Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations 14049 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. Paragraph 

(34)(g) covers regulations establishing, 

disestablishing, or changing security 

zones. This rule involves establishing a 

security zone in the Port of Mayaguez. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add: § 165.778 to read as follows: 

§ 165.778 Security Zone; Port of 

Mayaguez, Puerto Rico. 

(a) Security zone. A moving and fixed 

security zone is established around all 

cruise ships entering, departing, 

mooring, or anchoring in the Port of 

Mayaguez, Puerto Rico. The regulated 

area includes all waters from surface to 

bottom within a 50-yard radius of the 

vessel. The zone is activated when a 

cruise ship on approach to the Port of 

Mayaguez enters within 1 nautical mile 

of the Bahia de Mayaguez Range Front 

Light located in position 18°13′12′′ N 

067°10′46′′ W. The zone is deactivated 

when a cruise ship departs the Port of 

Mayaguez and is no longer within 1 

nautical mile of the Bahia de Mayaguez 

Range Front Light. 

(b) Definitions. As used in this 

section: 

Cruise ship means any vessel over 100 

gross registered tons, carrying more than 

12 passengers for hire. 

Designated representative means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels and Federal, State, 

and local officers designated by or 

assisting the Captain of the Port San 

Juan in the enforcement of the security 

zone. 

Vessel means every description of 

watercraft or other artificial contrivance 

used, or capable of being used, as a 

means of transportation on water, 

except U.S. Coast Guard or U.S. Naval 

vessels and servicing pilot and tug 

boats. 

(c) Regulations. (1) No person or 

vessel may enter into the security zone 

under this section unless authorized by 

the Captain of the Port San Juan. 

(2) Vessels seeking to enter a security 

zone established in this section, may 

contact the COTP on VHF channel 16 or 

by telephone at (787) 289–2041 to 

request permission. 

(3) All persons and vessels granted 

permission to enter the security zone 

must comply with the orders of the 

Captain of the Port San Juan and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

(d) Effective period. This section is 

effective on April 29, 2009. 

Dated: February 20, 2009. 

E. Pino, 

Captain, U.S. Coast Guard, Captain of the 

Port San Juan. 

[FR Doc. E9–6976 Filed 3–27–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Parts 223 and 261 

RIN 0596–AB81 

Sale and Disposal of National Forest 

System Timber; Special Forest 

Products and Forest Botanical 

Products 

AGENCY: Forest Service, USDA. 

ACTION: Notice of Delay of Effective 

Date. 

SUMMARY: The Department is delaying 

the effective date of this rule for an 

additional 60 days. The Department 

previously delayed the effective date 

and sought comment for 30 days ending 

on March 2, 2009 (74 FR 5107). More 

time is needed for the Forest Service to 

properly respond to the comments and 

to consider any potential changes to the 

rule. The rule regulates the sustainable 

free use, commercial harvest, and sale of 

special forest products and forest 

botanical products from National Forest 

System lands. 

DATES: The effective date for the rule 

published at 73 FR 79367, December 29, 

2008, is delayed until May 29, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard Fitzgerald, Forest Service, 

Forest Management Staff, (202) 205– 

1753. Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

Dated: March 25, 2009. 

Ann Bartuska, 

Acting Deputy Under Secretary, Natural 

Resources and Environment. 

[FR Doc. E9–7075 Filed 3–26–09; 11:15 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[FWS–R7–EA–2007–0025; 70101–1335– 

0064L6] 

RIN 1018-AV72 

Subsistence Management Regulations 

for Public Lands in Alaska—2009-10 

and 2010-11 Subsistence Taking of 

Fish 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 for subsistence uses during the 

2009-10 and 2010-11 regulatory years. 

The Federal Subsistence Board 

completes the biennial process of 


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14050 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations 

revising subsistence fishing and 

shellfishing regulations in oddnumbered years and subsistence 

hunting and trapping regulations in 

even-numbered years; public proposal 

and review processes take place during 

the preceding year. The Board also 

addresses customary and traditional use 

determinations during the applicable 

biennial cycle. This rulemaking replaces 

the fish taking regulations that expire on 

March 31, 2009. 

DATES: Section ___.24(a)(2) is effective 

April 1, 2009. Sections ___.27 and 

___.28 are effective April 1, 2009, 

through March 31, 2011. 

ADDRESSES: The Board meeting 

transcripts are available for review at 

the Office of Subsistence Management, 

1011 East Tudor Road, MS 121, 

Anchorage, AK 99503, or on the Office 

of Subsistence Management website 

(http://alaska.fws.gov/asm/home.html). 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management; (907) 786– 

3888 or subsistence@fws.gov. For 

questions specific to National Forest 

System lands, contact Steve Kessler, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

(907) 743–9461. 

SUPPLEMENTARY INFORMATION: 

Background 

Under Title VIII of the Alaska 

National Interest Lands Conservation 

Act (ANILCA) (16 U.S.C. 3111–3126), 

the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

jointly implement the Federal 

Subsistence Management Program. This 

program grants a preference for 

subsistence uses of fish and wildlife 

resources on Federal public lands and 

waters in Alaska. The Secretaries first 

published regulations to carry out this 

program in the Federal Register on May 

29, 1992 (57 FR 22940). The Program 

has subsequently amended these 

regulations several times. Because this 

program is a joint effort between Interior 

and Agriculture, these regulations are 

located in two titles of the Code of 

Federal Regulations (CFR): Title 36, 

‘‘Parks, Forests, and Public Property,’’ 

and Title 50, ‘‘Wildlife and Fisheries,’’ 

at 36 CFR 242.1–28 and 50 CFR 100.1– 

28, respectively. The regulations contain 

subparts as follows: Subpart A, General 

Provisions; Subpart B, Program 

Structure; Subpart C, Board 

Determinations; and Subpart D, 

Subsistence Taking of Fish and Wildlife. 

Federal Subsistence Board 

Consistent with subpart B of these 

regulations, the Departments established 

a Federal Subsistence Board to 

administer the Federal Subsistence 

Management Program. The Board is 

made up of: 

•Chair appointed by the Secretary of 

the Interior with concurrence of the 

Secretary of Agriculture; 

• Alaska Regional Director, U.S. Fish 

and Wildlife Service; 

• Alaska Regional Director, U.S. 

National Park Service; 

• Alaska State Director, U.S. Bureau of 

Land Management; 

• Alaska Regional Director, U.S. 

Bureau of Indian Affairs; and 

• Alaska Regional Forester, U.S. Forest 

Service. 

Through the Board, these agencies 

participate in the development of 

regulations for subparts A, B, and C, 

which set forth the basic program, and 

they continue to work together on 

regularly revising the subpart D 

regulations, which, among other things, 

set forth specific harvest seasons and 

limits. 

Federal Subsistence Regional Advisory 

Councils 

In administering the program, the 

Secretaries divided Alaska into 10 

subsistence resource regions, each of 

which is represented by a Regional 

Council. The Regional Councils provide 

a forum for rural residents with personal 

knowledge of local conditions and 

resource requirements to have a 

meaningful role in the subsistence 

management of fish and wildlife on 

Federal public lands in Alaska. The 

Regional Council members represent 

varied geographical, cultural, and user 

diversity within each region. 

The Board addresses customary and 

traditional use determinations during 

the applicable biennial cycle. Section 

___.24 (customary and traditional use 

determinations) was originally 

published in the Federal Register on 

May 29, 1992 (57 FR 22940). The 

regulations at 36 CFR 242.4 and 50 CFR 

100.4 define ‘‘customary and traditional 

use’’ as ‘‘a long-established, consistent 

pattern of use, incorporating beliefs and 

customs which have been transmitted 

from generation to generation. . . .’’ 

Since that time, the Board has made a 

number of customary and traditional 

use determinations at the request of 

impacted subsistence users. Those 

modifications, along with some 

administrative corrections, were 

published in the Federal Register as 

follows: 

TABLE 1: MODIFICATIONS TO §___.24. 

Federal Register citation Date of publication: Rule made changes to the following provisions of ___.24: 

59 FR 27462 ....................................................... May 27, 1994 ................................................... Wildlife and Fish/Shellfish. 

59 FR 51855 ....................................................... October 13, 1994 ............................................. Wildlife and Fish/Shellfish. 

60 FR 10317 ....................................................... February 24, 1995 ........................................... Wildlife and Fish/Shellfish. 

61 FR 39698 ....................................................... July 30, 1996 ................................................... Wildlife and Fish/Shellfish. 

62 FR 29016 ....................................................... May 29, 1997 ................................................... Wildlife and Fish/Shellfish. 

63 FR 35332 ....................................................... June 29, 1998 .................................................. Wildlife and Fish/Shellfish. 

63 FR 46148 ....................................................... August 28, 1998 .............................................. Wildlife and Fish/Shellfish. 

64 FR 1276 ......................................................... January 8, 1999 ............................................... Fish/Shellfish. 

64 FR 35776 ....................................................... July 1, 1999 ..................................................... Wildlife. 

65 FR 40730 ....................................................... June 30, 2000 .................................................. Wildlife. 


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TABLE 1: MODIFICATIONS TO §___.24.—Continued 

Federal Register citation Date of publication: Rule made changes to the following provisions of ___.24: 

66 FR 10142 ....................................................... February 13, 2001 ........................................... Fish/Shellfish. 

66 FR 33744 ....................................................... June 25, 2001 .................................................. Wildlife. 

67 FR 5890 ......................................................... February 7, 2002 ............................................. Fish/Shellfish. 

67 FR 43710 ....................................................... June 28, 2002 .................................................. Wildlife. 

68 FR 7276 ......................................................... February 12, 2003 ........................................... Fish/Shellfish. 

Note: The Board met May 20–22, 2003, but did not make any additional customary and traditional use determinations. 

69 FR 5018 ......................................................... February 3, 2004 ............................................. Fish/Shellfish. 

69 FR 40174 ....................................................... July 1, 2004 ..................................................... Wildlife. 

70 FR 13377 ....................................................... March 21, 2005 ............................................... Fish/Shellfish. 

70 FR 36268 ....................................................... June 22, 2005 .................................................. Wildlife. 

71 FR 15569 ....................................................... March 29, 2006 ............................................... Fish/Shellfish. 

71 FR 37642 ....................................................... June 30, 2006 .................................................. Wildlife. 

72 FR 12676 ....................................................... March 16, 2007 ............................................... Fish/Shellfish. 

Note: The Board met December 11-13, 2007, but did not make any additional customary and traditional use determinations. 

72 FR 73426 ....................................................... December 27, 2007 ......................................... Wildlife/Fish. 

73 FR 35726 ....................................................... June 26, 2008 .................................................. Wildlife. 

Current Rule 

The Departments published a 

proposed rule on April 17, 2008 (73 FR 

20887), to amend subparts C and D of 

36 CFR 242 and 50 CFR 100. The 

proposed rule opened a comment 

period, which closed on June 30, 2008. 

The Departments advertised the 

proposed rule by mail, radio, and 

newspaper. During that period, the 

Regional Councils met and, in addition 

to other Regional Council business, 

received suggestions for proposals from 

the public. The Board received a total of 

15 proposals for changes to subparts C 

and D. After the proposal period closed, 

the Board prepared a booklet describing 

the proposals and distributed them to 

the public; this was also available 

online. The public then had an 

additional 30 days in which to comment 

on the proposals for changes to the 

regulations. 

The 10 Regional Councils met again, 

received public comments, and 

formulated their recommendations to 

the Board on proposals for their 

respective regions. The Regional 

Councils had a substantial role in 

reviewing the proposed rule and making 

recommendations for the final rule. 

Moreover, a Council Chair, or a 

designated representative, presented 

each Council’s recommendations at the 

Board meeting of January 13-15, 2009. 

These final regulations reflect Board 

review and consideration of Regional 

Council recommendations and public 

comments. The public has had 

extensive opportunity to review and 

comment on all changes. In section 

___.24(a)(2) corrections to the spelling of 

certain village names and an updated 

format have been made, resulting in a 

more readable document. 

Of the 15 proposals, the Board 

adopted five, rejected five, deferred 

four, and one was withdrawn by the 

proponent. Of the five adopted 

proposals, three were adopted with 

modifications. The Board deferred four 

proposals to allow collection of 

additional information. 

Summary of Proposals Rejected by the 

Board 

The Board rejected or deferred nine 

proposals. The rejected proposals were 

recommended for rejection by at least 

one of the Regional Councils, except for 

the one noted in this summary. Detailed 

information relating to justification for 

the action on each proposal may be 

found in the Board meeting materials 

and transcripts, available for review at 

the Office of Subsistence Management, 

1011 East Tudor Road, MS 121, 

Anchorage, Alaska 99503, or on the 

Office of Subsistence Management 

website (http://alaska.fws.gov/asm/ 

home.html). 

•The Board rejected one proposal to 

alter various management components 

of the Prince of Wales/Kosciusko 

Islands and the Southeast Alaska 

Federal subsistence steelhead fisheries 

as unnecessarily restrictive for 

subsistence users and not supported by 

substantial evidence. 

•The Board rejected one proposal to 

stop the issuance of Federal subsistence 

fishing permits for streams crossed by or 

adjacent to the Juneau road system as 

unnecessarily restrictive for subsistence 

users. 

•The Board rejected one proposal to 

recognize a customary and traditional 

use determination for residents of 

Ninilchik for resident fish in the Kenai 

Peninsula District waters north of and 

including the Kenai River drainage, 

contrary to the modified proposal 

recommendation of the Southcentral 

Council, based on a lack of substantial 

evidence. 

•The Board rejected one proposal to 

revise Federal regulatory language to be 

more consistent with State regulations 

in the Cook Inlet area concerning the 

harvest of rainbow/steelhead, Arctic 

grayling, and burbot as being 


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unnecessarily restrictive for subsistence 

users. 

•The Board rejected one proposal to 

allow dipnetting from the banks of the 

Kenai River at the Moose Range 

Meadows site, based on conservation 

concerns. 

•The Board deferred one proposal to 

have ‘‘no Federal subsistence priority’’ 

for customary and traditional use 

determination for the Juneau road 

system area to allow more time to 

develop a complete analysis of 

customary and traditional use of fish in 

Districts 11 and 15. 

•The Board deferred one proposal to 

close Federal public waters in the 

Makhnati Island area to the harvest of 

herring and herring spawn except for 

Federally qualified subsistence users to 

allow completion and analysis of 

studies being conducted, for a period 

not to exceed two years. 

•The Board deferred two proposals, 

one that would restrict gillnet mesh size 

and one to restrict gillnet depth on the 

Yukon River not to extend beyond April 

2010. The Board based its decisions on 

the need for additional evidence to 

support the proposals and a concern for 

unnecessary restrictions on subsistence 

users. 

Summary of Proposals Adopted by the 

Board 

The Board adopted five proposals. 

Two of these proposals were adopted as 

submitted, and three were adopted with 

modifications suggested by the 

respective Regional Council, 

modifications developed during the 

analysis process, or modifications 

developed during the Board’s public 

deliberations. 

All of the adopted proposals were 

recommended for adoption by at least 

one of the Regional Councils, although 

further modifications were made to 

some during Board deliberations, and 

were based on harvest practices or on 

protecting fish populations. Detailed 

information relating to justification for 

the action on each proposal may be 

found in the Board meeting materials 

and transcripts, available for review at 

the Office of Subsistence Management, 

1011 East Tudor Road, MS 121, 

Anchorage, Alaska 99503, or on the 

Office of Subsistence Management 

website (http://alaska.fws.gov/asm/ 

home.html). 

The Board adopted regulations 

pertaining to specific management areas 

as follows: 

Chignik Fishery Management Area 

• More closely aligned Federal 

regulations with State subsistence 

regulations in the Chignik Management 

Area to allow subsistence salmon 

fishing in the Clark River and Home 

Creek tributaries of Chignik Lake. 

Southeast Alaska Fishery Management 

Area 

•Revised language to clarify 

restrictions and exceptions to the 

accumulation of harvest limits of fish 

between Federal subsistence and State 

fisheries. The Board adopted this 

recommendation, which was different 

than the Southeast Alaska Regional 

Advisory Council recommendation, for 

conservation purposes. 

Norton Sound- Port Clarence Fishery 

Management Area 

•Closed the Federal public waters of 

the Unalakleet River, upstream from the 

mouth of the Chirosky River to the 

taking of Chinook salmon from July 1- 

31. 

Cook Inlet Fishery Management Area 

•Revised and clarified the 

requirements for the marking of fish and 

information recorded on permits and 

better defined the lower boundary of the 

Kasilof River fishing area. 

• Aligned slot size limit for early-run 

Chinook salmon in the Kenai River with 

State regulation, and revised daily 

harvest and possession limits for lake 

trout in Hidden Lake to be consistent 

with the current harvest limit scheme 

resulting from changes to State 

regulations. 

These final regulations reflect Board 

review and consideration of Regional 

Council recommendations and public 

comments. All Board members have 

reviewed this rule and agree with its 

substance. Because this rule concerns 

public lands managed by an agency or 

agencies in both the Departments of 

Agriculture and the Interior, identical 

text will be incorporated into 36 CFR 

part 242 and 50 CFR part 100. 

Conformance with Statutory and 

Regulatory Authorities 

Administrative Procedure Act 

Compliance 

The Board has provided extensive 

opportunity for public input and 

involvement in compliance with 

Administrative Procedure Act 

requirements, including participation in 

multiple Regional Council meetings, 

additional public review and comment 

on all proposals for regulatory change, 

and opportunity for additional public 

comment during the Board meeting 

prior to deliberation. Additionally, an 

administrative mechanism exists (and 

has been used by the public) to request 

reconsideration of the Board’s decision 

on any particular proposal for regulatory 

change. Therefore, we believe that 

sufficient public notice has been given 

to affected persons about the Board 

decisions. 

In the more than 19 years the Program 

has been operating, no benefit to the 

public has been demonstrated by 

delaying the effective date of the 

subsistence regulations. A lapse in 

regulatory control could affect the 

continued viability of fish or wildlife 

populations and future subsistence 

opportunities for rural Alaskans, and 

would generally fail to serve the overall 

public interest. Therefore, the Board 

finds good cause pursuant to 5 U.S.C. 

553(d)(3) to make this rule effective 

upon the date set forth in DATES to 

ensure continued operation of the 

subsistence program. 

National Environmental Policy Act 

A Draft Environmental Impact 

Statement (DEIS) that described four 

alternatives for developing a Federal 

Subsistence Management Program was 

distributed for public comment on 

October 7, 1991. The Final 

Environmental Impact Statement (FEIS) 

was published on February 28, 1992. 

The Record of Decision (ROD) on 

Subsistence Management for Federal 

Public Lands in Alaska was signed April 

6, 1992. The selected alternative in the 

FEIS (Alternative IV) defined the 

administrative framework of an annual 

regulatory cycle for subsistence 

regulations. The following Federal 

Register documents pertain to this 

rulemaking: 

TABLE 2: SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: FEDERAL

REGISTER DOCUMENTS PERTAINING TO THE FINAL RULE

Federal Register 

citation: Date of publication: Category: Details: 

57 FR 22940 ............ May 29, 1992 .......... Final Rule ................ ‘‘Subsistence Management Regulations for Public Lands in Alaska; Final 

Rule’’ was published in the Federal Register. 


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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations 14053 

TABLE 2: SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: FEDERAL

REGISTER DOCUMENTS PERTAINING TO THE FINAL RULE—Continued 

Federal Register 

citation: Date of publication: Category: Details: 

64 FR 1276 .............. January 8, 1999 ...... Final Rule ................ Amended the regulations to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water 

right and to identify specific Federal land units where reserved water 

rights exist. Extended the Federal Subsistence Board’s management to 

all Federal lands selected under the Alaska Native Claims Settlement 

Act and the Alaska Statehood Act and situated within the boundaries of 

a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an Alaska Native Corporation. Specified and clarified the Secretaries’ authority to determine when hunting, 

fishing, or trapping activities taking place in Alaska off the public lands 

interfere with the subsistence priority. 

66 FR 31533 ............ June 12, 2001 ......... Interim Rule ............. Expanded the authority that the Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary 

restrictions, closures, or openings. 

67 FR 30559 ............ May 7, 2002 ............ Final Rule ................ Amended the operating regulations in response to comments on the June 

12, 2001, interim rule. Also corrected some inadvertent errors and oversights of previous rules. 

68 FR 7703 .............. February 18, 2003 ... Direct Final Rule ...... Clarified how old a person must be to receive certain subsistence use 

permits and removed the requirement that Regional Councils must 

have an odd number of members. 

68 FR 23035 ............ April 30, 2003 .......... Affirmation of Direct 

Final Rule.

Because we received no adverse comments on the direct final rule (67 

FR 30559), we adopted the direct final rule. 

69 FR 60957 ............ October 14, 2004 .... Final Rule ................ Clarified the membership qualifications for Regional Advisory Council 

membership and relocated the definition of ‘‘regulatory year’’ from subpart A to subpart D of the regulations. 

70 FR 76400 ............ December 27, 2005 Final Rule ................ Revised jurisdiction in marine waters and clarified jurisdiction relative to 

military lands. 

71 FR 49997 ............ August 24, 2006 ...... Final Rule ................ Revised the jurisdiction of the subsistence program by adding submerged 

lands and waters in the area of Makhnati Island, near Sitka, AK. This 

allowed subsistence users to harvest marine resources in this area 

under seasons, harvest limits, and methods specified in the regulations. 

72 FR 25688 ............ May 7, 2007 ............ Final Rule ................ Revised nonrural determinations. 

A 1997 environmental assessment 

dealt with the expansion of Federal 

jurisdiction over fisheries and is 

available at the office listed under FOR

FURTHER INFORMATION CONTACT. The 

Secretary of the Interior, with 

concurrence of the Secretary of 

Agriculture, determined that expansion 

of Federal jurisdiction does not 

constitute a major Federal action 

significantly affecting the human 

environment and, therefore, signed a 

Finding of No Significant Impact. 

Section 810 of ANILCA 

The intent of all Federal subsistence 

regulations is to accord subsistence uses 

of fish and wildlife on public lands a 

priority over the taking of fish and 

wildlife on such lands for other 

purposes, unless restriction is necessary 

to conserve healthy fish and wildlife 

populations. A Section 810 analysis was 

completed as part of the FEIS process. 

The final Section 810 analysis 

determination appeared in the April 6, 

1992, ROD, which concluded that the 

Federal Subsistence Management 

Program may have some local impacts 

on subsistence uses, but the program is 

not likely to significantly restrict 

subsistence uses. 

Paperwork Reduction Act 

This rule does not contain any new 

information collection requirements that 

need Office of Management and Budget 

(OMB) approval under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). This rule applies to the use of 

public lands in Alaska. The information 

collection requirements described in 

this rule are already approved by OMB 

and have been assigned control number 

1018–0075, which expires October 31, 

2009. We may not conduct or sponsor 

and you are not required to respond to 

a collection of information request 

unless it displays a currently valid OMB 

control number. 

Regulatory Planning and Review 

(Executive Order 12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant and has not reviewed 

this rule under Executive Order 12866. 

OMB bases its determination upon the 

following four criteria: 

(a)Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b)Whether the rule will create 

inconsistencies with other agencies’ 

actions. 

(c)Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d)Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act 

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 effect 

on a substantial number of small 

entities, which include small 

businesses, organizations, or 

governmental jurisdictions. In general, 

the resources to be harvested under this 

rule are already being harvested and 

consumed by the local harvester and do 

not result in an additional dollar benefit 

to the economy. However, we estimate 

that 2 million pounds of meat are 

harvested by subsistence users annually 

and, if given an estimated dollar value 


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of $3.00 per pound, this amount would 

equate to about $6 million in food value 

statewide. Based upon the amounts and 

values cited above, the Departments 

certify 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. 

Small Business Regulatory Enforcement 

Fairness Act 

Under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 801 

et seq.), this rule is not a major rule. It 

does not have an effect on the economy 

of $100 million or more, will not cause 

a major increase in costs or prices for 

consumers, and does not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Executive Order 12630 

Title VIII of ANILCA requires the 

Secretaries to administer a subsistence 

priority 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. 

Unfunded Mandates Reform Act 

The Secretaries have determined and 

certify 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 there is no cost 

imposed on any State or local entities or 

tribal governments. 

Executive Order 12988 

The Secretaries have determined that 

these regulations meet the applicable 

standards provided in Sections 3(a) and 

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

regarding civil justice reform. 

Executive Order 13132 

In accordance with Executive Order 

13132, the rule does not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism Assessment. 

Title VIII of ANILCA precludes the State 

from exercising subsistence 

management authority over fish and 

wildlife resources on Federal lands 

unless it meets certain requirements. 

Executive Order 13175 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on Federally 

recognized Indian tribes and have 

determined that there are no substantial 

direct effects. The Bureau of Indian 

Affairs is a participating agency in this 

rulemaking. 

Executive Order 13211 

Executive Order 13211 requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. This rule is not a significant 

regulatory action under Executive Order 

13211, affecting energy supply, 

distribution, or use, and no Statement of 

Energy Effects is required. 

Drafting Information 

Theo Matuskowitz drafted these 

regulations under the guidance of Peter 

J. Probasco of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Additional 

assistance was provided by: 

• Daniel Sharp, Alaska State Office, 

Bureau of Land Management; 

• Sandy Rabinowitch and Nancy 

Swanton, Alaska Regional Office, 

National Park Service; 

• Drs. Warren Eastland and Glenn 

Chen, Alaska Regional Office, Bureau of 

Indian Affairs; 

• Jerry Berg and Carl Jack, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; and 

• Steve Kessler, Alaska Regional 

Office, U.S. Forest Service. 

List of subjects in 36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

List of subjects in 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, §___.24(a)(2) is revised 

to read as follows: 

§ ___.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: 

Fish Determinations 

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. 


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Fish Determinations—Continued 

Area Species Determination 

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. 

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. 

Remainder of the Bristol Bay Area. All fish. Residents of the Bristol Bay Area. 

ALEUTIAN ISLANDS AREA 

All fish. Residents of the Aleutian Islands Area and 

the Pribilof Islands. 

ALASKA PENINSULA AREA 

All other fish in the Alaska Peninsula Area. Residents of the Alaska Peninsula Area. 

CHIGNIK AREA 

Salmon and fish other than rainbow/steelhead 

trout. 

Residents of the Chignik Area. 

KODIAK AREA 


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Fish Determinations—Continued 

Area Species Determination 

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 

including the Kenai River drainage within the 

Kenai National Wildlife Refuge and the Chugach National Forest. 

All fish. Residents of the communities of Hope and 

Cooper Landing. 

Kenai Peninsula District—Waters north of and 

including the Kenai River drainage within the 

Kenai National Wildlife Refuge and the Chugach National Forest. 

Salmon. Residents of the community of 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 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. 

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, Paxson-Sourdough, Slana, 

Tanacross, Tazlina, Tetlin, Tok, Tonsina, 

and those individuals that live along the Tok 

Cutoff from Tok to Mentasta Pass, and 

along the Nabesna Road. 

Waters of the Prince William Sound Area, 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. 


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Fish Determinations—Continued 

Area Species Determination 

Chitina Subdistrict of the Upper Copper River 

District. 

Salmon. Residents of Cantwell, Chickaloon, 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. 

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. 

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. 


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Fish Determinations—Continued 

Area Species Determination 

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 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 9—Section 9B north of the latitude of 

Swain Point. 

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 134o30’ 

West longitude, including Killisnoo Island. 

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 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 134o30’ 

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. 

* * * * * 

Subpart D—Subsistence Taking of 

Fish and Wildlife 

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

50 CFR part 100, §___.27 is added to 

read as follows: 

§ ___.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 §___.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 


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or shellfish. The escape mechanisms are 

as follows: 

(i) A sidewall, which may include the 

tunnel, of all shellfish and bottomfish 

pots must contain an opening equal to 

or exceeding 18 inches in length, except 

that in shrimp pots the opening must be 

a minimum of 6 inches in length. The 

opening must be laced, sewn, or secured 

together by a single length of untreated, 

100 percent cotton twine, no larger than 

30 thread. The cotton twine may be 

knotted at each end only. The opening 

must be within 6 inches of the bottom 

of the pot and must be parallel with it. 

The cotton twine may not be tied or 

looped around the web bars. Dungeness 

crab pots may have the pot lid tie-down 

straps secured to the pot at one end by 

a single loop of untreated, 100 percent 

cotton twine no larger than 60 thread, or 

the pot lid must be secured so that, 

when the twine degrades, the lid will no 

longer be securely closed; 

(ii) All king crab, Tanner crab, 

shrimp, miscellaneous shellfish and 

bottomfish pots may, instead of 

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

this section, satisfy the following: a 

sidewall, which may include the tunnel, 

must contain an opening at least 18 

inches in length, except that shrimp 

pots must contain an opening at least 6 

inches in length. The opening must be 

laced, sewn, or secured together by a 

single length of treated or untreated 

twine, no larger than 36 thread. A 

galvanic timed-release device, designed 

to release in no more than 30 days in 

saltwater, must be integral to the length 

of twine so that, when the device 

releases, the twine will no longer secure 

or obstruct the opening of the pot. The 

twine may be knotted only at each end 

and at the attachment points on the 

galvanic timed-release device. The 

opening must be within 6 inches of the 

bottom of the pot and must be parallel 

with it. The twine may not be tied or 

looped around the web bars. 

(3) For subsistence fishing for salmon, 

you may not use a gillnet exceeding 50 

fathoms in length, unless otherwise 

specified in this section. The gillnet web 

must contain at least 30 filaments of 

equal diameter or at least 6 filaments, 

each of which must be at least 0.20 

millimeter in diameter. 

(4) Except as otherwise provided for 

in this section, you may not obstruct 

more than one-half the width of any 

stream with any gear used to take fish 

for subsistence uses. 

(5) You may not use live 

nonindigenous fish as bait. 

(6) You must have your first initial, 

last name, and address plainly and 

legibly inscribed on the side of your fish 

wheel facing midstream of the river. 

(7) You may use kegs or buoys of any 

color but red on any permitted gear, 

except in the following areas where kegs 

or buoys of any color, including red, 

may be used: 

(i) Yukon–Northern Area; and 

(ii) Kuskokwim Area. 

(8) You must have your first initial, 

last name, and address plainly and 

legibly inscribed on each keg, buoy, 

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 regulates 

customary trade differently for separate 

regions of the State. 

(i) Bristol Bay Fishery Management 

Area—The total cash value per 

household of salmon taken within 

Federal jurisdiction in the Bristol Bay 

Fishery Management Area and 

exchanged in customary trade to rural 

residents may not exceed $500.00 

annually. 

(ii) Upper Copper River District—The 

total number of salmon per household 

taken within the Upper Copper River 

District and exchanged in customary 

trade to rural residents may not exceed 

50% of the annual harvest of salmon by 

the household. No more than 50% of the 

annual household limit may be sold 

under paragraphs ___.27(c)(11) and (12) 

when taken together. These customary 

trade sales must be immediately 

recorded on a customary trade 

recordkeeping form. The recording 

requirement and the responsibility to 

ensure the household limit is not 

exceeded rests with the seller. 

(12) Transactions between a rural 

resident and others. In customary trade, 

a rural resident may trade fish, their 

parts, or their eggs, legally taken under 

the regulations in this part, for cash 

from individuals other than rural 

residents if the individual who 

purchases the fish, their parts, or their 

eggs uses them for personal or family 

consumption. If you are not a rural 

resident, you may not sell fish, their 

parts, or their eggs taken under the 

regulations in this part. The Board may 

recognize regional differences and 

regulates customary trade differently for 

separate regions of the State. 

(i) Bristol Bay Fishery Management 

Area—The total cash value per 

household of salmon taken within 

Federal jurisdiction in the Bristol Bay 

Fishery Management Area and 

exchanged in customary trade between 

rural residents and individuals other 

than rural residents may not exceed 

$400.00 annually. These customary 

trade sales must be immediately 

recorded on a customary trade 

recordkeeping form. The recording 

requirement and the responsibility to 

ensure the household limit is not 

exceeded rest with the seller. 

(ii) Upper Copper River District—The 

total cash value of salmon per 

household taken within the Upper 

Copper River District and exchanged in 

customary trade between rural residents 

and individuals other than rural 

residents may not exceed $500.00 

annually. No more than 50% of the 

annual household limit may be sold 

under paragraphs ___.27(c)(11) and (12) 

when taken together. These customary 

trade sales must be immediately 

recorded on a customary trade 

recordkeeping form. The recording 

requirement and the responsibility to 

ensure the household limit is not 

exceeded rest with the seller. 

(13) No sale to, nor purchase by, 

fisheries businesses. 

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

or their eggs taken under the regulations 

in this part to any individual, business, 

or organization required to be licensed 

as a fisheries business under Alaska 

Statute AS 43.75.011 (commercial 

limited-entry permit or crew license 

holders excluded) or to any other 

business as defined under Alaska 

Statute 43.70.110(1) as part of its 

business transactions. 

(ii) If you are required to be licensed 

as a fisheries business under Alaska 

Statute AS 43.75.011 (commercial 

limited-entry permit or crew license 

holders excluded) or are a business as 

defined under Alaska Statute 

43.70.110(1), you may not purchase, 

receive, or sell fish, their parts, or their 

eggs taken under the regulations in this 

part as part of your business 

transactions. 

(14) Except as provided elsewhere in 

this section, you may not take rainbow/ 

steelhead trout. 

(15) You may not use fish taken for 

subsistence use or under subsistence 

regulations in this part as bait for 

commercial or sport fishing purposes. 

(16) Unless specified otherwise in this 

section, you may use a rod and reel to 


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take fish without a subsistence fishing 

permit. Harvest limits applicable to the 

use of a rod and reel to take fish for 

subsistence uses shall be as follows: 

(i) If you are required to obtain a 

subsistence fishing permit for an area, 

that permit is required to take fish for 

subsistence uses with rod and reel in 

that area. The harvest and possession 

limits for taking fish with a rod and reel 

in those areas are the same as indicated 

on the permit issued for subsistence 

fishing with other gear types; 

(ii) Except as otherwise provided for 

in this section, if you are not required 

to obtain a subsistence fishing permit 

for an area, the harvest and possession 

limits for taking fish for subsistence 

uses with a rod and reel are the same 

as for taking fish under State of Alaska 

subsistence fishing regulations in those 

same areas. If the State does not have a 

specific subsistence season and/or 

harvest limit for that particular species, 

the limit shall be the same as for taking 

fish under State of Alaska sport fishing 

regulations. 

(17) Unless restricted in this section, 

or unless restricted under the terms of 

a subsistence fishing permit, you may 

take fish for subsistence uses at any 

time. 

(18) Provisions on ADF&G subsistence 

fishing permits that are more restrictive 

or in conflict with the provisions 

contained in this section do not apply 

to Federal subsistence users. 

(19) You may not intentionally waste 

or destroy any subsistence-caught fish 

or shellfish; however, you may use for 

bait or other purposes, whitefish, 

herring, and species for which harvest 

limits, seasons, or other regulatory 

methods and means are not provided in 

this section, as well as the head, tail, 

fins, and viscera of legally taken 

subsistence fish. 

(20) The taking of fish from waters 

within Federal jurisdiction is authorized 

outside of published open seasons or 

harvest limits if the harvested fish will 

be used for food in traditional or 

religious ceremonies that are part of 

funerary or mortuary cycles, including 

memorial potlatches, provided that: 

(i) Prior to attempting to take fish, the 

person (or designee) or Tribal 

Government organizing the ceremony 

contacts the appropriate Federal 

fisheries manager to provide the nature 

of the ceremony, the parties and/or 

clans involved, the species and the 

number of fish to be taken, and the 

Federal waters from which the harvest 

will occur; 

(ii) The taking does not violate 

recognized principles of fisheries 

conservation, and uses the methods and 

means allowable for the particular 

species published in the applicable 

Federal regulations (the Federal 

fisheries manager will establish the 

number, species, or place of taking if 

necessary for conservation purposes); 

(iii) Each person who takes fish under 

this section must, as soon as practical, 

and not more than 15 days after the 

harvest, submit a written report to the 

appropriate Federal fisheries manager, 

specifying the harvester’s name and 

address, the number and species of fish 

taken, and the date and locations of the 

taking; and 

(iv) No permit is required for taking 

under this section; however, the 

harvester must be eligible to harvest the 

resource under Federal regulations. 

(d) [Reserved]. 

(e) Fishing permits and reports. 

(1) You may take salmon only under 

the authority of a subsistence fishing 

permit, unless a permit is specifically 

not required in a particular area by the 

subsistence regulations in this part, or 

unless you are retaining salmon from 

your commercial catch consistent with 

paragraph (f) of this section. 

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

Office of Subsistence Management may 

issue a permit to harvest fish for a 

qualifying cultural/educational program 

to an organization that has been granted 

a Federal subsistence permit for a 

similar event within the previous 5 

years. A qualifying program must have 

instructors, enrolled students, minimum 

attendance requirements, and standards 

for successful completion of the course. 

Applications must be submitted to the 

Office of Subsistence Management 60 

days prior to the earliest desired date of 

harvest. Permits will be issued for no 

more than 25 fish per culture/education 

camp. Appeal of a rejected request can 

be made to the Federal Subsistence 

Board. Application for an initial permit 

for a qualifying cultural/educational 

program, for a permit when the 

circumstances have changed 

significantly, when no permit has been 

issued within the previous 5 years, or 

when there is a request for harvest in 

excess of that provided in this 

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

the Federal Subsistence Board. 

(3) If a subsistence fishing permit is 

required by this section, the following 

permit conditions apply unless 

otherwise specified in this section: 

(i) You may not take more fish for 

subsistence use than the limits set out 

in the permit; 

(ii) You must obtain the permit prior 

to fishing; 

(iii) You must have the permit in your 

possession and readily available for 

inspection while fishing or transporting 

subsistence-taken fish; 

(iv) If specified on the permit, you 

must record, prior to leaving the harvest 

site, daily records of the catch, showing 

the number of fish taken by species, 

location and date of catch, and other 

such information as may be required for 

management or conservation purposes; 

and 

(v) If the return of catch information 

necessary for management and 

conservation purposes is required by a 

fishing permit and you fail to comply 

with such reporting requirements, you 

are ineligible to receive a subsistence 

permit for that activity during the 

following calendar year, unless you 

demonstrate that failure to report was 

due to loss in the mail, accident, 

sickness, or other unavoidable 

circumstances. You must also return 

any tags or transmitters that have been 

attached to fish for management and 

conservation purposes. 

(f) Relation to commercial fishing 

activities. 

(1) If you are a Federally qualified 

subsistence user who also commercial 

fishes, you may retain fish for 

subsistence purposes from your 

lawfully-taken commercial catch. 

(2) When participating in a 

commercial and subsistence fishery at 

the same time, you may not use an 

amount of combined fishing gear in 

excess of that allowed under the 

appropriate commercial fishing 

regulations. 

(g) You may not possess, transport, 

give, receive, or barter subsistence-taken 

fish or their parts which have been 

taken contrary to Federal law or 

regulation or State law or regulation 

(unless superseded by regulations in 

this part). 

(h) [Reserved]. 

(i) Fishery management area 

restrictions. 

(1) Kotzebue Area. The Kotzebue Area 

includes all waters of Alaska between 

the latitude of the westernmost tip of 

Point Hope and the latitude of the 

westernmost tip of Cape Prince of 

Wales, including those waters draining 

into the Chukchi Sea. 

(i) You may take fish for subsistence 

purposes without a permit. 

(ii) You may take salmon only by 

gillnets, beach seines, or a rod and reel. 

(iii) In the Kotzebue District, you may 

take sheefish with gillnets that are not 

more than 50 fathoms in length, nor 

more than 12 meshes in depth, nor have 

a stretched-mesh size larger than 7 

inches. 

(iv) You may not obstruct more than 

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

slough with any gear used to take fish 

for subsistence uses, except from May 

15 to July 15 and August 15 to October 


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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 2c to 4c 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 4c inches, and with beach seines; 

(B) In the Unalakleet River from June 

1 through July 15, you may take salmon 

only from 8:00 a.m. Monday until 8:00 

p.m. Saturday. 

(C) Federal public waters of the 

Unalakleet River, upstream from the 

mouth of the Chirosky River, are closed 

to the taking of Chinook salmon from 

July 1 to July 31, by all users. The BLM 

field manager is authorized to open the 

closed area to Federally qualified 

subsistence users or to all users when 

run strength warrants. 

(iii) You may take salmon only by 

gillnets, beach seines, fish wheel, or a 

rod and reel. 

(iv) You may take fish other than 

salmon by set gillnet, drift gillnet, beach 

seine, fish wheel, pot, long line, fyke 

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

and reel. 

(v) In the Unalakleet River from June 

1 through July 15, you may not operate 

more than 25 fathoms of gillnet in the 

aggregate nor may you operate an 

unanchored gillnet. 

(vi) Only one subsistence fishing 

permit will be issued to each household 

per year. 

(3) Yukon–Northern Area. The 

Yukon–Northern Area includes all 

waters of Alaska between the latitude of 

Point Romanof and the latitude of the 

westernmost point of the Naskonat 

Peninsula, including those waters 

draining into the Bering Sea, and all 

waters of Alaska north of the latitude of 

the westernmost tip of Point Hope and 

west of 141° West longitude, including 

those waters draining into the Arctic 

Ocean and the Chukchi Sea. 

(i) Unless otherwise restricted in this 

section, you may take fish in the 

Yukon–Northern Area at any time. You 

may subsistence fish for salmon with 

rod and reel in the Yukon River 

drainage 24 hours per day, 7 days per 

week, unless rod and reel are 

specifically otherwise restricted in 

§___.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 6:00 p.m. Sunday 

until 6:00 p.m. Tuesday and from 6:00 

p.m. Wednesday until 6:00 p.m. Friday; 

(C) In District 6, excluding the 

Kantishna River drainage, salmon may 

be taken from 6:00 p.m. Friday until 

6:00 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 6:00 p.m. Friday until 

6:00 p.m. Sunday; 

(B) In District 5, excluding the Tozitna 

River drainage and Subdistrict 5D, 

salmon may not be taken from 6:00 p.m. 

Sunday until 6:00 p.m. Tuesday. 

(v) Except as provided in this section, 

and except as may be provided by the 

terms of a subsistence fishing permit, 

you may take fish other than salmon at 

any time. 

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

4A, excluding the Koyukuk and Innoko 

River drainages, you may not take 

salmon for subsistence purposes during 

the 24 hours immediately before the 

opening of the State commercial salmon 

fishing season. 

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

(A) After the opening of the State 

commercial salmon fishing season 

through July 15, you may not take 

salmon for subsistence for 18 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period; 

(B) After July 15, you may not take 

salmon for subsistence for 12 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period. 

(viii) In Subdistrict 4A after the 

opening of the State commercial salmon 

fishing season, you may not take salmon 

for subsistence for 12 hours 

immediately before, during, and for 12 

hours after each State commercial 

salmon fishing period; however, you 

may take Chinook salmon during the 

State commercial fishing season, with 

drift gillnet gear only, from 6:00 p.m. 

Sunday until 6:00 p.m. Tuesday and 

from 6:00 p.m. Wednesday until 6:00 

p.m. Friday. 

(ix) You may not subsistence fish in 

the following drainages located north of 

the main Yukon River: 

(A) Kanuti River upstream from a 

point 5 miles downstream of the State 

highway crossing; 

(B) Bonanza Creek; 

(C) Jim River including Prospect and 

Douglas Creeks. 

(x) You may not subsistence fish in 

the Delta River. 

(xi) In Beaver Creek downstream from 

the confluence of Moose Creek, a gillnet 

with mesh size not to exceed 3-inches 

stretch-measure may be used from June 

15 through September 15. You may 

subsistence fish for all non-salmon 

species but may not target salmon 

during this time period (retention of 

salmon taken incidentally to 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 


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during the State commercial salmon 

fishing season using gillnets with 

stretched-mesh larger than 6-inches 

after a date specified by ADF&G 

emergency order issued between July 10 

and July 31. 

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

not take salmon for subsistence 

purposes by drift gillnets, except as 

follows: 

(A) In Subdistrict 4A upstream from 

the mouth of Stink Creek, you may take 

Chinook salmon by drift gillnets less 

than 150 feet in length from June 10 

through July 14, and chum salmon by 

drift gillnets after August 2; 

(B) In Subdistrict 4A downstream 

from the mouth of Stink Creek, you may 

take Chinook salmon by drift gillnets 

less than 150 feet in length from June 10 

through July 14; 

(C) In the Yukon River mainstem, 

Subdistricts 4B and 4C with a Federal 

subsistence fishing permit, you may 

take Chinook salmon during the weekly 

subsistence fishing opening(s) by drift 

gillnets no more than 150 feet long and 

no more than 35 meshes deep, from 

June 10 through July 14. 

(xvi) Unless otherwise specified in 

this section, you may take fish other 

than salmon 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 

of150fathoms 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. 

(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 byparagraph (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 


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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 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. 

(xvi) You may take rainbow trout only 

in accordance with the following 

restrictions: 

(A) You may take rainbow trout only 

by the use of gillnets, dip nets, fyke 

nets, handline, spear, rod and reel, or 

jigging through the ice; 

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

or fyke nets for targeting rainbow trout 

from March 15 through June 15; 

(C) If you take rainbow trout 

incidentally in other subsistence net 

fisheries and through the ice, you may 

retain them for subsistence purposes; 

(D) There are no harvest limits with 

handline, spear, rod and reel, or jigging. 

(5) Bristol Bay Area. The Bristol Bay 

Area includes all waters of Bristol Bay, 

including drainages enclosed by a line 

from Cape Newenham to Cape 

Menshikof. 

(i) Unless restricted in this section, or 

unless under the terms of a subsistence 

fishing permit, you may take fish at any 

time in the Bristol Bay area. 

(ii) In all State commercial salmon 

districts, from May 1 through May 31 

and October 1 through October 31, you 

may subsistence fish for salmon only 

from 9:00 a.m. Monday until 9:00 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 9:00 a.m. 

June 23 through 9:00 a.m. July 17, you 

may take salmon only during the 

following times: from 9:00 a.m. Tuesday 

to 9:00 a.m. Wednesday and from 9:00 

a.m. Saturday to 9:00 a.m. Sunday. 

(iv) You may not take fish from 

waterswithin 300 feet of a stream mouth 

used by salmon. 

(v) You may not subsistence fish with 

nets in the Tazimina River and within 

one-fourth mile of the terminus of those 

waters during the period from 

September 1 through June 14. 

(vi) Within any district, you may take 

salmon, herring, and capelin by set 

gillnets only. 

(vii) Outside the boundaries of any 

district, unless otherwise specified, you 

may take salmon by set gillnet only. 

(A)You may also take salmon by spear 

in the Togiak River, excluding its 

tributaries. 

(B) You may also use drift gillnets not 

greater than 10 fathoms in length to take 

salmon in the Togiak River in the first 

two river miles upstream from the 

mouth of the Togiak River to the ADF&G 

regulatory markers. 

(C) You may also take salmon without 

a permit in Lake Clark and its tributaries 

by snagging (by handline or rod and 

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

capturing by bare hand. 

(D) You may also take salmon by 

beach seines not exceeding 25 fathoms 

in length in Lake Clark, excluding its 

tributaries. 

(E) You may also take fish (except 

rainbow trout) with a fyke net and lead 

in tributaries of Lake Clark and the 

tributaries of Sixmile Lake within and 

adjacent to the exterior boundaries of 

Lake Clark National Park and Preserve 

unless otherwise prohibited. 

(1) You may use a fyke net and lead 

only with a permit issued by the Federal 

in-season manager. 

(2) All fyke nets and leads must be 

attended at all times while in use. 

(3) All materials used to construct the 

fyke net and lead must be made of wood 

and be removed from the water when 

the fyke net and lead is no longer in use. 

(viii) The maximum lengths for set 

gillnets used to take salmon are as 

follows: 

(A) You may not use set gillnets 

exceeding 10 fathoms in length in the 

Egegik River; 

(B) In the remaining waters of the 

area, you may not use set gillnets 

exceeding 25 fathoms in length. 

(ix) You may not operate any part of 

a set gillnet within 300 feet of any part 

of another set gillnet. 

(x) You must stake and buoy each set 

gillnet. Instead of having the identifying 

information on a keg or buoy attached 

to the gillnet, you may plainly and 

legibly inscribe your first initial, last 

name, and subsistence permit number 

on a sign at or near the set gillnet. 

(xi) You may not operate or assist in 

operating subsistence salmon net gear 

while simultaneously operating or 

assisting in operating commercial 

salmon net gear. 

(xii) During State closed commercial 

herring fishing periods, you may not use 

gillnets exceeding 25 fathoms in length 

for the subsistence taking of herring or 

capelin. 

(xiii) You may take fish other than 

salmon, herring and capelin by gear 

listed in this part unless restricted 

under the terms of a subsistence fishing 

permit. 

(xiv) You may take salmon only under 

authority of a State subsistence salmon 

permit (permits are issued by ADF&G) 

except when using a Federal permit for 

fyke net and lead. 

(xv) Only one State subsistence 

fishing permit for salmon and one 

Federal permit for use of a fyke net and 

lead for all fish (except rainbow trout) 

may be issued to each household per 

year. 

(xvi) In the Togiak River section and 

the Togiak River drainage: 

(A) You may not possess coho salmon 

taken under the authority of a 

subsistence fishing permit unless both 

lobes of the caudal fin (tail) or the dorsal 

fin have been removed. 

(B) You may not possess salmon taken 

with a drift gillnet under the authority 

of a subsistence fishing permit unless 

both lobes of the caudal fin (tail) or the 

dorsal fin have been removed. 

(xvii) You may take rainbow trout 

only by rod and reel or jigging gear. 

Rainbow trout daily harvest and 

possession limits are 2 per day/2 in 

possession with no size limit from April 

10 through October 31 and 5 per day/ 

5 in possession with no size limit from 

November 1 through April 9. 

(xviii) If you take rainbow trout 

incidentally in other subsistence net 

fisheries, or through the ice, you may 

retain them for subsistence purposes. 

(6) Aleutian Islands Area. The 

Aleutian Islands Area includes all 

waters of Alaska west of the longitude 

of the tip of Cape Sarichef, east of 172° 

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 6:00 a.m. until 9:00 p.m. from 

January 1 through December 31, except 

as may be specified on a subsistence 

fishing permit. 

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

and Umnak Districts, you may take 

salmon at any time. 

(iv) You may not subsistence fish for 

salmon in the following waters: 

(A) The waters of Unalaska Lake, its 

tributaries and outlet stream; 


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(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 

andgillnet, 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. 

(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; 

(B) Trout Creek and within 500 yards 

outside its mouth. 

(vi) You may take salmon by seine, 

gillnet, rod and reel, or with gear 

specified on a subsistence fishing 

permit. You may also take salmon 

without a permit by snagging (by 

handline or rod and reel), using a spear, 

bow and arrow, or capturing by bare 

hand. 

(vii) You may take fish other than 

salmon by gear listed in this part unless 

restricted under the terms of a 

subsistence fishing permit. 

(viii) You may not use a set gillnet 

exceeding 100 fathoms in length. 

(ix) You may take no more than 250 

salmon for subsistence purposes unless 

otherwise specified on your subsistence 

fishing permit. 

(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 fishother 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, except those waters of Clark 

River and Home Creek from their 

confluence with Chignik Lake upstream 

1 mile. 

(A) In the open waters of Clark River 

and Home Creek you may take salmon 

by gillnet under the authority of a State 

permit. 

(B) In the open waters of Clark River 

and Home Creek you may take salmon 

by snagging (handline or rod and reel), 

spear, bow and arrow, or capture by 

hand without a permit. The daily 

harvest and possession limits using 

these methods are 5 per day and 5 in 

possession. 

(iii) You may take salmon, trout, and 

char only under the authority of a 

subsistence fishing permit. 

(iv) You must keep a record on your 

permit of subsistence-caught fish. You 

must complete the record immediately 

upon taking subsistence-caught fish and 

must return it no later than October 31. 

(v) If you hold a commercial fishing 

license, you may only subsistence fish 

for salmon as specified on a State 

subsistence salmon fishing permit. 

(vi) You may take salmon by seines, 

gillnets, rod and reel, or with gear 

specified on a subsistence fishing 

permit, except that in Chignik Lake, you 

may not use purse seines. You may also 

take salmon without a permit by 

snagging (by handline or rod and reel), 

using a spear, bow and arrow, or 

capturing by bare hand. 

(vii) You may take fish other than 

salmon by gear listed in this part unless 

restricted under the terms of a 

subsistence fishing permit. 

(viii) You may take no more than 250 

salmon for subsistence purposes unless 

otherwise specified on the subsistence 

fishing permit. 

(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 


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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’ 

Northlatitude, 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 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. 

(10) Cook Inlet Area. The Cook Inlet 

Area includes all waters of Alaska 

enclosed by a line extending east from 

Cape Douglas (58°51.10’ N.Lat.) and a 

line extending south from Cape Fairfield 

(148°50.25’ W. Long.). 

(i) Unless restricted in this section, or 

unless restricted under the terms of a 

subsistence fishing permit, you may 

take fish at any time in the Cook Inlet 

Area. If you take rainbow/steelhead 

trout incidentally in subsistence net 

fisheries, you may retain them for 

subsistence purposes, unless otherwise 

prohibited or provided for in this 

section. With jigging gear through the 

ice or rod and reel gear in open waters 

there is an annual limit of 2 rainbow/ 

steelhead trout 20 inches or longer, 

taken from Kenai Peninsula fresh 

waters. 

(ii) You may take fish by gear listed 

in this part unless restricted in this 

section or under the terms of a 

subsistence fishing permit (as may be 

modified by this section). For all fish 

that must be marked and recorded on a 

permit in this section, they must be 

marked and recorded prior to leaving 

the fishing site. The fishing site includes 

the particular Federal public waters 

and/or adjacent shoreline from which 

the fish were harvested. 

(iii) You may not take grayling or 

burbot for subsistence purposes. 

(iv) You may take only salmon, trout, 

Dolly Varden, and other char under 

authority of a Federal subsistence 

fishing permit. Seasons, harvest and 

possession limits, and methods and 

means for take are the same as for the 

taking of those species under Alaska 

sport fishing regulations (5 AAC 56 and 

5 AAC 57) unless modified herein. 

Additionally for Federally managed 

waters of the Kasilof and Kenai River 

drainages: 

(A) Residents of Ninilchik may take 

sockeye, Chinook, coho, and pink 

salmon through a dip net and a rod and 

reel fishery on the upper mainstem of 

the Kasilof River from a Federal 

regulatory marker on the river below the 

outlet of Tustumena Lake downstream 

to a marker on the river approximately 

2.8 miles below the Tustumena Lake 

boat ramp. Residents using rod and reel 

gear may fish with up to two baited 

single or treble hooks. Other species 

incidentally caught during the dip net 

and rod and reel fishery may be retained 

for subsistence uses, including up to 

200 rainbow/steelhead trout taken 

through August 15. After 200 rainbow/ 

steelhead trout have been taken in this 

fishery or after August 15, all rainbow/ 

steelhead trout must be released unless 

otherwise provided for in this section. 

Before leaving the fishing site, all 

retained fish must be recorded on the 

permit and marked by removing the 

dorsal fin. Harvests must be reported 

within 72 hours to the Federal fisheries 

manager upon leaving the fishing 

location. 

(1) Fishing for sockeye and Chinook 

salmon will be allowed from June 16– 

August 15. 

(2) Fishing for coho and pink salmon 

will be allowed from June 16–October 

31. 

(3) Fishing for sockeye, Chinook, 

coho, or pink salmon will end prior to 

regulatory end dates if the annual total 

harvest limit for that species is reached 

or superseded by Federal special action. 

(4) Each household may harvest their 

annual sockeye, Chinook, coho, or pink 

salmon limits in one or more days, and 

each household member may fish with 

a dip net or a rod and reel during this 

time. Salmon taken in the Kenai River 

system dip net and rod and reel fishery 

will be included as part of each 

household’s annual limit for the Kasilof 

River. 

(i) For sockeye salmon—annual total 

harvest limit of 4,000; annual household 

limits of 25 for each permit holder and 

5 additional for each household 

member; 

(ii) For Chinook salmon—annual 

harvest limit of 500; annual household 

limit of 10 for each permit holder and 

2 additional for each household 

member; 

(iii) For coho salmon—annual total 

harvest limit of 500; annual household 

limits of 10 for each permit holder and 

2 additional for each household 

member; and 

(iv) For pink salmon—annual total 

harvest limit of 500; annual household 

limits of 10 for each permit holder and 

2 additional for each household 

member. 

(B) In addition to the dip net and rod 

and reel fishery on the upper mainstem 

of the Kasilof River described under 

paragraph (i)(10)(iv)(A) of this section, 

residents of Ninilchik may also take 

coho and pink salmon through a rod 


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and reel fishery in Tustumena Lake. 

Before leaving the fishing site, all 

retained salmon must be recorded on 

the permit and marked by removing the 

dorsal fin. Seasons, areas, harvest and 

possession limits, and methods and 

means for take are the same as for the 

taking of these species under Alaska 

sport fishing regulations (5 AAC 56), 

except for the following methods and 

means, and harvest and possession 

limits: 

(1) Fishing will be allowed with up to 

2 baited single or treble hooks. 

(2) For coho salmon 16 inches and 

longer, the daily harvest and possession 

limits are 4 per day and 4 in possession. 

(3) For pink salmon 16 inches and 

longer, daily harvest and possession 

limits are 6 per day and 6 in possession. 

(C) Resident fish species including 

lake trout, rainbow/steelhead trout, and 

Dolly Varden/Arctic char may be 

harvested in Federally managed waters 

of the Kasilof River drainage. Resident 

fish species harvested in the Kasilof 

River drainage under the conditions of 

a Federal subsistence permit must be 

marked by removing the dorsal fin 

immediately after harvest and recorded 

on the permit prior to leaving the 

fishing site. 

(1) Lake trout may be harvested with 

rod and reel gear the entire year. For 

fish 20 inches or longer, daily harvest 

and possession limits are 4 per day and 

4 in possession. For fish less than 20 

inches, daily harvest and possession 

limits are 15 per day and 15 in 

possession. 

(2) Dolly Varden/Arctic char may be 

harvested with rod and reel gear the 

entire year. In flowing waters, daily 

harvest and possession limits are 4 per 

day and 4 in possession. In lakes and 

ponds, daily harvest and possession 

limits are 10 fish per day and 10 in 

possession 

(3) Rainbow trout may be harvested 

with rod and reel gear the entire year for 

fish less than 20 inches in length. In 

flowing waters, daily harvest and 

possession limits are 2 per day and 2 in 

possession. In lakes and ponds, daily 

harvest and possession limits are 5 per 

day and 5 in possession. 

(4) You may fish in Tustumena Lake 

with a gillnet, no longer than 10 

fathoms, fished under the ice or jigging 

gear used through the ice under 

authority of a Federal subsistence 

fishing permit. The total annual harvest 

quota for this fishery is 200 lake trout, 

200 rainbow trout, and 500 Dolly 

Varden/Arctic char. The use of a gillnet 

will be prohibited by special action after 

the harvest quota of any species has 

been met. For the jig fishery, annual 

household limits are 30 fish in any 

combination of lake trout, rainbow trout 

or Dolly Varden/Arctic char. 

(i) You may harvest fish under the ice 

only in Tustumena Lake. Gillnets are 

not allowed within a @ mile radius of the 

mouth of any tributary to Tustumena 

Lake, or the outlet of Tustumena Lake. 

(ii) Permits will be issued by the 

Federal fisheries manager or designated 

representative, and will be valid for the 

winter season, unless the season is 

closed by special action. 

(iii) All harvests must be reported 

within 72 hours to the Federal fisheries 

manager upon leaving the fishing 

location. Reported information must 

include number of each species caught; 

number of each species retained; length, 

depth (number of meshes deep) and 

mesh size of gillnet fished; location 

fished; and total hours fished. Harvest 

data on the permit must be filled out 

before transporting fish from the fishing 

site. 

(iv) The gillnet must be checked at 

least once in every 48–hour period. 

(v) For unattended gear, the 

permittee’s name and address must be 

plainly and legibly inscribed on a stake 

at one end of the gillnet. 

(vi) Incidentally caught fish may be 

retained and must be recorded on the 

permit before transporting fish from the 

fishing site. 

(vii) Failure to return the completed 

harvest permit by May 31 may result in 

issuance of a violation notice and/or 

denial of a future subsistence permit. 

(D) Residents of Hope, Cooper 

Landing, and Ninilchik may take only 

sockeye salmon through a dip net and 

a rod and reel fishery at one specified 

site on the Russian River, and sockeye, 

late-run Chinook, coho, and pink 

salmon through a dip net/rod and reel 

fishery at two specified sites on the 

Kenai River below Skilak Lake and as 

provided in this section. For Ninilchik 

residents, salmon taken in the Kasilof 

River Federal subsistence fish wheel, 

and dip net/rod and reel fishery will be 

included as part of each household’s 

annual limit for the Kenai and Russian 

Rivers’ dip net and rod and reel fishery. 

For both Kenai River fishing sites below 

Skilak Lake, incidentally caught fish 

may be retained for subsistence uses, 

except for early-run Chinook salmon 

(unless otherwise provided for), 

rainbow trout 18 inches or longer, and 

Dolly Varden 18 inches or longer, which 

must be released. For the Russian River 

fishing site, incidentally caught fish 

may be retained for subsistence uses, 

except for early- and late-run Chinook 

salmon, coho salmon, rainbow trout, 

and Dolly Varden, which must be 

released. Before leaving the fishing site, 

all retained fish must be recorded on the 

permit and marked by removing the 

dorsal fin. Harvests must be reported 

within 72 hours to the Federal fisheries 

manager upon leaving the fishing site, 

and permits must be returned to the 

manager by the due date listed on the 

permit. Chum salmon that are retained 

are to be included within the annual 

limit for sockeye salmon. Only residents 

of Hope and Cooper Landing may retain 

incidentally caught resident species. 

(1) The household dip net and rod 

and reel gear fishery is limited to three 

sites: 

(i) At the Kenai River Moose Range 

Meadows site, dip netting is allowed 

only from a boat from a Federal 

regulatory marker on the Kenai River at 

about river mile 29 downstream 

approximately 2.5 miles to another 

marker on the Kenai River at about river 

mile 26.5. Residents using rod and reel 

gear at this fishery site may fish from 

boats or from shore with up to 2 baited 

single or treble hooks from June 15 - 

August 31. Seasonal riverbank closures 

and motor boat restrictions are the same 

as those listed in State of Alaska fishing 

regulations (5 AAC 56 and 5 AAC 57 

and 5 AAC 77.540). 

(ii) At the Kenai River Mile 48 site, 

dip netting is allowed while either 

standing in the river or from a boat, 

from Federal regulatory markers on both 

sides of the Kenai River at about river 

mile 48 (approximately 2 miles below 

the outlet of Skilak Lake) downstream 

approximately 2.5 miles to a marker on 

the Kenai River at about river mile 45.5. 

Residents using rod and reel gear at this 

fishery site may fish from boats or from 

shore with up to 2 baited single or treble 

hooks from June 15 - August 31. 

Seasonal riverbank closures and motor 

boat restrictions are the same as those 

listed in State of Alaska fishing 

regulations (5 AAC 56, 5 AAC 57, and 

5 AAC 77.540). 

(iii) At the Russian River Falls site, 

dip netting is allowed from a Federal 

regulatory marker near the upstream 

end of the fish ladder at Russian River 

Falls downstream to a Federal 

regulatory marker approximately 600 

yards below Russian River Falls. 

Residents using rod and reel gear at this 

fishery site may not fish with bait at any 

time. 

(2) Fishing seasons are as follows: 

(i) For sockeye salmon at all fishery 

sites: June 15–August 15; 

(ii) For late-run Chinook, pink, and 

coho salmon at both Kenai River fishery 

sites only : July 16–September 30; and 

(iii) Fishing for sockeye, late-run 

Chinook, coho, or pink salmon will 

close by special action prior to 

regulatory end dates if the annual total 


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harvest limit for that species is reached 

or superseded by Federal special action. 

(3) Each household may harvest their 

annual sockeye, late-run Chinook, coho, 

or pink salmon limits in one or more 

days, and each household member may 

fish with a dip net or rod and reel 

during this time. Salmon taken in the 

Kenai River system dip net and rod and 

reel fishery by Ninilchik households 

will be included as part of those 

household’s annual limits for the 

Kasilof River. 

(i) For sockeye salmon—annual total 

harvest limit of 4,000 (including any 

retained chum salmon); annual 

household limits of 25 for each permit 

holder and 5 additional for each 

household member; 

(ii) For late-run Chinook salmon— 

annual total harvest limit of 1,000; 

annual household limits of 10 for each 

permit holder and 2 additional for each 

household member; 

(iii) For coho salmon—annual total 

harvest limit of 3,000; annual household 

limits of 20 for each permit holder and 

5 additional for each household 

member; and 

(iv) For pink salmon—annual total 

harvest limit of 2,000; annual household 

limits of 15 for each permit holder and 

5 additional for each household 

member. 

(E) For Federally managed waters of 

the Kenai River and its tributaries, in 

addition to the dip net and rod and reel 

fisheries on the Kenai and Russian 

rivers described under paragraph 

(i)(10)(iv)(D) of this section, residents of 

Hope, Cooper Landing, and Ninilchik 

may take sockeye, Chinook, coho, pink, 

and chum salmon through a separate 

rod and reel fishery in the Kenai River 

drainage. Before leaving the fishing site, 

all retained fish must be recorded on the 

permit and marked by removing the 

dorsal fin. Permits must be returned to 

the Federal fisheries manager by the due 

date listed on the permit. Incidentally 

caught fish, other than salmon, are 

subject to regulations found in 

paragraphs (i)(10) (iv)(F) and (G) of this 

section. Seasons, areas (including 

seasonal riverbank closures), harvest 

and possession limits, and methods and 

means (including motor boat 

restrictions) for take are the same as for 

the taking of these salmon species under 

State of Alaska fishing regulations (5 

AAC 56, 5 AAC 57 and 5 AAC 77.54), 

except for the following harvest and 

possession limits: 

(1) In the Kenai River below Skilak 

Lake, fishing is allowed with up to 2 

baited single or treble hooks from June 

15–August 31. 

(2) For early-run Chinook salmon less 

than 46 inches or 55 inches or longer, 

daily harvest and possession limits are 

2 per day and 2 in possession. 

(3) For late-run Chinook salmon 20 

inches and longer, daily harvest and 

possession limits are 2 per day and 2 in 

possession. 

(4) Annual harvest limits for any 

combination of early- and late-run 

Chinook salmon are 4 for each permit 

holder. 

(5) For other salmon 16 inches and 

longer, the combined daily harvest and 

possession limits are 6 per day and 6 in 

possession, of which no more than 4 per 

day and 4 in possession may be coho 

salmon, except for the Sanctuary Area 

and Russian River, for which no more 

than 2 per day and 2 in possession may 

be coho salmon. 

(F) For Federally managed waters of 

the Kenai River and its tributaries below 

Skilak Lake outlet at river mile 50, 

residents of Hope and Cooper Landing 

may take resident fish species including 

lake trout, rainbow trout, and Dolly 

Varden/Arctic char with jigging gear 

through the ice or rod and reel gear in 

open waters. Resident fish species 

harvested in the Kenai River drainage 

under the conditions of a Federal 

subsistence permit must be marked by 

removal of the dorsal fin immediately 

after harvest and recorded on the permit 

prior to leaving the fishing site. Seasons, 

areas (including seasonal riverbank 

closures), harvest and possession limits, 

and methods and means (including 

motor boat restrictions) for take are the 

same as for the taking of these resident 

species under State of Alaska fishing 

regulations (5 AAC 56, 5 AAC 57, and 

5 AAC 77.54), except for the following 

harvest and possession limits: 

(1) For lake trout 20 inches or longer, 

daily harvest and possession limits are 

4 per day and 4 in possession. For fish 

less than 20 inches, daily harvest and 

possession limits are 15 per day and 15 

in possession. 

(2) In flowing waters, daily harvest 

and possession limits for Dolly Varden/ 

Arctic char less than 18 inches in length 

are 1 per day and 1 in possession. In 

lakes and ponds, daily harvest and 

possession limits are 2 per day and 2 in 

possession. Only 1 of these fish can be 

20 inches or longer. 

(3) In flowing waters, daily harvest 

and possession limits for rainbow/ 

steelhead trout are 1 per day and 1 in 

possession and must be less than 18 

inches in length. In lakes and ponds, 

daily harvest and possession limits are 

2 per day and 2 in possession of which 

only 1 fish 20 inches or longer may be 

harvested daily. 

(G) For Federally managed waters of 

the upper Kenai River and its tributaries 

above Skilak Lake outlet at river mile 

50, residents of Hope and Cooper 

Landing may take resident fish species 

including lake trout, rainbow trout, and 

Dolly Varden/Arctic char with jigging 

gear through the ice or rod and reel gear 

in open waters. Resident fish species 

harvested in the Kenai River drainage 

under the conditions of a Federal 

subsistence permit must be marked by 

removal of the dorsal fin immediately 

after harvest and recorded on the permit 

prior to leaving the fishing site. Seasons, 

areas (including seasonal riverbank 

closures), harvest and possession limits, 

and methods and means (including 

motor boat restrictions) for take are the 

same as for the taking of these resident 

species under Alaska fishing regulations 

(5 AAC 56, 5 AAC 57, 5 AAC 77.54), 

except for the following harvest and 

possession limits: 

(1) For lake trout 20 inches or longer, 

daily harvest and possession limits are 

4 per day and 4 in possession. For fish 

less than 20 inches, daily harvest and 

possession limits are 15 fish per day and 

15 in possession. For Hidden Lake, 

daily harvest and possession limits are 

2 per day and 2 in possession regardless 

of size. 

(2) In flowing waters, daily harvest 

and possession limits for Dolly Varden/ 

Arctic char less than 16 inches are 1 per 

day and 1 in possession. In lakes and 

ponds, daily harvest and possession 

limits are 2 per day and 2 in possession 

of which only 1 fish 20 inches or longer 

may be harvested daily. 

(3) In flowing waters, daily harvest 

and possession limits for rainbow/ 

steelhead trout are 1 per day and 1 in 

possession and it must be less than 16 

inches in length. In lakes and ponds, 

daily harvest and possession limits are 

2 per day and 2 in possession of which 

only 1 fish 20 inches or longer may be 

harvested daily. 

(H) Residents of Ninilchik may 

harvest sockeye, Chinook, coho, and 

pink salmon through a fish wheel 

fishery in the Federal public waters of 

the upper mainstem of the Kasilof River. 

Residents of Ninilchik may retain other 

species incidentally caught in the 

Kasilof River except for rainbow/ 

steelhead trout, which must be released 

and returned unharmed to the water. 

(1) Only one fish wheel can be 

operated on the Kasilof River. The fish 

wheel must have a live box, must be 

monitored when fishing, must be 

stopped from fishing when it is not 

being monitored or used, and must be 

installed and operated in compliance 

with any regulations and restrictions for 

its use within the Kenai National 

Wildlife Refuge. 

(2) One registration permit will be 

available and will be awarded by the 


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Federal in-season fishery manager, in 

consultation with the Kenai National 

Wildlife Refuge manager, based on the 

merits of the operation plan. The 

registration permit will be issued to an 

organization that, as the fish wheel 

owner, will be responsible for its 

construction, installation, operation, 

use, and removal in consultation with 

the Federal fishery manager. The owner 

may not rent or lease the fish wheel for 

personal gain. As part of the permit, the 

organization must: 

(i) Prior to the season, provide a 

written operation plan to the Federal 

fishery manager including a description 

of how fishing time and fish will be 

offered and distributed among 

households and residents of Ninilchik; 

(ii) During the season, mark the fish 

wheel with a wood, metal, or plastic 

plate at least 12 inches high by 12 

inches wide that is permanently affixed 

and plainly visible, and that contains 

the following information in letters and 

numerals at least 1 inch high: 

registration permit number; 

organization’s name and address; and 

primary contact person name and 

telephone number; 

(iii) After the season, provide written 

documentation of required evaluation 

information to the Federal fishery 

manager including, but not limited to, 

person or households operating the gear, 

hours of operation, and number of each 

species caught and retained or released. 

(3) People operating the fish wheel 

must: 

(i) Have a valid Federal subsistence 

fishing permit in their possession; 

(ii) If they are not the fishwheel 

owner, attach an additional wood, 

metal, or plastic plate at least 12 inches 

high by 12 inches wide to the fish wheel 

that is plainly visible, and that contains 

their fishing permit number, name, and 

address in letters and numerals at least 

1 inch high; 

(iii) Remain on site to monitor the fish 

wheel and remove all fish at least every 

hour; 

(iv) Before leaving the site, mark all 

retained fish by removing their dorsal 

fin and record all retained fish on their 

fishing permit; and 

(v) Within 72 hours of leaving the site, 

report their harvest to the Federal 

fisheries manager. 

(4) The fish wheel owner 

(organization) may operate the fish 

wheel for subsistence purposes on 

behalf of residents of Ninilchik by 

requesting a subsistence fishing permit 

that: 

(i) Identifies a person who will be 

responsible for operating the fish wheel; 

(ii) Includes provisions for recording 

daily catches, the household to whom 

the catch was given, and other 

information determined to be necessary 

for effective resource management by 

the Federal fishery manager. 

(5) Fishing will be allowed from June 

16 through October 31 on the Kasilof 

River unless closed or otherwise 

restricted by Federal special action. 

(6) Salmon taken in the fish wheel 

fishery will be included as part of dip 

net/rod and reel fishery annual total 

harvest limits for the Kasilof River and 

as part of dip net/rod and reel 

household annual limits of participating 

households. 

(7) Fishing for each salmon species 

will end and the fishery will be closed 

by Federal special action prior to 

regulatory end dates if the annual total 

harvest limit for that species is reached 

or superseded by Federal special action. 

(8) This regulation expires December 

31, 2011, or 3 years after the first 

installation of the fish wheel, which 

ever comes first, or unless renewed by 

the Federal Subsistence Board. 

(9) You may take smelt with dip nets 

in fresh water only from April 1–June 

15. There are no harvest or possession 

limits for smelt. 

(10) Gillnets may not be used in fresh 

water, except for the taking of whitefish 

in the Tyone River drainage and as 

otherwise provided for in this Cook 

Inlet section. 

(11) Prince William Sound Area. The 

Prince William Sound Area includes all 

waters and drainages of Alaska between 

the longitude of Cape Fairfield and the 

longitude of Cape Suckling. 

(i) You may take fish, other than 

rainbow/steelhead trout, in the Prince 

William Sound Area only under 

authority of a subsistence fishing 

permit, except that a permit is not 

required to take eulachon. You make not 

take rainbow/steelhead trout, except as 

otherwise provided for in this 

§___.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 


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household with 2 or more persons, of 

which no more than 5 may be Chinook 

salmon taken by dipnet and no more 

than 5 Chinook taken by rod and reel. 

(xi) The following apply to Upper 

Copper River District subsistence 

salmon fishing permits: 

(A) Only one subsistence fishing 

permit per subdistrict will be issued to 

each household per year. If a household 

has been issued permits for both 

subdistricts in the same year, both 

permits must be in your possession and 

readily available for inspection while 

fishing or transporting subsistence-taken 

fish in either subdistrict. A qualified 

household may also be issued a 

Batzulnetas salmon fishery permit in the 

same year; 

(B) Multiple types of gear may be 

specified on a permit, although only one 

unit of gear may be operated at any one 

time; 

(C) You must return your permit no 

later than October 31 of the year in 

which the permit is issued, or you may 

be denied a permit for the following 

year; 

(D) A fish wheel may be operated only 

by one permit holder at one time; that 

permit holder must have the fish wheel 

marked as required by Section 

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

operations; 

(E) Only the permit holder and the 

authorized member(s) of the household 

listed on the subsistence permit may 

take salmon; 

(F) You must personally operate your 

fish wheel or dip net; 

(G) You may not loan or transfer a 

subsistence fish wheel or dip net permit 

except as permitted. 

(xii) If you are a fish wheel owner: 

(A) You must register your fish wheel 

with ADF&G or the Federal Subsistence 

Board; 

(B) Your registration number and a 

wood, metal, or plastic plate at least 12 

inches high by 12 inches wide bearing 

either your name and address, or your 

Alaska driver’s license number, or your 

Alaska State identification card number 

in letters and numerals at least 1 inch 

high, must be permanently affixed and 

plainly visible on the fish wheel when 

the fish wheel is in the water; 

(C) Only the current year’s registration 

number may be affixed to the fish 

wheel; you must remove any other 

registration number from the fish wheel; 

(D) You must check your fish wheel 

at least once every 10 hours and remove 

all fish; 

(E) You are responsible for the fish 

wheel; you must remove the fish wheel 

from the water at the end of the permit 

period; 

(F) You may not rent, lease, or 

otherwise use your fish wheel used for 

subsistence fishing for personal gain. 

(xiii) If you are operating a fish wheel: 

(A) You may operate only one fish 

wheel at any one time; 

(B) You may not set or operate a fish 

wheel within 75 feet of another fish 

wheel; 

(C) No fish wheel may have more than 

two baskets; 

(D) If you are a permittee other than 

the owner, you must attach an 

additional wood, metal, or plastic plate 

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 eligiblefor a separate household 

subsistence fishing permit for the Upper 

Copper River District; 

(D) The permit will include 

provisions for recording daily catches 

for each fish wheel; location and 

number of fish wheels; full legal name 

of the individual responsible for the 

lawful operation of each fish wheel as 

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

section; and other information 

determined to be necessary for effective 

resource management. 

(xv) You may take salmon in the 

vicinity of the former Native village of 

Batzulnetas only under the authority of 

a Batzulnetas subsistence salmon 

fishing permit available from the 

National Park Service under the 

following conditions: 

(A) You may take salmon only in 

those waters of the Copper River 

between National Park Service 

regulatory markers located near the 

mouth of Tanada Creek and 

approximately one-half mile 

downstream from that mouth and in 

Tanada Creek between National Park 

Service regulatory markers identifying 

the open waters of the creek; 

(B) You may use only fish wheels, dip 

nets, and rod and reel on the Copper 

River and only dip nets, spears, fyke 

nets, and rod and reel in Tanada Creek. 

One fyke net and associated lead may be 

used in Tanada Creek upstream of the 

National Park Service weir; 

(C) You may take salmon only from 

May 15 through September 30 or until 

the season is closed by special action; 

(D) You may retain Chinook salmon 

taken in a fish wheel in the Copper 

River. You must return to the water 

unharmed any Chinook salmon caught 

in Tanada Creek; 

(E) You must return the permit to the 

National Park Service no later than 

October 15 of the year the permit was 

issued; 

(F) You may only use a fyke net after 

consultation with the in-season 

manager. You must be present when the 

fyke net is actively fishing. You may 

take no more than 1,000 sockeye salmon 

in Tanada Creek with a fyke net; 

(xvi) You may take pink salmon for 

subsistence purposes from fresh water 

with a dip net from May 15 through 

September 30, 7 days per week, with no 

harvest or possession limits in the 

following areas: 

(A) Green Island, Knight Island, 

Chenega Island, Bainbridge Island, 

Evans Island, Elrington Island, Latouche 

Island, and adjacent islands, and the 

mainland waters from the outer point of 

Granite Bay located in Knight Island 

Passage to Cape Fairfield; 

(B) Waters north of a line from 

Porcupine Point to Granite Point, and 

south of a line from Point Lowe to 

Tongue Point. 

(12) Yakutat Area. The Yakutat Area 

includes all waters and drainages of 

Alaska between the longitude of Cape 

Suckling and the longitude of Cape 

Fairweather. 

(i) Unless restricted in this section or 

unless restricted under the terms of a 

subsistence fishing permit, you may 

take fish at any time in the Yakutat 

Area. 

(ii) You may take salmon, trout (other 

than steelhead), and char only under 

authority of a subsistence fishing 

permit. You may take steelhead trout 

only in the Situk and Ahrnklin Rivers 

and only under authority of a Federal 

subsistence fishing permit. 


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

incidentally by gear operated under the 

terms of a subsistence permit for 

salmon, you may retain them for 

subsistence purposes. You must report 

any salmon, trout, or char taken in this 

manner on your permit calendar. 

(iv) You may take fish by gear listed 

in this part unless restricted in this 

section or under the terms of a 

subsistence fishing permit. In areas 

where use of rod and reel is allowed, 

you may use artificial fly, lure, or bait 

when fishing with rod and reel, unless 

restricted by Federal permit. If you use 

bait, you must retain all Federally 

regulated fish species caught, and they 

apply to your applicable daily and 

annual harvest limits for that species. 

For streams with steelhead, once your 

daily or annual limit of steelhead is 

harvested, you may no longer fish with 

bait for any species. 

(v) In the Situk River, each 

subsistence salmon fishing permit 

holder shall attend his or hergillnet at 

all times when it is being used to take 

salmon. 

(vi) You may block up to two-thirds 

of a stream with a gillnet or seine used 

for subsistence fishing. 

(vii) You must immediately remove 

both lobes of the caudal (tail) fin from 

subsistence-caught salmon when taken. 

(viii) You may not possess 

subsistence-taken and sport-taken 

salmon on the same day. 

(ix) You must possess a subsistence 

fishing permit to take Dolly Varden. The 

daily harvest and possession limit is 10 

Dolly Varden of any size. 

(13) Southeastern Alaska Area. The 

Southeastern Alaska Area includes all 

waters between a line projecting 

southwest from the westernmost tip of 

Cape Fairweather and Dixon Entrance. 

(i) Unless restricted in this section or 

under the terms of a subsistence fishing 

permit, you may take fish other than 

salmon, trout, grayling, and char in the 

Southeastern Alaska Area at any time. 

(ii) You must possess a subsistence 

fishing permit to take salmon, trout, 

grayling, or char. You must possess a 

subsistence fishing permit to take 

eulachon from any freshwater stream 

flowing into fishing Sections 1C or 1D. 

(iii) In the Southeastern Alaska Area, 

a rainbow trout is defined as a fish of 

the species Oncorhyncus mykiss less 

than 22 inches in overall length. A 

steelhead is defined as a rainbow trout 

with an overall length of 22 inches or 

larger. 

(iv) In areas where use of rod and reel 

is allowed, you may use artificial fly, 

lure, or bait when fishing with rod and 

reel, unless restricted by Federal permit. 

If you use bait, you must retain all 

Federally regulated fish species caught, 

and they apply to your applicable daily, 

seasonal, and annual harvest limits for 

that species. 

(A) For streams with steelhead, once 

your daily, seasonal, or annual limit of 

steelhead is harvested, you may no 

longer fish with bait for any species. 

(B) Unless otherwise specified in this 

§___.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 

§___.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 not accumulate Federal 

subsistence harvest limits authorized for 

the Southeastern Alaska Area with any 

harvest limits authorized under any 

State of Alaska fishery with the 

following exception: Annual or seasonal 

Federal subsistence harvest limits may 

be accumulated with State sport fishing 

harvest limits provided that 

accumulation of harvest limits does not 

occur during the same day. 

(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 fish of a given 

species on the same day. 

(xii) If a harvest limit is not otherwise 

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

the harvest limit for sockeye salmon is 

the same as provided for in adjacent 

State subsistence or personal use 

fisheries. If a harvest limit is not 

established for the State subsistence or 

personal use fisheries, the possession 

limit is 10 sockeye and the annual 

harvest limit is 20 sockeye per 

household for that stream. 

(xiii) The Sarkar River system above 

the bridge isclosed to the use of all nets 

by both Federally qualified and nonFederally qualified users. 

(xiv) From July 7 through July 31, you 

may take sockeye salmon in the waters 

of the Klawock River and Klawock Lake 

only from 8 a.m. Monday until 5 p.m. 

Friday. 

(xv) You may take Chinook, sockeye, 

and coho salmon in the mainstem of the 

Stikine River only under the authority 

of a Federal subsistence fishing permit. 

Each Stikine River permit will be issued 

to a household. Only dip nets, spears, 

gaffs, rod and reel, beach seine, or 

gillnets not exceeding 15 fathoms in 

length may be used. The maximum 

gillnet mesh size is 5c-inches, except 

during the Chinook season when the 

maximum gillnet mesh size is 8 inches. 

(A) You may take Chinook salmon 

from May 15 through June 20. The 

annual limit is 5 Chinook salmon per 

household. 

(B) You may take sockeye salmon 

from June 21 through July 31. The 

annual limit is 40 sockeye salmon per 

household. 

(C) You may take coho salmon from 

August 1 through October 1. The annual 

limit is 20 coho salmon per household. 

(D) You may retain other salmon 

taken incidentally by gear operated 

under terms of this permit. The 

incidentally taken salmon must be 

reported on your permit calendar. 

(E) The total annual guideline harvest 

level for the Stikine River fishery is 125 

Chinook, 600 sockeye, and 400 coho 

salmon. All salmon harvested, including 

incidentally taken salmon, will count 

against the guideline for that species. 

(xvi) You may take coho salmon with 

a Federal salmon fishing permit. There 

is no closed season. The daily harvest 

limit is 20 coho salmon per household. 

Only dip nets, spears, gaffs, handlines, 

and rod and reel may be used. There are 

specific rules to harvest any salmon on 

the Stikine River, and you must have a 

separate Stikine River subsistence 

salmon fishing permit to take salmon on 

the Stikine River. 

(xvii) Unless noted on a Federal 

subsistence harvest permit, there are no 

harvest limits for pink or chum salmon. 

(xviii) Unless otherwise specified in 

this §___.27(i)(13), you may take 

steelhead under the terms of a 

subsistence fishing permit. The open 

season is January 1 through May 31. The 

daily household harvest and possession 

limit is one with an annual household 

limit of two. You may only use a dip 

net, gaff, handline, spear, or rod and 

reel. The permit conditions and systems 

to receive special protection will be 

determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(xix) You may take steelhead trout on 

Prince of Wales and Kosciusko Islands 

under the terms of Federal subsistence 

fishing permits. You must obtain a 


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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. 

(xx) In addition to the requirement for 

a Federal subsistence fishing permit, the 

following restrictions for the harvest of 

Dolly Varden, brook trout, grayling, 

cutthroat, and rainbow trout apply: 

(A) The daily household harvest and 

possession limit is 20 Dolly Varden; 

there is no closed season or size limit; 

(B) The daily household harvest and 

possession limit is 20 brook trout; there 

is no closed season or size limit; 

(C) The daily household harvest and 

possession limit is 20 grayling; there is 

no closed season or size limit; 

(D) The daily household harvest limit 

is 6 and the household possession limit 

is 12 cutthroat or rainbow trout in 

combination; there is no closed season 

or size limit; 

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

(F) The permit conditions and 

systems to receive special protection 

will be determined by the local Federal 

fisheries manager in consultation with 

ADF&G. 

(xxi) There is no subsistence fishery 

for any salmon on the Taku River. 

■ 4. In subpart D of 36 CFR part 242 and 

50 CFR part 100, §___.28 is added to 

read as follows: 

§ ___.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 

§100.27(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; 


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14072 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations 

(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 

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/ 

2inches 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 61/2inches 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 line1/2mile 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 51/2inches 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 

51/2inches 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 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Rules and Regulations 14073 

crabs with a shell width of 61/2inches 

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 

51/2inches 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: March 3, 2009. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: March 5, 2009. 

Calvin Casipit, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. E9–6937 Filed 3–27–09; 8:45 am] 

BILLING CODE 4310–55–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 0 

[FCC 08–282] 

Public Information, the Inspection of 

Records, and Implementation of 

Freedom of Information Act 

Amendments 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission amends its 

rules implementing the Freedom of 

Information Act (FOIA) to reflect 

changes in that law made by the OPEN 

Government Act of 2007. In addition, 

the rules are updated to reflect the 

current structure of the agency; to reflect 

the increased availability of records on 

the agency’s Web site and the 

Commission’s decisions over the years 

with respect to whether certain records 

are routinely available for public 

inspection; to ensure that the rules 

reflect the agency’s experience with 

processing FOIA requests; and to clarify 

the fees applicable to FOIA requests. 

DATES: Effective April 29, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Laurence H. Schecker, Special Counsel, 

Administrative Law Division, Office of 

General Counsel, 202–418–1720 or 

Laurence.Schecker@fcc.gov. 

SUPPLEMENTARY INFORMATION: In this 

Order, we amend part 0 of the 

Commission’s rules to update sections 

implementing the Freedom of 

Information Act (FOIA), 5 U.S.C. 552. 

On December 14, 2005, the President 

issued an Executive Order concerning 

implementation of the FOIA. Executive 

Order No. 13392, Improving Agency 

Disclosure of Information, 70 FR 75373 

(December 14, 2005) (FOIA Executive 

Order). Among other things, the 

Executive Order required each agency to 

review its FOIA operations, see id. sec. 

3(a), 70 FR at 75375 (December 14, 

2005), to develop a plan to improve its 

FOIA operations, id. sec. 3(b)(iii), 70 FR 

at 75375 (December 14, 2005), and to 

report to the Attorney General about its 

review and plan for improving FOIA 

operations. Id. sec. 3(c), 70 FR at 75375 

(December 14, 2005). Consistent with 

the Executive Order, the Commission 

reviewed its FOIA operations, 

developed a plan for improvement, and 

issued its report. Improving Agency 

Disclosure of Information: Executive 

Order 13392 (June 14, 2006) (FCC FOIA 

Report), available at http://www.fcc.gov/ 

foia/2006improv_disclosure_ report.pdf. 

See also Letter from Samuel Feder, 

General Counsel and Chief FOIA 

Officer, to Clay Johnson, III, Chairman, 

President’s Management Council (July 

30, 2007) (Updated Status Report— 

FOIA Implementation Plan), available at 

http://www.fcc.gov/foia/2006improvupdate.pdf; Letter from Matthew Berry, 

General Counsel and Chief FOIA 

Officer, to Chairman Johnson (February 

27, 2008) (Updated Status Report). 

The Commission committed, inter 

alia, to review its FOIA implementing 

rules ‘‘[t]o ensure that the FCC’s 

information access regulations reflect 

the current structure of the agency, the 

availability of records to the public and 

whether more records should be posted 

pursuant to [FOIA] subsection (a)(2), [5 

U.S.C. 552(a)(2)], the proper procedures 

for processing FOIA requests and 

appeals, and current fee information.’’ 

FCC FOIA Report at 9. 

In late 2007, Congress passed and the 

President signed the Openness Promotes 

Effectiveness in our National 

Government Act, known as the OPEN 

Government Act. Public Law No. 110– 

175, 121 Stat. 2524 (2007), codified at 

scattered sections of 5 U.S.C. 552. The 

FOIA amendments adopted in this 

statute require additional changes to our 

FOIA implementing regulations. 

In our FY 2007 FOIA Annual Report, 

we modified the target date for 

reviewing and amending our FOIA 

regulations so that a single revision of 

the rules could address the OPEN 

Government Act as well as the 

commitment made in the FCC’s FOIA 

Report. See FCC FY 2007 FOIA Annual 

Report, at 8–9 (Section XII.C) (http:// 

www.fcc.gov/foia/2007foiareport.pdf); 

see also letter from Matthew Berry to 

Chairman Johnson (Feb. 27, 2008) 

(noting the change in the target date for 

revising our FOIA regulations). We have 

now completed an extensive review of 

our FOIA regulations and in this Order 

adopt various amendments to the rules. 

By this Order, we fulfill the 

commitment made in the FCC FOIA 

Report, as modified in our FY2007 FOIA 

Annual Report. 

Our FOIA implementing rules are 

presently found at 47 CFR 0.441 through 

0.470. The rules amended in this Order 

may generally be grouped into three 

sections: (1) rules describing records 

that are routinely available for public 

inspection (47 CFR 0.441, 0.445, 0.451, 

0.453, 0.455, 0.460 and 0.465); (2) rules 

describing records that are not routinely 

available for public inspection and 

governing requests for confidential 

treatment (47 CFR 0.442, 0.457, 0.458, 

0.459, 0.461, and 0.463); and (3) the 

FOIA fee rules (47 CFR 0.451(d), 0.465 

through 0.470). We have reviewed these 

rules and, as set forth in Appendix, 


sroberts on PROD1PC70 with RULES