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Daily Rules, Proposed Rules, and Notices of the Federal Government

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

AGENCY: 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 ofrevising subsistence fishing and shellfishing regulations in odd-numbered 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 orsubsistence@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 theFederal Registeron 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 theFederal Registeron 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 theFederal Registeras 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. 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 beingunnecessarily 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 inDATESto 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 followingFederal Registerdocuments 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. 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 underFOR 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. 3501et 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. 601et 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 valueof $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. 801et 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. 1502et 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.
    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 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. 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, Paxson-Sourdough, Slana, Tanacross, Tazlina, Tetlin, Tok, Tonsina, and those individuals that live along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Glennallen Subdistrict of the Upper Copper River District. Salmon. Residents of the Prince William Sound Area and residents of Cantwell, Chickaloon, Chisana, Dot Lake, Healy Lake, Northway, Tanacross, Tetlin, Tok, and those individuals living along the Alaska Highway from the Alaskan/Canadian border to Dot Lake, along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Waters of the Copper River between National Park Service regulatory markers located near the mouth of Tanada Creek, and in Tanada Creek between National Park Service regulatory markers identifying the open waters of the creek. Salmon. Residents of Mentasta Lake and Dot Lake. Remainder of the Prince William Sound Area. Salmon. Residents of the Prince William Sound Area. Waters of the Bering River area from Point Martin to Cape Suckling. Eulachon. Residents of Cordova. Waters of the Copper River Delta from the Eyak River to Point Martin. Eulachon. Residents of Cordova, Chenega Bay, and Tatitlek. YAKUTAT AREA Fresh water upstream from the terminus of streams and rivers of the Yakutat Area from the Doame River to the Tsiu River. Salmon. Residents of the area east of Yakutat Bay, including the islands within Yakutat Bay, west of the Situk River drainage, and south of and including Knight Island. Fresh water upstream from the terminus of streams and rivers of the Yakutat Area from the Doame River to Point Manby. Dolly Varden, steelhead trout, and smelt. Residents of the area east of Yakutat Bay, including the islands within Yakutat Bay, west of the Situk River drainage, and south of and including Knight Island. Remainder of the Yakutat Area. Dolly Varden, trout, smelt, and eulachon. Residents of Southeastern Alaska and Yakutat Areas. SOUTHEASTERN ALASKA AREA District 1—Section 1E in waters of the Naha River and Roosevelt Lagoon. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents of the City of Saxman. District 1—Section 1F in Boca de Quadra in waters of Sockeye Creek and Hugh Smith Lake within 500 yards of the terminus of Sockeye Creek. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents of the City of Saxman. Districts 2, 3, and 5 and waters draining into those Districts. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents living south of Sumner Strait and west of Clarence Strait and Kashevaroff Passage. District 5—North of a line from Point Barrie to Boulder Point. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents of the City of Kake and in Kupreanof Island drainages emptying into Keku Strait south of Point White and north of the Portage Bay boat harbor. District 6 and waters draining into that District. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents of the living south of Sumner Strait and west of Clarence Strait and Kashevaroff Passage; residents of drainages flowing into District 6 north of the latitude of Point Alexander (Mitkof Island); residents of drainages flowing into Districts 7 8, including the communities of Petersburg Wrangell; and residents of the communities of Meyers Chuck and Kake. District 7 and waters draining into that District. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents of drainages flowing into District 6 north of the latitude of Point Alexander (Mitkof Island); residents of drainages flowing into Districts 7 8, including the communities of Petersburg Wrangell; and residents of the communities of Meyers Chuck and Kake. District 8 and waters draining into that District. Salmon, Dolly Varden, trout, smelt, and eulachon. Residents of drainages flowing into Districts 7 8, residents of drainages flowing into District 6 north of the latitude of Point Alexander (Mitkof Island), and residents of Meyers Chuck. District 9—Section 9A. Salmon, Dolly 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 fishor 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 subsistence-harvested 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 totake 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;

    (i