handheld line with no more than two 

hooks attached. 

(ix) You may take no more than 250 

salmon for subsistence purposes unless 

otherwise specified on the subsistence 

fishing permit. 

(x) The daily harvest limit for halibut 

is two fish, and the possession limit is 

two daily harvest limits. You may not 

possess sport-taken and subsistencetaken 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°51.10′ North latitude), west of 150° 

West longitude, north of 55°30.00′ North 

latitude, and north and east of a line 

extending 135° southeast for three miles 

from a point near Kilokak Rocks at 

57°10.34′ North latitude, 156°20.22′ 

West longitude (the longitude of the 

southern entrance of Imuya Bay), then 

due south. 

(i) You may take fish other than 

salmon, rainbow/steelhead trout, char, 

bottomfish, or herring at any time unless 

restricted by the terms of a subsistence 

fishing permit. If you take rainbow/ 

steelhead trout incidentally in other 

subsistence net fisheries, you may retain 

them for subsistence purposes. 

(ii) You may take salmon for 

subsistence purposes 24 hours a day 

from January 1 through December 31, 

with the following exceptions: 

(A) From June 1 through September 

15, you may not use salmon seine 

vessels to take subsistence salmon for 24 

hours before or during, and for 24 hours 

after any State open commercial salmon 

fishing period. The use of skiffs from 

any type of vessel is allowed; 

(B) From June 1 through September 

15, you may use purse seine vessels to 

take salmon only with gillnets, and you 

may have no other type of salmon gear 

on board the vessel. 

(iii) You may not subsistence fish for 

salmon in the following locations: 

(A) Womens Bay closed waters—all 

waters inside a line from the tip of the 

Nyman Peninsula (57°43.23′ North 

latitude, 152°31.51′ West longitude), to 

the northeastern tip of Mary’s Island 

(57°42.40′ North latitude, 152°32.00′ 

West longitude), to the southeastern 

shore of Womens Bay at 57°41.95′ North 

latitude, 152°31.50′ West longitude; 

(B) Buskin River closed waters—all 

waters inside of a line running from a 

marker on the bluff north of the mouth 

of the Buskin River at approximately 

57°45.80′ North latitude, 152°28.38′ 

West longitude, to a point offshore at 

57°45.35′ North latitude, 152°28.15′ 

West longitude, to a marker located 

onshore south of the river mouth at 

approximately 57°45.15′ North latitude, 

152°28.65′ West longitude; 

(C) All waters closed to commercial 

salmon fishing within 100 yards of the 

terminus of Selief Bay Creek; 

(D) In Afognak Bay north and west of 

a line from the tip of Last Point to the 

tip of River Mouth Point; 

(E) From August 15 through 

September 30, all waters 500 yards 

seaward of the terminus of Little Kitoi 

Creek; 

(F) All fresh water systems of Afognak 

Island. 

(iv) You must have a subsistence 

fishing permit for taking salmon, trout, 

and char for subsistence purposes. You 

must have a subsistence fishing permit 

for taking herring and bottomfish for 

subsistence purposes during the State 

commercial herring sac roe season from 

April 15 through June 30. 

(v) With a subsistence salmon fishing 

permit you may take 25 salmon plus an 

additional 25 salmon for each member 

of your household whose names are 

listed on the permit. You may obtain an 

additional permit if you can show that 

more fish are needed. 

(vi) You must record on your 

subsistence permit the number of 

subsistence fish taken. You must 

complete the record immediately upon 

landing subsistence-caught fish, and 

must return it by February 1 of the year 

following the year the permit was 

issued. 

(vii) You may take fish other than 

salmon and halibut by gear listed in this 

part unless restricted under the terms of 

a subsistence fishing permit. 

(viii) You may take salmon only by 

gillnet, rod and reel, or seine. 

(ix) You must be physically present at 

the net when the net is being fished. 

(x) You may take halibut only by a 

single handheld line with not more than 

two hooks attached to it. 

(xi) The daily harvest limit for halibut 

is two fish, and the possession limit is 

two daily harvest limits. You may not 

possess sport-taken and subsistencetaken 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°51.1′ North latitude) 


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and a line extending south from Cape 

Fairfield (148°50.25′ West longitude). 

(i) Unless restricted in this section, or 

unless restricted under the terms of a 

subsistence fishing permit, you may 

take fish at any time in the Cook Inlet 

Area. If you take rainbow/steelhead 

trout incidentally in other subsistence 

net fisheries, you may retain them for 

subsistence purposes. 

(ii) You may not take grayling or 

burbot for subsistence purposes. 

(iii) You may take fish by gear listed 

in this part unless restricted in this 

section or under the terms of a 

subsistence fishing permit (as may be 

modified by this section). 

(iv) You may only take salmon, trout, 

Dolly Varden, and other char under 

authority of a Federal subsistence 

fishing permit. Seasons, harvest and 

possession limits, and methods and 

means for take are the same as for the 

taking of those species under Alaska 

sport fishing regulations (5 AAC 56). 

(v) You may only take smelt with dip 

nets in fresh water from April 1 through 

June 15. There are no harvest or 

possession limits for smelt. 

(vi) Gillnets may not be used in fresh 

water, except for the taking of whitefish 

in the Tyone River drainage. 

(11) Prince William Sound Area. The 

Prince William Sound Area includes all 

waters and drainages of Alaska between 

the longitude of Cape Fairfield and the 

longitude of Cape Suckling. 

(i) You may take fish, other than 

rainbow/steelhead trout, in the Prince 

William Sound Area only under 

authority of a subsistence fishing 

permit, except that a permit is not 

required to take eulachon. You make not 

take rainbow/steelhead trout, except as 

otherwise provided for in this 

§ ll.27(i)(11). 

(A) In the Prince William Sound Area 

within Chugach National Forest and in 

the Copper River drainage downstream 

of Haley Creek you may accumulate 

Federal subsistence fishing harvest 

limits with harvest limits under State of 

Alaska sport fishing regulations 

provided that accumulation of fishing 

harvest limits does not occur during the 

same day. 

(B) You may accumulate harvest 

limits of salmon authorized for the 

Copper River drainage upstream from 

Haley Creek with harvest limits for 

salmon authorized under State of Alaska 

sport fishing regulations. 

(ii) You may take fish by gear listed 

in paragraph (c)(1) of this part unless 

restricted in this section or under the 

terms of a subsistence fishing permit. 

(iii) If you catch rainbow/steelhead 

trout incidentally in other subsistence 

net fisheries, you may retain them for 

subsistence purposes, unless restricted 

in this section. 

(iv) In the Copper River drainage, you 

may take salmon only in the waters of 

the Upper Copper River District, or in 

the vicinity of the Native Village of 

Batzulnetas. 

(v) In the Upper Copper River District, 

you may take salmon only by fish 

wheels, rod and reel, or dip nets. 

(vi) Rainbow/steelhead trout and 

other freshwater fish caught incidentally 

to salmon by fish wheel in the Upper 

Copper River District may be retained. 

(vii) Freshwater fish other than 

rainbow/steelhead trout caught 

incidentally to salmon by dip net in the 

Upper Copper River District may be 

retained. Rainbow/steelhead trout 

caught incidentally to salmon by dip net 

in the Upper Copper River District must 

be released unharmed to the water. 

(viii) You may not possess salmon 

taken under the authority of an Upper 

Copper River District subsistence 

fishing permit, or rainbow/steelhead 

trout caught incidentally to salmon by 

fish wheel, unless the anal (ventral) fin 

has been immediately removed from the 

fish. You must immediately record all 

retained fish on the subsistence permit. 

Immediately means prior to concealing 

the fish from plain view or transporting 

the fish more than 50 feet from where 

the fish was removed from the water. 

(ix) You may take salmon in the 

Upper Copper River District from May 

15 through September 30 only. 

(x) The total annual harvest limit for 

subsistence salmon fishing permits in 

combination for the Glennallen 

Subdistrict and the Chitina Subdistrict 

is as follows: 

(A) For a household with 1 person, 30 

salmon, of which no more than 5 may 

be Chinook salmon taken by dip net and 

no more than 5 Chinook taken by rod 

and reel; 

(B) For a household with 2 persons, 

60 salmon, of which no more than 5 

may be Chinook salmon taken by dip 

net and no more than 5 Chinook taken 

by rod and reel, plus 10 salmon for each 

additional person in a household over 2 

persons, except that the household’s 

limit for Chinook salmon taken by dip 

net or rod and reel does not increase; 

(C) Upon request, permits for 

additional salmon will be issued for no 

more than a total of 200 salmon for a 

permit issued to a household with 1 

person, of which no more than 5 may 

be Chinook salmon taken by dip net and 

no more than 5 Chinook taken by rod 

and reel, or no more than a total of 500 

salmon for a permit issued to a 

household with 2 or more persons, of 

which no more than 5 may be Chinook 

salmon taken by dip net and no more 

than 5 Chinook taken by rod and reel. 

(xi) The following apply to Upper 

Copper River District subsistence 

salmon fishing permits: 

(A) Only one subsistence fishing 

permit per subdistrict will be issued to 

each household per year. If a household 

has been issued permits for both 

subdistricts in the same year, both 

permits must be in your possession and 

readily available for inspection while 

fishing or transporting subsistence-taken 

fish in either subdistrict. A qualified 

household may also be issued a 

Batzulnetas salmon fishery permit in the 

same year; 

(B) Multiple types of gear may be 

specified on a permit, although only one 

unit of gear may be operated at any one 

time; 

(C) You must return your permit no 

later than October 31 of the year in 

which the permit is issued, or you may 

be denied a permit for the following 

year; 

(D) A fish wheel may be operated only 

by one permit holder at one time; that 

permit holder must have the fish wheel 

marked as required by Section 

ll.27(i)(11) and during fishing 

operations; 

(E) Only the permit holder and the 

authorized member of the household 

listed on the subsistence permit may 

take salmon; 

(F) You must personally operate your 

fish wheel or dip net; 

(G) You may not loan or transfer a 

subsistence fish wheel or dip net permit 

except as permitted. 

(xii) If you are a fish wheel owner: 

(A) You must register your fish wheel 

with ADF&G or the Federal Subsistence 

Board; 

(B) Your registration number and a 

wood, metal, or plastic plate at least 12 

inches high by 12 inches wide bearing 

either your name and address, or your 

Alaska driver’s license number, or your 

Alaska State identification card number 

in letters and numerals at least 1 inch 

high, must be permanently affixed and 

plainly visible on the fish wheel when 

the fish wheel is in the water; 

(C) Only the current year’s registration 

number may be affixed to the fish 

wheel; you must remove any other 

registration number from the fish wheel; 

(D) You must check your fish wheel 

at least once every 10 hours and remove 

all fish; 

(E) You are responsible for the fish 

wheel; you must remove the fish wheel 

from the water at the end of the permit 

period; 

(F) You may not rent, lease, or 

otherwise use your fish wheel used for 

subsistence fishing for personal gain. 


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(xiii) If you are operating a fish wheel: 

(A) You may operate only one fish 

wheel at any one time; 

(B) You may not set or operate a fish 

wheel within 75 feet of another fish 

wheel; 

(C) No fish wheel may have more than 

two baskets; 

(D) If you are a permittee other than 

the owner, you must attach an 

additional wood, metal, or plastic plate 

at least 12 inches high by 12 inches 

wide, bearing your name and address in 

letters and numerals at least 1 inch high, 

to the fish wheel so that the name and 

address are plainly visible. 

(xiv) A subsistence fishing permit 

may be issued to a village council, or 

other similarly qualified organization 

whose members operate fish wheels for 

subsistence purposes in the Upper 

Copper River District, to operate fish 

wheels on behalf of members of its 

village or organization. The following 

additional provisions apply to 

subsistence fishing permits issued 

under this paragraph (i)(11)(xiv): 

(A) The permit will list all households 

and household members for whom the 

fish wheel is being operated. The permit 

will identify a person who will be 

responsible for each fish wheel in a 

similar manner to a fish wheel owner as 

described in paragraph (i)(11)(xii) of this 

section; 

(B) The allowable harvest may not 

exceed the combined seasonal limits for 

the households listed on the permit; the 

permittee will notify the ADF&G or 

Federal Subsistence Board when 

households are added to the list, and the 

seasonal limit may be adjusted 

accordingly; 

(C) Members of households listed on 

a permit issued to a village council or 

other similarly qualified organization 

are not eligible for a separate household 

subsistence fishing permit for the Upper 

Copper River District; 

(D) The permit will include 

provisions for recording daily catches 

for each fish wheel; location and 

number of fish wheels; full legal name 

of the individual responsible for the 

lawful operation of each fish wheel as 

described in paragraph (i)(11)(xii) of this 

section; and other information 

determined to be necessary for effective 

resource management. 

(xv) You may take salmon in the 

vicinity of the former Native village of 

Batzulnetas only under the authority of 

a Batzulnetas subsistence salmon 

fishing permit available from the 

National Park Service under the 

following conditions: 

(A) You may take salmon only in 

those waters of the Copper River 

between National Park Service 

regulatory markers located near the 

mouth of Tanada Creek and 

approximately one-half mile 

downstream from that mouth and in 

Tanada Creek between National Park 

Service regulatory markers identifying 

the open waters of the creek; 

(B) You may use only fish wheels, dip 

nets, and rod and reel on the Copper 

River and only dip nets, spears, fyke 

nets, and rod and reel in Tanada Creek. 

One fyke net and associated lead may be 

used in Tanada Creek upstream of the 

National Park Service weir; 

(C) You may take salmon only from 

May 15 through September 30 or until 

the season is closed by special action; 

(D) You may retain Chinook salmon 

taken in a fish wheel in the Copper 

River. You must return to the water 

unharmed any Chinook salmon caught 

in Tanada Creek; 

(E) You must return the permit to the 

National Park Service no later than 

October 15; 

(F) You may only use a fyke net after 

consultation with the in-season 

manager. You must be present when the 

fyke net is actively fishing. You may 

take no more than 1,000 sockeye salmon 

in Tanada Creek with a fyke net; 

(xvi) You may take pink salmon for 

subsistence purposes from fresh water 

with a dip net from May 15 through 

September 30, 7 days per week, with no 

harvest or possession limits in the 

following areas: 

(A) Green Island, Knight Island, 

Chenega Island, Bainbridge Island, 

Evans Island, Elrington Island, Latouche 

Island, and adjacent islands, and the 

mainland waters from the outer point of 

Granite Bay located in Knight Island 

Passage to Cape Fairfield; 

(B) Waters north of a line from 

Porcupine Point to Granite Point, and 

south of a line from Point Lowe to 

Tongue Point. 

(12) Yakutat Area. The Yakutat Area 

includes all waters and drainages of 

Alaska between the longitude of Cape 

Suckling and the longitude of Cape 

Fairweather. 

(i) Unless restricted in this section or 

unless restricted under the terms of a 

subsistence fishing permit, you may 

take fish at any time in the Yakutat 

Area. 

(ii) You may not take salmon during 

the period commencing 48 hours before 

a State opening of commercial salmon 

net fishing season and ending 48 hours 

after the closure. This applies to each 

river or bay fishery individually. 

(iii) When the length of the weekly 

State commercial salmon net fishing 

period exceeds two days in any Yakutat 

Area salmon net fishery, the subsistence 

fishing period is from 6 a.m. to 6 p.m. 

on Saturday in that location. 

(iv) You may take salmon, trout (other 

than steelhead), and char only under 

authority of a subsistence fishing 

permit. You may take steelhead trout 

only in the Situk and Ahrnklin Rivers 

and only under authority of a Federal 

subsistence fishing permit. 

(v) If you take salmon, trout, or char 

incidentally by gear operated under the 

terms of a subsistence permit for 

salmon, you may retain them for 

subsistence purposes. You must report 

any salmon, trout, or char taken in this 

manner on your permit calendar. 

(vi) You may take fish by gear listed 

in this part unless restricted in this 

section or under the terms of a 

subsistence fishing permit. In areas 

where use of rod and reel is allowed, 

you may use artificial fly, lure, or bait 

when fishing with rod and reel, unless 

restricted by Federal permit. If you use 

bait, you must retain all Federallyregulated fish species caught, and they 

apply to your applicable daily and 

annual harvest limits for that species. 

For streams with steelhead, once your 

daily or annual limit of steelhead is 

harvested, you may no longer fish with 

bait for any species. 

(vii) In the Situk River, each 

subsistence salmon fishing permit 

holder shall attend his or her gillnet at 

all times when it is being used to take 

salmon. 

(viii) You may block up to two-thirds 

of a stream with a gillnet or seine used 

for subsistence fishing. 

(ix) You must immediately remove 

both lobes of the caudal (tail) fin from 

subsistence-caught salmon when taken. 

(x) You may not possess subsistencetaken and sport-taken salmon on the 

same day. 

(xi) You must possess a subsistence 

fishing permit to take Dolly Varden. The 

daily harvest and possession limit is 10 

Dolly Varden of any size. 

(13) Southeastern Alaska Area. The 

Southeastern Alaska Area includes all 

waters between a line projecting 

southwest from the westernmost tip of 

Cape Fairweather and Dixon Entrance. 

(i) Unless restricted in this section or 

under the terms of a subsistence fishing 

permit, you may take fish other than 

salmon, trout, grayling, and char in the 

Southeastern Alaska Area at any time. 

(ii) You must possess a subsistence 

fishing permit to take salmon, trout, 

grayling, or char. You must possess a 

subsistence fishing permit to take 

eulachon from any freshwater stream 

flowing into fishing Sections 1C or 1D. 

(iii) In the Southeastern Alaska Area, 

a rainbow trout is defined as a fish of 

the species Oncorhyncus mykiss less 


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than 22 inches in overall length. A 

steelhead is defined as a rainbow trout 

with an overall length of 22 inches or 

larger. 

(iv)(A) In areas where use of rod and 

reel is allowed, you may use artificial 

fly, lure, or bait when fishing with rod 

and reel, unless restricted by Federal 

permit. If you use bait, you must retain 

all Federally-regulated fish species 

caught, and they apply to your 

applicable daily, seasonal, and annual 

harvest limits for that species. For 

streams with steelhead, once your daily, 

seasonal, or annual limit of steelhead is 

harvested, you may no longer fish with 

bait for any species. 

(B) Unless otherwise specified in this 

§ ll.27(i)(13), allowable gear for 

salmon or steelhead is restricted to gaffs, 

spears, gillnets, seines, dip nets, cast 

nets, handlines, or rod and reel. 

(v) Unless otherwise specified in this 

§ ll.27(i)(13), you may use a handline 

for snagging salmon or steelhead. 

(vi) You may fish with a rod and reel 

within 300 feet of a fish ladder unless 

the site is otherwise posted by the 

USDA Forest Service. You may not fish 

from, on, or in a fish ladder. 

(vii) You may accumulate annual 

Federal subsistence harvest limits 

authorized for the Southeastern Alaska 

Area with harvest limits authorized 

under State of Alaska sport fishing 

regulations. 

(viii) If you take salmon, trout, or char 

incidentally with gear operated under 

terms of a subsistence permit for other 

salmon, they may be kept for 

subsistence purposes. You must report 

any salmon, trout, or char taken in this 

manner on your subsistence fishing 

permit. 

(ix) No permits for the use of nets will 

be issued for the salmon streams 

flowing across or adjacent to the road 

systems within the city limits of 

Petersburg, Wrangell, and Sitka. 

(x) You must immediately remove 

both lobes of the caudal (tail) fin of 

subsistence-caught salmon when taken. 

(xi) You may not possess subsistencetaken and sport-taken salmon on the 

same day. 

(xii) If a harvest limit is not otherwise 

listed for sockeye in this § ll.27(i)(13), 

the harvest limit for sockeye salmon is 

the same as provided for in adjacent 

State subsistence or personal use 

fisheries. If a harvest limit is not 

established for the State subsistence or 

personal use fisheries, the possession 

limit is 10 sockeye and the annual 

harvest limit is 20 sockeye per 

household for that stream. 

(xiii) [Reserved]. 

(xiv) [Reserved]. 

(xv) [Reserved]. 

(xvi) The Sarkar River system above 

the bridge is closed to the use of all nets 

by both Federally-qualified and nonFederally qualified users. 

(xvii) Only Federally-qualified 

subsistence users may harvest sockeye 

salmon in streams draining into Falls 

Lake Bay, Gut Bay, or Bay of Pillars. 

(xviii) From July 7 through July 31, 

you may take sockeye salmon in the 

waters of the Klawock River and 

Klawock Lake only from 8 a.m. Monday 

until 5 p.m. Friday. 

(xix) You may take Chinook, sockeye, 

and coho salmon in the mainstem of the 

Stikine River only under the authority 

of a Federal subsistence fishing permit. 

Each Stikine River permit will be issued 

to a household and will be valid for 15 

days. Permits may be revalidated for 

additional 15-day periods. Only dip 

nets, spears, gaffs, rod and reel, beach 

seine, or gillnets not exceeding 15 

fathoms in length may be used. The 

maximum gillnet mesh size is 51⁄2- 

inches, except during the Chinook 

season when the maximum gillnet mesh 

size is 8 inches. 

(A) You may take Chinook salmon 

from May 15 through June 20. The 

annual limit is 5 Chinook salmon per 

household. 

(B) You may take sockeye salmon 

from June 21 through July 31. The 

annual limit is 40 sockeye salmon per 

household. 

(C) You may take coho salmon from 

August 15 through October 1. The 

annual limit is 20 coho salmon per 

household. 

(D) You may retain other salmon 

taken incidentally by gear operated 

under terms of this permit. The 

incidentally taken salmon must be 

reported on your permit calendar. 

(E) The total annual guideline harvest 

level for the Stikine River fishery is 125 

Chinook, 600 sockeye, and 400 coho 

salmon. All salmon harvested, including 

incidentally taken salmon, will count 

against the guideline for that species. 

(xx) You may take coho salmon under 

the terms of a subsistence fishing 

permit, except in the Stikine and Taku 

Rivers. There is no closed season. The 

daily harvest limit is 20 coho salmon 

per household. Only dip nets, spears, 

gaffs, handlines, and rod and reel may 

be used. 

(xxi) Unless noted on a Federal 

subsistence harvest permit, there are no 

harvest limits for pink or chum salmon. 

(xxii) Unless otherwise specified in 

this § ll.27(i)(13), you may take 

steelhead under the terms of a 

subsistence fishing permit. The open 

season is January 1 through May 31. The 

daily household harvest and possession 

limit is one with an annual household 

limit of two. You may only use a dip 

net, gaff, handline, spear, or rod and 

reel. The permit conditions and systems 

to receive special protection will be 

determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(xxiii) You may take steelhead trout 

on Prince of Wales and Kosciusko 

Islands under the terms of Federal 

subsistence fishing permits. You must 

obtain a separate permit for the winter 

and spring seasons. 

(A) The winter season is December 1 

through the last day of February, with 

a harvest limit of 2 fish per household. 

You may use only a dip net, handline, 

spear, or rod and reel. The winter 

season may be closed when the harvest 

level cap of 100 steelhead for Prince of 

Wales/Kosciusko Islands has been 

reached. You must return your winter 

season permit within 15 days of the 

close of the season and before receiving 

another permit for a Prince of Wales/ 

Kosciusko steelhead subsistence fishery. 

The permit conditions and systems to 

receive special protection will be 

determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(B) The spring season is March 1 

through May 31, with a harvest limit of 

5 fish per household. You may use only 

a dip net, handline, spear, or rod and 

reel. The spring season may be closed 

prior to May 31 if the harvest quota of 

600 fish minus the number of steelhead 

harvested in the winter subsistence 

steelhead fishery is reached. You must 

return your spring season permit within 

15 days of the close of the season and 

before receiving another permit for a 

Prince of Wales/Kosciusko steelhead 

subsistence fishery. The permit 

conditions and systems to receive 

special protection will be determined by 

the local Federal fisheries manager in 

consultation with ADF&G. 

(xxiv) In addition to the requirement 

for a Federal subsistence fishing permit, 

the following restrictions for the harvest 

of Dolly Varden, brook trout, grayling, 

cutthroat, and rainbow trout apply: 

(A) The daily household harvest and 

possession limit is 20 Dolly Varden; 

there is no closed season or size limit; 

(B) The daily household harvest and 

possession limit is 20 brook trout; there 

is no closed season or size limit; 

(C) The daily household harvest and 

possession limit is 20 grayling; there is 

no closed season or size limit; 

(D) The daily household harvest limit 

is 6 and the household possession limit 

is 12 cutthroat or rainbow trout in 

combination; there is no closed season 

or size limit; 

(E) You may only use a rod and reel; 


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(F) The permit conditions and 

systems to receive special protection 

will be determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

§ll.28 Subsistence taking of shellfish. 

(a) Regulations in this section apply to 

subsistence taking of Dungeness crab, 

king crab, Tanner crab, shrimp, clams, 

abalone, and other shellfish or their 

parts. 

(b) [Reserved]. 

(c) You may take shellfish for 

subsistence uses at any time in any area 

of the public lands by any method 

unless restricted by this section. 

(d) Methods, means, and general 

restrictions. (1) The harvest limit 

specified in this section for a 

subsistence season for a species and the 

State harvest limit set for a State season 

for the same species are not cumulative. 

This means that if you have taken the 

harvest limit for a particular species 

under a subsistence season specified in 

this section, you may not, after that, take 

any additional shellfish of that species 

under any other harvest limit specified 

for a State season. 

(2) Unless otherwise provided in this 

section or under terms of a required 

subsistence fishing permit (as may be 

modified by this section), you may use 

the following legal types of gear to take 

shellfish: 

(i) Abalone iron; 

(ii) Diving gear; 

(iii) A grappling hook; 

(iv) A handline; 

(v) A hydraulic clam digger; 

(vi) A mechanical clam digger; 

(vii) A pot; 

(viii) A ring net; 

(ix) A scallop dredge; 

(x) A sea urchin rake; 

(xi) A shovel; and 

(xii) A trawl. 

(3) You are prohibited from buying or 

selling subsistence-taken shellfish, their 

parts, or their eggs, unless otherwise 

specified. 

(4) You may not use explosives and 

chemicals, except that you may use 

chemical baits or lures to attract 

shellfish. 

(5) Marking requirements for 

subsistence shellfish gear are as follows: 

(i) You must plainly and legibly 

inscribe your first initial, last name, and 

address on a keg or buoy attached to 

unattended subsistence fishing gear, 

except when fishing through the ice, 

when you may substitute for the keg or 

buoy a stake inscribed with your first 

initial, last name, and address inserted 

in the ice near the hole; subsistence 

fishing gear may not display a 

permanent ADF&G vessel license 

number; 

(ii) Kegs or buoys attached to 

subsistence crab pots also must be 

inscribed with the name or United 

States Coast Guard number of the vessel 

used to operate the pots. 

(6) Pots used for subsistence fishing 

must comply with the escape 

mechanism requirements found in 

§ ll.27(c)(2). 

(7) You may not mutilate or otherwise 

disfigure a crab in any manner which 

would prevent determination of the 

minimum size restrictions until the crab 

has been processed or prepared for 

consumption. 

(e) Taking shellfish by designated 

harvest permit. (1) Any species of 

shellfish that may be taken by 

subsistence fishing under this part may 

be taken under a designated harvest 

permit. 

(2) If you are a Federally-qualified 

subsistence user (beneficiary), you may 

designate another Federally-qualified 

subsistence user to take shellfish on 

your behalf. The designated fisherman 

must obtain a designated harvest permit 

prior to attempting to harvest shellfish 

and must return a completed harvest 

report. The designated fisherman may 

harvest for any number of beneficiaries 

but may have no more than two harvest 

limits in his/her possession at any one 

time. 

(3) The designated fisherman must 

have in possession a valid designated 

harvest permit when taking, attempting 

to take, or transporting shellfish taken 

under this section, on behalf of a 

beneficiary. 

(4) You may not fish with more than 

one legal limit of gear as established by 

this section. 

(5) You may not designate more than 

one person to take or attempt to take 

shellfish on your behalf at one time. 

You may not personally take or attempt 

to take shellfish at the same time that a 

designated fisherman is taking or 

attempting to take shellfish on your 

behalf. 

(f) If a subsistence shellfishing permit 

is required by this section, the following 

conditions apply unless otherwise 

specified by the subsistence regulations 

in this section: 

(1) You may not take shellfish for 

subsistence in excess of the limits set 

out in the permit unless a different limit 

is specified in this section; 

(2) You must obtain a permit prior to 

subsistence fishing; 

(3) You must have the permit in your 

possession and readily available for 

inspection while taking or transporting 

the species for which the permit is 

issued; 

(4) The permit may designate the 

species and numbers of shellfish to be 

harvested, time and area of fishing, the 

type and amount of fishing gear and 

other conditions necessary for 

management or conservation purposes; 

(5) If specified on the permit, you 

must keep accurate daily records of the 

catch involved, showing the number of 

shellfish taken by species, location and 

date of the catch, and such other 

information as may be required for 

management or conservation purposes; 

(6) You must complete and submit 

subsistence fishing reports at the time 

specified for each particular area and 

fishery; 

(7) If the return of catch information 

necessary for management and 

conservation purposes is required by a 

subsistence fishing permit and you fail 

to comply with such reporting 

requirements, you are ineligible to 

receive a subsistence permit for that 

activity during the following calendar 

year, unless you demonstrate that 

failure to report was due to loss in the 

mail, accident, sickness, or other 

unavoidable circumstances. 

(g) Subsistence take by commercial 

vessels. No fishing vessel which is 

commercially licensed and registered 

for shrimp pot, shrimp trawl, king crab, 

Tanner crab, or Dungeness crab fishing 

may be used for subsistence take during 

the period starting 14 days before an 

opening and ending 14 days after the 

closure of a respective open season in 

the area or areas for which the vessel is 

registered. However, if you are a 

commercial fisherman, you may retain 

shellfish for your own use from your 

lawfully taken commercial catch. 

(h) You may not take or possess 

shellfish smaller than the minimum 

legal size limits. 

(i) Unlawful possession of subsistence 

shellfish. You may not possess, 

transport, give, receive, or barter 

shellfish or their parts taken in violation 

of Federal or State regulations. 

(j) (1) An owner, operator, or 

employee of a lodge, charter vessel, or 

other enterprise that furnishes food, 

lodging, or guide services may not 

furnish to a client or guest of that 

enterprise, shellfish that has been taken 

under this section, unless: 

(i) The shellfish has been taken with 

gear deployed and retrieved by the 

client or guest who is a Federallyqualified 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 


sroberts on PROD1PC70 with RULES
12694 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 

shellfish fishery when that vessel is 

being chartered. 

(k) Subsistence shellfish areas and 

pertinent restrictions. (1) Southeastern 

Alaska-Yakutat Area. No marine waters 

are currently identified under Federal 

subsistence management jurisdiction. 

(2) Prince William Sound Area. No 

marine waters are currently identified 

under Federal subsistence management 

jurisdiction. 

(3) Cook Inlet Area. (i) You may take 

shellfish for subsistence purposes only 

as allowed in this section (k)(3). 

(ii) You may not take king crab, 

Dungeness crab, or shrimp for 

subsistence purposes. 

(iii) In the subsistence taking of 

Tanner crab: 

(A) Male Tanner crab may be taken 

only from July 15 through March 15; 

(B) The daily harvest and possession 

limit is 5 male Tanner crabs; 

(C) Only male Tanner crabs 51⁄2

inches or greater in width of shell may 

be taken or possessed; 

(D) No more than 2 pots per person, 

regardless of type, with a maximum of 

2 pots per vessel, regardless of type, 

may be used to take Tanner crab. 

(iv) In the subsistence taking of clams: 

(A) The daily harvest and possession 

limit for littleneck clams is 1,000 and 

the minimum size is 1.5 inches in 

length; 

(B) The daily harvest and possession 

limit for butter clams is 700 and the 

minimum size is 2.5 inches in length. 

(v) Other than as specified in this 

section, there are no harvest, possession, 

or size limits for other shellfish, and the 

season is open all year. 

(4) Kodiak Area. (i) You may take crab 

for subsistence purposes only under the 

authority of a subsistence crab fishing 

permit issued by the ADF&G. 

(ii) The operator of a commercially 

licensed and registered shrimp fishing 

vessel must obtain a subsistence fishing 

permit from the ADF&G before 

subsistence shrimp fishing during a 

State closed commercial shrimp fishing 

season or within a closed commercial 

shrimp fishing district, section, or 

subsection. The permit must specify the 

area and the date the vessel operator 

intends to fish. No more than 500 

pounds (227 kg) of shrimp may be in 

possession aboard the vessel. 

(iii) The daily harvest and possession 

limit is 12 male Dungeness crabs per 

person; only male Dungeness crabs with 

a shell width of 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 six crabs per 

household; only male king crab with 

shell width of 7 inches or greater may 

be taken or possessed; 

(B) All crab pots used for subsistence 

fishing and left in saltwater unattended 

longer than a 2-week period must have 

all bait and bait containers removed and 

all doors secured fully open; 

(C) You may only use one crab pot, 

which may be of any size, to take king 

crab; 

(D) You may take king crab only from 

June 1 through January 31, except that 

the subsistence taking of king crab is 

prohibited in waters 25 fathoms or 

greater in depth during the period 14 

days before and 14 days after State open 

commercial fishing seasons for red king 

crab, blue king crab, or Tanner crab in 

the location; 

(E) The waters of the Pacific Ocean 

enclosed by the boundaries of Womens 

Bay, Gibson Cove, and an area defined 

by a line 1⁄2 mile on either side of the 

mouth of the Karluk River, and 

extending seaward 3,000 feet, and all 

waters within 1,500 feet seaward of the 

shoreline of Afognak Island are closed 

to the harvest of king crab except by 

Federally-qualified subsistence users. 

(v) In the subsistence taking of Tanner 

crab: 

(A) You may not use more than five 

crab pots to take Tanner crab; 

(B) You may not take Tanner crab in 

waters 25 fathoms or greater in depth 

during the 14 days immediately before 

the opening of a State commercial king 

or Tanner crab fishing season in the 

location; 

(C) The daily harvest and possession 

limit per person is 12 male crabs with 

a shell width 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. 

Dated: January 30, 2007. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: January 30, 2007. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. 07–1166 Filed 3–15–07; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 


sroberts on PROD1PC70 with RULES