This page intentionally left blank · 2018. 5. 18. · NTC Salmon Revise Kasilof experimental...

Federal Subsistence Management Program

2019-2021 Fisheries and Nonrural Determinations Proposals

Comment period open through June 29, 2018

ii Federal Subsistence Management Program

This page intentionally left blank

iiiFederal Subsistence Management Program

Comment period open through June 29, 2018*Send your written comments on the enclosed proposals to:

Federal Subsistence BoardOffice of Subsistence Management

(Attn: Theo Matuskowitz) 1011 E. Tudor Road, MS-121

Anchorage, Alaska 99503-6199 E-mail: [email protected]

Fax: 907-786-3898

*Comments received after June 29, 2018 will be forwarded to the Federal Subsistence Board for their consideration; however, they will not be includued in Fall 2018 Regional Advisory Council meeting

materials, or in any proposal analysis.

After December 31, 2018, anyone wishing to provide written comments may do so only by delivering comments directly to the Federal Subsistence Board at its regulatory meeting scheduled to begin on

January 29, 2019. The commenter must include 30 copies of their written comments for distribution at the meeting. No written comments will otherwise be accepted after that deadline.

iv Federal Subsistence Management Program

INTRODUCTION

The Federal Subsistence Board (Board) invites your comments on the enclosed proposals to change Federal subsistence fisheries regulations for the 2019–2021 regulatory years (April 1, 2019 to March 31, 2021) and proposals to change nonrural determinations. These proposals seek changes to existing Federal subsistence regulations for the taking of fish on Federal public lands in Alaska and existing nonrural determinations. The Board will make threshold decisions on proposals to change nonrural status in January 2019 but will not make final nonrural determination decisions until January 2021.

You may mail your comments to the Federal Subsistence Board at the address on the previous page of this book, fax them to (907) 786-3898, or email them to [email protected]. Please refer to a specific proposal number in your comments. All comments received by June 29, 2018 will be included in the meeting materials for the appropriate Subsistence Regional Advisory Councils (RACs) to discuss at their fall meetings and the Board at its spring meeting. Comments received after June 29, 2018 will be forwarded to the Board for their consideration, but will not be included in RAC meeting materials or in proposal analyses.

Before making decisions on these proposals, the Board considers technical analyses prepared by its staff, recommendations from the 10 Subsistence Regional Advisory Councils, and any written public comments and oral testimony it receives on the proposal, along with tribal comments received during government-to-government consultations, consistant with the tribal consultation policy, and comments received from Alaska Native Corporations. The Board may consider and act on alternatives that address the intent of a proposal while differing in approach. Once the Board makes its decisions, it will publish the fisheries changes as final regulations for the 2019–2021 regulatory years, effective April 1, 2019, and distribute the fisheries regulation book throughout Alaska. The Board will make threshold decisions on nonrural determination proposals in January 2019, but will not make final nonrural determination decisions until January 2021.

If you have questions or need additional information, please contact the Office of Subsistence Management at (800) 478-1456 or (907) 786-3888, visit our website at www.doi.gov/subsitence or our Facebook page at www.facebook.com/subsistencealaska.

Missing out on the latest Federal subsistence issues? If you’d like to receive emails and notifications on the Federal Subsistence Management Program you may subscribe for regular updates by emailing: [email protected].

vFederal Subsistence Management Program

Reg

ion

10: N

orth

Slo

pe

Reg

ion

8: N

orth

wes

t Arc

tic

Reg

ion

7: S

ewar

d Pe

nins

ula

Reg

ion

5: Y

ukon

-Kus

kokw

im D

elta

Reg

ion

4: B

risto

l Bay

Reg

ion

3: K

odia

k/A

leut

ians

Reg

ion

2: S

outh

cent

ral

Reg

ion

1: S

outh

east

Reg

ion

6: W

este

rn In

terio

r

Reg

ion

9: E

aste

rn In

terio

r

Fede

ral S

ubsi

sten

ce R

esou

rce

Reg

ions

and

Fis

hery

Man

agem

ent A

reas

KO

TZ

EB

UE

AR

EA

YU

KO

N-N

OR

TH

ER

N

SLO

PE

AR

EA

NO

RTO

N S

OU

ND

/P

OR

T C

LAR

EN

CE

AR

EA

KU

SK

OK

WIM

A

RE

A

ALE

UT

IAN

IS

LAN

DS

AR

EA

ALA

SK

AP

EN

INS

ULA

AR

EA

CH

IGN

IKA

RE

A

KO

DIA

KA

RE

A

CO

OK

INLE

TA

RE

A

PR

INC

E W

ILLI

AM

SO

UN

D A

RE

AYA

KU

TAT

AR

EA

SO

UTH

-

EA

STE

RN

A

LAS

KA

AR

EA

BR

ISTO

LB

AY A

RE

A

vi Federal Subsistence Management Program

GENERAL INFORMATION

Federal Subsistence BoardThe Federal Subsistence Board oversees the Federal Subsistence Management Program. Board members include the Alaska directors of five Federal agencies: The U.S. Fish and Wildlife Service, National Park Service, Bureau of Land Management, Bureau of Indian Affairs, and U.S. Forest Service. The Chair is a representative of the Secretaries of the Interior and Agriculture. Two additional public members are appointed by the Secretaries to represent rural subsistence users.

Federal Subsistence Regional Advisory Councils (Council(s)), State of Alaska representatives, and the general public play an active role in the regulatory process. You can find information about the Federal Subsistence Board on the Program website at: www.doi.gov/subsistence or by contacting the Office of Subsistence Management at 800-478-1456 or 907-786-3888.

Regional Advisory CouncilsThe Federal Subsistence Management Program divides Alaska into 10 subsistence resource regions, each represented by a Subsistence Regional Advisory Council. These 10 Councils provide an opportunity for Alaskans to contribute in a meaningful way to the management of subsistence resources. Subsistence users have the opportunity to comment and offer input on subsistence issues at Council meetings. Councils meet a least twice a year. The Councils develop proposals to change Federal subsistence regulations and review and make recommendations on proposals submitted by others.

Council membershipThe Secretaries of the Interior and Agriculture appoint Council members. Members must reside in the area they wish to represent and have knowledge of subsistence resources, as well as both subsistence and commercial/sport uses. Each year the Office of Subsistence Management accepts applications and nominations for membership during August–January. If you are interested in applying for membership, please contact Carl Johnson or the council coordinator for your region.

Federal Subsistence Regional Advisory Council CoordinatorsCouncil coordinators facilitate communication between the Subsistence Regional Advisory Councils and the Federal Subsistence Board. Each coordinator is responsible for one or two regions and serves as a contact for the Councils, Federal agency staff, and the public. Contact a coordinator for more information on the activities of each Council.

Southeast RegionDeAnna Perryjuneau(907) 586-7918Fax: (907) [email protected]

Bristol Bay and Southcentral RegionsDonald Mikeanchorage(800) 478-1456 or (907) 786-3629Fax: (907) [email protected]

Kodiak/Aleutians and Seward Peninsula RegionKaren Deatherageanchorage(800) 478-1456 Fax: (907) [email protected]

Eastern Interior RegionKatya Wesselsanchorage(800) 478-1456 or (907) 786-3885 Fax: (907) [email protected]

Western Interior and Northwest Arctic RegionsZach Stevensonanchorage(800) 478-1456 or (907) 786-3674Fax: (907) [email protected]

Yukon-Kuskokwim Delta and North Slope RegionsEva Pattonanchorage(800) 478-1456 or (907) 786-3358Fax: (907) [email protected]

For information on Regional Advisory Council membership, contact:

Carl Johnson(800) 478-1456 or (907) 786-3676

Fax: (907) [email protected]

viiFederal Subsistence Management Program

2019-2021 Fisheries Proposals

Proposal Number and Proponent

Species General Description Page

Yukon-Northern Area

FP19-01

ReakoffSalmon Allow use of gillnets and rescind net depth restrictions in

Yukon River Sub-Districts 4B and 4C. 1

FP19-02

RogersSalmon Modify closures to subsistence salmon fishing before

commercial season opening in Yukon River Districts. 3

FP19-03

RogersSalmon

Remove closures to subsistence fishing before, during, and after commercial openings in Yukon River Districts 1, 2, and 3.

5

FP19-04

RogersSalmon

Modify closures to subsistence salmon fishing before, during, and after commercial openings in Yukon River Districts 1, 2, and 3.

7

FP19-05

RogersChinook Salmon

Remove restrictions requiring fin-clipping of subsistence caught Chinook Salmon in Lower Yukon River Districts 1, 2, and 3.

9

FP19-06

WoodruffChinook Salmon

Protection on first pulse of Chinook Salmon in Federal waters of Yukon River Districts 1 through 5. 11

FP19-07

YKDRACSalmon Add dip net as a gear type for subsistence harvest of

salmon for the Yukon River. 12

Kuskokwim Area

FP19-08

RogersChinook Salmon

Specify restrictions to use of 6 inch or less mesh size gillnets in the Kuskokwim River drainage from June 1 to June 25 only in times of conservation of Chinook Salmon, only through rolling closures, and implemented by the Federal in-season manager.

14

FP19-09

RogersAll Fish

Allow use of 6 inch or less mesh size gillnets prior to June 1 in the Kuskokwim River drainage to provide Sheefish harvest opportunity.

17

FP19-10

CharlesSalmon and non-salmon

Specify that non-salmon spawning tributaries of the Kuskokwim River be open to the harvest of fish 100 yards upriver from the confluence of the Kuskokwim River during times of closure to salmon fishing.

20

FP17-05 (Deferred)

LaMonte Albertson

All fish

For the Kuskokwim area, remove __.27(e)(4)(ii) from the regulations. Federal subsistence management plans, strategies, fishing schedules, openings, closings, and fishing methods are issued independently by the USFWS.

22

viii Federal Subsistence Management Program


Bristol Bay Area

FP19-11

BBNASalmon Revise snagging regulations to allow fishing for salmon in

Sixmile Lake and tributaries 24

Cook Inlet AreaFP19-12

NTCSalmon Revise Kasilof experimental community gillnet fishery. 26

Prince William Sound Area

FP19-13

USDA-FSAll fish Add current permit conditions to regulations. 32

FP19-14

Native Village of Eyak

Copper River

Lift restriction on the mainstem waters of the Copper River and allow a dip net and rod and reel fishery within ½ mile downriver of road crossings from the Million Dollar Bridge to mile 27 of the Copper River Highway.

37

FP19-15

Wrangell-St.Elias National Park and Preserve

Fish Wheel Move requirement to check fish wheel from fish wheel owner to fish wheel operator. 43

FP19-16

Wrangell-St.Elias National Park and Preserve

Salmon fishing permits

Clarify gear usage for Upper Copper River District subsistence salmon fishing permits. 45

Southeast Alaska Area

FP19-17

SERACAll fish

Change the C&T for the Yakutat and the Southeast Alaska Region so that all residents of Southeast and Yakutat would have a positive C&T determination for all fish.

47

FP19-18

Otteson

Chinook, Coho, Sockeye Salmon

Change the 5 ½ inch stretched mesh gillnet restriction to 6 ¼ inch stretched mesh in the Sockeye Salmon and Coho Salmon fisheries on the Stikine River.

48

FP19-19

Cal CasipitSockeye Salmon

Close the Federal waters of Neva Lake, Neva Creek, and South Creek to the harvest of Sockeye Salmon by nonfederally qualified subsistence users.

49

Rural/Nonrural Determination Proposals

RP19-01

BrydenMoose Pass

Request for Moose Pass, AK be considered a rural community 51

1Federal Subsistence Management Program


Yukon-Northern Area

FP19-01

• Your name and contact information (address, phone, fax, or E-mail address)Jack Reakoff114 Newhouse StreetWiseman, Alaska 99790(907)[email protected]

• Your organizationIndividual

• What regulations you wish to change. Include management unit number and species. Quote the current regulation if known. If you are proposing a new regulation, please state, “new regulation.”

Old Regulation: Sub-districts 4-B and 4-C ● From June 15–September 30, you may take salmon for subsistence with set nets or fish wheels 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.

● From June 10-July 14, you may take Chinook Salmon for subsistence by drift gillnets during regulatory opening(s)

In the Yukon River mainstem, Sub-districts 4-B and 4-C you may take Chinook Salmon by drift gillnets no more than 150 feet long and no more than 35 meshes deep, from June 10 through July 14. Fishing with drift gillnets is allowed during the regulatory opening(s) for Sub-districts 4-B and 4-C.

New Regulation: Align Federal Subsistence fisheries regulations with recent Board of Fish regulatory change for Yukon Districts 4B & 4C:Lawful gear and specifications. is amended to read:(e) In Districts 4, 5, and 6, salmon may not be taken for subsistence purposes by drift gillnets, except as follows:(3) in Sub-districts 4-B and 4-C,(A) King salmon may be taken by drift gillnets from June 10 through July 14, unless closed by emergency order;(B) from June 10 through August 2, the commissioner may open, by emergencyorder, fishing periods during which chum salmon may be taken by drift gillnets; and(C) chum salmon may be taken by drift gillnets after August 2.(4) a person may not operate a drift gillnet that is more than 150 feet in length during the seasons described in (1) and (2) and (3) of this subsection.[(3) A PERSON MAY NOT OPERATE A DRIFT GILLNET THAT IS MORE THAN 150 FEET IN LENGTH DURING THE SEASONS DESCRIBED IN (1) AND (2) OF THIS SUBSECTION.]

(Request repeal of 35 meshes deep)

• Write the regulation the way you would like to see it written in the regulations.

: Sub-districts 4-B and 4-C From June 15–September 30, you may take salmon for subsistence with set nets or fish wheels 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.

In Districts 4, 5, and 6, salmon may not be taken for subsistence purposes by drift gillnets, except as follows:in Sub-districts 4-B and 4-C,

2 Federal Subsistence Management Program


Yukon-Northern Area

(A) King salmon may be taken by drift gillnets from June 10 through July 14, unless closed by special action of the Federal in-season manager;

(B) from June 10 through August 2, the Federal in-season fisheries manager may open, by special action, fishing periods during which chum salmon may be taken by drift gillnets; and

(C) chum salmon may be taken by drift gillnets after August 2.

(4) a person may not operate a drift gillnet that is more than 150 feet in length during the seasons described in (1) and (2) and (3) of this subsection.[(3) A PERSON MAY NOT OPERATE A DRIFT GILLNET THAT IS MORE THAN 150 FEET IN LENGTH DURING THE SEASONS DESCRIBED IN (1) AND (2) OF THIS SUBSECTION.]

• Explain why this regulation change should be made.Recent Alaska Board of Fisheries action has allowed drift gill net use in Yukon fishing districts Y-4B and 4-C. Federal regulations will be more restrictive. Federal Subsistence Board action should also repeal the 35-mesh depth restriction currently in place for 4-Aand 4-B. State regulations do not have depth restrictions for Subsistence salmon gear.

• You should provide any additional information that you believe will help the FederalSubsistence Board (Board) in evaluating the proposed change.

The Alaska Board of Fisheries adopted Proposal 230 as amended. The Louden, Nulato, and Koyukuk Tribes submitted the proposal. Substitute language was submitted by the Alaska Department of Fish and Game after discussions with stakeholders. This proposal allows salmon to be taken by drift gillnets in Sub-districts 4-B and 4-C during subsistence fishing periods as abundance allows.

Subsistence fishers would save travel time and expense to achieve their subsistence salmon needs.

Uniform State and Federal Regulations will have better compliance by subsistence users, and will have less enforcement problems.

The Western Interior Alaska Subsistence Regional Advisory Council supported Proposal230. The Council supported authorizing the use of drift gillnets in the waters near Galena. The Council noted the proposal covered stretches of non-Federal public waters to allow gillnet fishing. The Council also noted the proposal provided equity of methods for all residents of the river. The Council expressed support for the Alaska Board of Fisheries liberalizing regulations so that drift gillnets will be allowed in Sub-districts 4-B and 4-C. The Council noted that the implementation of Proposal 230 would result in negligible increase in harvest and, therefore, did not present a conservation concern. Finally, the Council noted that the adoption of this proposal helps align State and Federal Regulations.



Yukon-Northern Area

FP19-02

To: Federal Subsistence Board

From: Alissa Nadine Rogers, P.O. Box 2405, Bethel, Alaska 99559, (907) 306-4345,[email protected]

RE: Proposal to modify Yukon District 1, 2, 3, and 4A (excluding Koyukuk and Innoko River) regulation prohibiting subsistence fishing before a commercial opening from 24 hours to 6 hours.

WHAT REGULATION DO YOU WISH TO CHANGE OR NEW REGULATION?

Existing Federal regulation:

§100.14 Relationship to State procedures and regulations.

(a) State fish and game regulations apply to public lands and such laws are hereby adopted and made a part of the regulations in this part to the extent they are not inconsistent with, or superseded by, the regulations in this part.

§100.27 Subsistence taking of fish.

(e)(3) Yukon-Northern Area.

. . . .

(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.

. . . .

(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.

Existing State regulation:

Chapter 16.05. FISH AND GAME CODE AND DEFINITIONS

AS 16.05.060. Emergency orders.

(a) This chapter does not limit the power of the commissioner or an authorized designee, when circumstances require, to summarily open or close seasons or areas or to change weekly closed periods on fish or game by means of emergency orders.

5 AAC 01.210. Fishing seasons and periods

e) In Districts 1, 2, and 3, excluding the Innoko River drainage, salmon may not be taken for subsistence during the 24 hours immediately before the opening of the commercial salmon fishing season, and



Yukon-Northern Area

HOW SHOULD THE REGUALTION READ?





. . . .

(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) except 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 6 hours immediately before the opening of the State commercial salmon fishing season, unless superseded by a Federal Special Action.

. . . .

(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 6 hours immediately before the opening of the State commercial salmon fishing season.

WHY SHOULD THE REGULATION CHANGE BE MADE?

These closures do not prevent people from selling into the commercial fishery Chinook Salmon that they take in the subsistence fishery because only a few Yukon subsistence fishermen do this. There are always going to be a few bad actors, we know who they are, they have been fined before, and this regulation has not stopped them. This regulation is burdensome on subsistence fishermen without any benefit.

ADDITIONAL INFORMATION?



Yukon-Northern Area


From: Alissa Nadine Rogers, P.O. Box 2405, Bethel, Alaska 99559, (907) 306-4345.

RE: Proposal to modify the following regulation. Yukon District 1, 2, and 3 before July 15, and after the opening of the State commercial salmon fishing season, subsistence salmon fishing is closed for 18 hours immediately before, during, and for 12 hours after each State commercial salmon fishing peiod. After July 15, subsistence salmon fishing is closed for 12 hours immediately before, during, and for 12 hours after each State commercial salmon fishing period.







. . . .


. . . .

(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.





FP19-03



Yukon-Northern Area


(e)(1) in Districts 1, 2, and 3,

(A) after the opening of the commercial salmon fishing season through July 15, salmon may not be taken for subsistence for 18 hours immediately before, during, and for 12 hours after each commercial salmon fishing period;

(B) after July 15, salmon may not be taken for subsistence for 12 hours immediately before, during, and for 12 hours after each commercial salmon fishing period;






. . . .

(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) except in Districts 1, 2, and 3 after the opening of the State commercial salmon fishing season through July 15, you may not take salmon for subsistence for 6 hours immediately before, during, and for 6 hours after each State commercial salmon fishing period and after July 15, you may take salmon for subsistence for 6 hours immediately before, during, and for 6 hours after each State commercial salmon fishing period, unless superseded by a Federal Special Action.

. . . .


(A) After the opening of the State commercial salmon fishing season through July 15, you may not take salmon for subsistence for 18 6 hours immediately before, during, and for 12 6 hours after each State commercial salmon fishing period;

(B) After July 15, you may not take salmon for subsistence for 12 6 hours immediately before, during, and for 12 6 hours after each State commercial salmon fishing period.


If the Board does not get rid of these regulations as requested in my proposal “4a” I’m asking the Board to consider this proposal, which reduces closures before and after commercial fishing periods.





Yukon-Northern Area



RE: Proposal to remove the following regulation. Yukon District 1, 2, and 3 before July 15, and after the opening of the State commercial salmon fishing season, subsistence salmon fishing is closed for 18 hoursimmediately before, during, and for 12 hours after each State commercial salmon fishing peiod. After July 15, subsistence salmon fishing is closed for 12 hours immediately before, during, and for 12 hours after each State commercial salmon fishing period.







. . . .


. . . .








FP19-04



Yukon-Northern Area



(e)(1) in Districts 1, 2, and 3,

(A) after the opening of the commercial salmon fishing season through July 15, salmon may not be taken for subsistence for 18 hours immediately before, during, and for 12 hours after each commercial salmon fishing period;

(B) after July 15, salmon may not be taken for subsistence for 12 hours immediately before, during, and for 12 hours after each commercial salmon fishing period;






. . . .

(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) except in Districts 1, 2, and 3 after the opening of the State commercial salmon fishing season through July 15, you may take salmon for subsistence for 18 hours immediately before, during, and for 12 hours after each State commercial salmon fishing period and after July 15, you may take salmon for subsistence for 12 hours immediately before, during, and for 12 hours after each State commercial salmon fishing period, unless superseded by a Federal Special Action.

. . . .








Yukon-Northern Area


From: Alissa Nadine Rogers, P.O. Box 2405, Bethel, Alaska 99559, (907) 306-4345,[email protected]

RE: Proposal to remove restrictions on Lower Yukon River Districts 1, 2, and 3 for fin-clipping of subsistence caught salmon.







. . . .


. . . .

(xx) In Districts 1, 2, and 3, from June 1 through July 15, you may not possess Chinook salmon taken for subsistence purposes unless both tips (lobes) of the tail fin have been removed before the person conceals the salmon from plain view or transfers the salmon from the fishing site.Existing State regulation:





5 AAC 01.240. Marking and use of subsistence-taken salmon

(c) In Districts 1 - 3, from June 1 through July 15, a person may not possess king salmon taken for subsistence uses unless both tips (lobes) of the tail fin have been removed before the person conceals the salmon from plain view or transfers the salmon from the fishing site. A person may not sell or purchase salmon from which both tips (lobes) of the tail fin have been removed.

FP19-05



Yukon-Northern Area

HOW SHOULD THE REGULATION READ?





. . . .

(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) except in Districts 1, 2, and 3 from June 1 through July 15 you may possess Chinook salmon taken for subsistence purposes without both tips (lobes) of the tail fin removed, unless superseded by a Federal Special Action.

. . . .

(xx) In Districts 1, 2, and 3, from June 1 through July 15, you may not possess Chinook salmon taken for subsistence purposes unless without both tips (lobes) of the tail fin have been removed before the person conceals the salmon from plain view or transfers the salmon from the fishing site.


Fin-clipping does not prevent people from selling into the commercial fishery Chinook Salmon that they take in the subsistence fishery because only a few Yukon subsistence fishermen do this. There are always going to be a few bad actors, we know who they are, they have been fined before, and this regulation has not stopped them. This regulation is burdensome on subsistence fishermen without any benefit.




Yukon-Northern Area

FP19-06



Yukon-Northern Area

1

Fisheries Proposal to the Federal Subsistence Board

2019 – 2021

Name: Yukon-Kuskokwim Delta Subsistence Regional Advisory Council

c/o Office of Subsistence Management 1011 E. Tudor Rd.Anchorage, AK 99503

What regulation do you wish to change?

Yukon River subsistence regulations regarding allowable gear type for harvest of salmon with dip nets.

For ease of public reference these regulations are found on page 31 of the April 1, 2017 – March 31, 2019 Federal Subsistence Management Regulations for the Harvest of Fish and Shellfish on Federal Public Lands and Waters in Alaska “Handy Dandy” regulation book as follows:

Unless otherwise specified you may take salmon only by gillnets, beach seines, fish wheel, or rod and reel.

You may take fish other than salmon by gillnets, beach seine, fish wheel, long line, fyke net, dipnet, jigging gear, spear, lead or a rod and reel , at any time for subsistence purposes, subject to these restrictions (which also apply to subsistence salmon fishing).

Existing Federal Regulations

50 C.F.R. §100.27(e)(3) Yukon –Northern Area

(e)(3)(i) Unless otherwise restricted in this section, you may take fish in the Yukon-Northern area at any time.

(e)(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.

(e)(3)(xii) You may take salmon only by gillnet, beach seine, fish wheel, or rod and reel, subject to restrictions set forth in this section.

(e)(3)(xvi) Unless otherwise specified in this section, you may take fish other than salmon by setgillnet, drift gillnet, beach seine, fish wheel, long line, fyke net, dip net, jigging gear, spear, lead,

FP19-07



Yukon-Northern Area

2

or rod and reel, subject to the following restrictions, which also apply to subsistence salmon fishing:

Proposed Federal Regulations (proposed change noted in bold)

50 C.F.R. §100.27(e)(3) Yukon –Northern Area

(e)(3)(xii) You may take salmon only by gillnet, beach seine, fish wheel, or rod and reel, subject to restrictions set forth in this section. Salmon may be harvested by dip net at any time,except in times of conservation, Chinook Salmon are required to be released live.

Why the regulation should be changed?

Dip netting has been a traditional method of fish harvest for many communities on the Yukon River but is not currently a legal gear type for the harvest of salmon under federal subsistence regulations. Council members stressed the importance of supporting this method of subsistence fish harvest for salmon in order to increase subsistence opportunity, especially in times of Chinook conservation when Chum Salmon are otherwise abundant. One Council member recalled sitting on the banks of the lower Yukon River with her Grandmother and dip netting for Fall Chum Salmon and would like to see this traditional method recognized once again as legal gear for subsistence fishing for salmon, just as it is currently legal for other species of fish.

The Council further noted that dip netting for salmon has been allowed for commercial salmon harvest on the Yukon River by State emergency order. It has proven an effective method of catching Chum Salmon with safe live release of Chinook Salmon. The Council stressed that subsistence fishers should be afforded priority and this method is an important opportunity to help support communities ability to meet their subsistence needs in times when fishing is closed to the use of gillnets. The Council requests use of dip nets for the subsistence harvest of salmon year round, with the requirement for live release of Chinook Salmon in times of conservation to continue to support the recovery of Yukon Chinook Salmon for further generations.



Kuskokwim Area



RE: Proposal, in times of conservation of Chinook Salmon pulse protection dates to be put in regulation.

WHAT REGULATION YOU WISH TO CHANGE OR NEW REGULATION?





(e)(4) Kuskokwim Area.

(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.





5 AAC 07.365. Kuskokwim River Salmon Management Plan

. . . .

(c) In the king salmon fishery,

(1) when the projected escapement of king salmon is below the drainagewide escapement goal range, the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries;

(2) when the projected escapement of king salmon is within the drainagewide escapement goal range, the commissioner shall open and close fishing periods, by emergency order, as follows:

(A) the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries, and after June 11, to the extent practicable, the commissioner shall open, by emergency order, at least one fishing period per week for a

FP19-08



Kuskokwim Area

directed subsistence king salmon fishery to provide harvest opportunity on surplus king salmon in excess of escapement needs,

(B) after June 11, fishing may be opened for commercial and sport fisheries to provide harvest opportunity on surplus king salmon in excess of escapement and subsistence needs;

(C) notwithstanding (c)(2)(A) of this section, before June 12 the commissioner shall open, by emergency order, at least one subsistence fishing period per week with four-inch or smaller mesh gillnets; the gillnet may only be operated as a set gillnet and no part of the set gillnet may be more than 100 feet from the ordinary high water mark;

(3) when the projected escapement of king salmon exceeds the drainagewide escapement goal range,

(A) the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries, and after June 11, the directed subsistence king salmon fishery will be open seven days per week; and

(B) after June 11, the commercial and sport fisheries will be managed to provide harvest opportunity on surplus king salmon in excess of escapement and subsistence needs.







. . . .

(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) except from June 1 through June 25 the use of 6-inch or less mesh size gillnets will only be restricted, if necessary, during rolling closures implemented sequentially up the river in a step-wise progression consistent with Chinook Salmon run timing, unless superseded by a Federal Special Action.

. . .



Kuskokwim Area

(xvii) from June 1 through June 25 the use of 6-inch or less mesh size gillnets will only be restricted, if necessary, during rolling closures implemented by the Federal in-season manager sequentially up the river in a step-wise progression consistent with Chinook Salmon run timing.


ADF&G’s Kuskokwim Salmon Management Plan requires the State to close king salmon fisheries in the Kuskokwim River drainage through June 11 every year. This closure is achieved by implementing a closure to the use of gillnets. There should be opportunity to harvest king salmon before June 11 every year.




Kuskokwim Area



RE: Proposal to set allowable harvest dates to provide Sheefish harvest opportunity in the Kuskokwim River drainage. For example: immediately after ice breakup harvest of Sheefish will be allowed until May 24.







. . . .

(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.





5 AAC 07.365. Kuskokwim River Salmon Management Plan

. . . .

(c) In the king salmon fishery,

(1) when the projected escapement of king salmon is below the drainagewide escapement goal range, the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries;

(2) when the projected escapement of king salmon is within the drainagewide escapement goal range, the commissioner shall open and close fishing periods, by emergency order, as follows:

FP19-09



Kuskokwim Area

(A) the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries, and after June 11, to the extent practicable, the commissioner shall open, by emergency order, at least one fishing period per week for a directed subsistence king salmon fishery to provide harvest opportunity on surplus king salmon in excess of escapement needs,

(B) after June 11, fishing may be opened for commercial and sport fisheries to provide harvest opportunity on surplus king salmon in excess of escapement and subsistence needs;


(3) when the projected escapement of king salmon exceeds the drainagewide escapement goal range,

(A) the commissioner shall close, by emergency order, the commercial, sport, and subsistence king salmon fisheries, and after June 11, the directed subsistence king salmon fishery will be open seven days per week; and

(B) after June 11, the commercial and sport fisheries will be managed to provide harvest opportunity on surplus king salmon in excess of escapement and subsistence needs.







. . . .

(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) except the use of gillnets with 6-inch or less mesh size shall not be restricted before June 1 in the Kuskokwim River drainage, unless superseded by a Federal Special Action;



Kuskokwim Area

. . . .

(xvii) You my use a gillnet with 6-inch or less mesh size before June 1 in the Kuskokwim River drainage.


ADF&G’s Kuskokwim Salmon Management Plan requires the State to close king salmon fisheries in the Kuskokwim River drainage through June 11. This closure is achieved by implementing a closure to the use of gillnets. In 2017, the closure to the use of gillnets began on May 20. Few Chinook Salmon pass the mouth of Kuskokwim before June 1, and local people customarily and traditionally harvest other species of fish with gillnets, especially whitefishes and the larger Sheefish that is harvested with 6 inch mesh size gillnets. The Management Plan should have a June 1 beginning date for the closure so that people can harvest fish other than Chinook Salmon.




Kuskokwim Area

1

Fisheries Proposal to the Federal Subsistence Board

Date: April 20, 2018

Name:

James Charles P.O. Box 8044Tuntutuliak, AK 99680

What regulation do you wish to change?

Ensure that fishing is allowed for other species of fish in non-salmon spawning tributaries even when salmon fishing is closed. Allow fishing by set net on non-salmon spawning tributaries, 100 yards upriver from the main stem of the Kuskokwim during times when salmon fishing is closed. Rivers that are important to subsistence fishing for the community of Tuntutuliak that flow out of the tundra and have no salmon spawning runs include the Kailik, Tagayarak, and the Kinak or Tuntutuliak River. Other Kuskokwim river tributaries that have no salmon spawning runs that are also important for subsistence are the Johnson River and non-salmon spawning tributaries near the community of Eek.

Existing Federal Regulations

Salmon fishing is open as scheduled. For the Kuskokwim Area, Federal subsistence fishing schedules , openings, closing and fishing methods are the same as those issued for subsistence taking of fish under State issued emergency orders unless superseded by Federal Special Action.

Fishing for all other fish on the Kuskokwim River is open year round with no limit.

Proposed Federal Regulations (proposed change in bold)

Salmon fishing is open as scheduled. For the Kuskokwim Area, Federal subsistence fishing schedules , openings, closing and fishing methods are the same as those issued for subsistence taking of fish under State issued emergency orders unless superseded by Federal Special Action.

Fishing for all other fish on the Kuskokwim River is open year round with no limit. During times of closure to salmon fishing, non-salmon spawning tributaries of the Kuskokwim River will be open to the harvest of fish 100 yards upriver from the confluence of the Kuskokwim River.

FP19-10



Kuskokwim Area

2

Why the regulation should be changed?

These non-salmon spawning tributaries to the Kuskokwim River are very important to subsistence harvest of several species of whitefish, pike, and burbot by the community of Tuntutuliak. The Kailik, Tagayarak, and the Kinak and Tuntutuliak Rivers are very important rivers for the community for year-round subsistence activities and often preferred for fishing due to the heavy tidal influence and winds that affect fishing ability in the wide channel of the lower Kuskokwim River which also make it difficult to use set nets in that area of the main stemKuskokwim nearest to Tuntutuliak. In recent years during salmon fishing closures due to Chinook Salmon conservation these non-salmon spawning rivers have been open to fishing 100 yards upstream of the confluence by Federal Special Action in order to allow some subsistence fish harvest and still protect the Chinook salmon traveling up the main stem of the Kuskokwim River. The community of Tuntutuliak would like to express that this opportunity has been extremely important to meet subsistence needs and at least harvest some fish when the area would otherwise be closed to fishing for Chinook Salmon conservation. The community harvest during these times has been predominantly important non-salmon subsistence fish such as whitefish, pike, and burbot, with some small incidental catch of salmon that have strayed or are “lost” on these non-salmon spawning rivers. The community of Tuntutuliak feels this fishing opportunity on non-salmon bearing tributaries 100 yards upstream of the confluence of the Kuskokwim is vital to the subsistence needs of the community and will have no impact to salmon conservation and thus should be protected in regulation.



Kuskokwim Area

Proposed change to Federal regulations for the subsistence harvest of fish on Federal public lands for the 2017-2019 regulatory years

To: Federal Subsistence Board Office of Subsistence Management Attn: Theo Matuskowitz 1011 E. Tudor Rd., MS-121 Anchorage, AK 99503

From: laMont E. Albertson General Delivery Aniak, AK, 99557 907-947-4405Email: [email protected]

Date: 4/1/16

Re. Proposed change to Federal regulations for the subsistence harvest of fish on Federal public lands for the 2017-2019 regulatory years

• The existing regulation I propose to change:

50 CFR 100.27(e)(4){11)

(4) Kuskokwim Area •........ (ii) For the Kuskokwim area, Federalsubsistence fishing schedules, openings,closings, and fishing methods are thesame as those issued for the subsistencetaking of fish under Alaska Statutes(AS 16.05.060), unless superseded bya Federal Special Action.

• Write the regulation the way you would like to see it written in the regulations.

For the Kuskokwim area, federal subsistence management plans, strategies, fishing schedules, openings, closings, and fishing methods are issued independently by the USFWS pursuant to achieving the mission and mandates of the National Wildlife Refuge System and the federal subsistence management program, in consultation with appropriate agencies and entities.

• Explain why this regulation change should be made.

FP17-05



Kuskokwim Area



Bristol Bay Area

Submitted Electronically via eRulemaking Portal Return to Docket Folder Summary

The is a Comment on the Fish and Wildlife Service (FWS) Proposed Rule: Subsistence Management Regulations: Public Lands in Alaska: 2019-20 and 2020-21 Subsistence Taking of Fish and Shellfish Regulations

For related information, Open Docket Folder

Show agency attachment(s)

Attachments

View All (0)

Comment

View document: The Bristol Bay Federal Subsistence Management regulations 100.27 (e)(5)(vii)(C), currently allow for snagging (by handline or rod and reel), using a spear, bow and arrow, or capturing salmon by bare hand in Lake Clark, and it's tributaries. Sixmile Lake should be included in this description, because it's waters are within and adjacent to the exterior boundaries of Lake Clark National Park and Preserve.

Comment Now! Comment Period Closed

Apr 23 2018, at 11:59 PM ET

ID: FWS-R7-SM-2017-0096-0006 Tracking Number: 1k2-92pc-bs0p View original printed format:

Document Information

Date Posted:Apr 24, 2018 RIN:1018-BC06 Show More Details

Submitter Information

Submitter Name:Anonymous Anonymous City:Dillingham Country:United States State or Province:AK ZIP/Postal Code:99576 Organization Name:Bristol Bay Native Association Submitter's

FP19-11



Bristol Bay Area

Rod and Reel should also be added to the allowable methods and means. As allowed currently, snagging is defined as "hooking or attempting to hook a fish elsewhere than in the mouth". While fishing with a rod and reel is attempting to hook the fish in the mouth. The new regulation will add rod and reel use, and Sixmile Lake to the description as follows; 100.27 (e)(5)(vii)(C) You may also take salmon without a permit in Lake Clark, Sixmile Lake, and their tributaries by snagging (by handline or rod and reel), using a spear, bow and arrow, rod and reel, or capturing by bare hand. No documents available.

Attachments

View All (1)

Nondalton. BBNA. Proposal Letter

View Attachment:

+ View more information

Representative:Cody Larson Government Agency Type:Tribal Government Agency:Nondalton Tribal Council



Cook Inlet Area

Fish and Shellfish Proposal 2018 – Kasilof RiverPrepared for: The Federal Subsistence BoardFederal Subsistence BoardOffice of Subsistence Management -- Attn: Theo Matuskowitz1011 E. Tudor Road, MS-121Anchorage, AK 99503-6199

Prepared by: Ninilchik Traditional Council Ninilchik Traditional Council, Federally Recognized Tribal Government – Ninilchik Village TribePO Box 39070, Ninilchik, Alaska 99639Phone: (907) 567-3815Fax: (907)567-3816

FP19-12



Cook Inlet Area

Ninilchik Traditional Council Fishery Proposal

Page 2 of 6

Name:Ninilchik Traditional Council– Ninilchik Village Tribe

Address:P.O. Box 39070, Ninilchik, Alaska 99639

Telephone number:Phone: (907) 567-3815

Fax number:Fax: (907) 567-3816

E‐mail address:[email protected]

Organization (if applicable):Federally Recognized Tribal Government – Federally Qualified Rural Community

Fish and Shellfish Proposal 2018

1. What regulation do you wish to change? Include management unit number and species. Quote the current regulation if known. If you are proposing a new regulation, please state "new regulation."

(I) Residents of Ninilchik may harvest sockeye, Chinook, coho, and pink salmon through an experimental community gillnet fishery in the Federal public waters of the upper mainstem of the Kasilof River from a Federal regulatory marker on the river below the outlet of Tustumena Lake downstream to the Tustumena Lake boat launch June 16-August 15. The experimental community gillnet fishery will expire 5 years after approval of the first operational plan.

(1) Only one community gillnet can be operated on the Kasilof River. The gillnet cannot be over 10 fathoms in length, and may not obstruct more than half of the river width with stationary fishing gear. Subsistence stationary gillnet gear may not be set within 200 feet of other subsistence stationary gear.

(2) One registration permit will be available and will be awarded by the Federal in-season fishery manager, in consultation with the Kenai National Wildlife Refuge manager, based on the merits of the operational plan. The registration permit will be issued to an organization that, as the community gillnet owner, will be responsible for its use in consultation with the Federal fishery manager. The experimental community gillnet will be subject to compliance with Kenai National Wildlife Refuge regulations and restrictions.



Cook Inlet Area


Page 3 of 6

(i) Prior to the season, provide a written operational plan to the Federal fishery manager including a description of fishing method, mesh size requirements, fishing time and location, and how fish will be offered and distributed among households and residents of Ninilchik;

(ii) After the season, provide written documentation of required evaluation information to the Federal fishery manager including, but not limited to, persons or households operating the gear, hours of operation, and number of each species caught and retained or released.

(3) The gillnet owner (organization) may operate the net 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 fishing the gillnet;

(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.

(4) Fishing for Sockeye, Chinook, Coho and Pink salmon will be closed by Federal Special Action prior to the operational plan end dates if the annual total harvest limits for any salmon species is reached or suspended.

(5) Salmon taken in the gillnet fishery will be included as part of dip net/rod and reel fishery annual total harvest limits for the Kasilof River. All fish harvested must be reported to the in-season manager within 72 hours of leaving the fishing location.

(i) A portion of the total annual harvest limits for the Kasilof River will be allocated to the experimental community gillnet fishery.

(ii) The gillnet fishery will be closed once the allocation limit is reached.

(6) Salmon taken in the experimental community gillnet fishery will be included as part of the dip net/rod and reel fishery annual household limits for the Kasilof River.

(7) Residents of Ninilchik may retain other species incidentally caught in the Kasilof River. When the retention of rainbow/steelhead trout has been restricted under Federal subsistence regulations, the gillnet fishery will be closed.

(8) Before leaving the site, all harvested fish must be marked by removing their dorsal fin, and all retained fish must be recorded on the fishing permit.

(9) Failure to respond to reporting requirements or return the completed harvest permit by the due date listed on the permit may result in issuance of a violation notice and will make you ineligible to receive a subsistence permit during the following regulatory year.



Cook Inlet Area


Page 4 of 6

2. How should the new regulation read? Write the regulation the way you would like to see it written. (Additions indicated by underline and deletions by strikethrough)

(I) Residents of Ninilchik may harvest sockeye, Chinook, coho, and pink salmon through an experimentalcommunity gillnet fishery in the Federal public waters of the upper mainstem of the Kasilof River from a Federal regulatory marker on the river below the outlet of Tustumena Lake downstream to the Tustumena Lake boat launch June 16-August 15. The experimental community gillnet fishery will expire 5 years after approval of the first operational plan.

(1) Only one community gillnet can be operated on the Kasilof River. The gillnet cannot be over 10 fathoms in length, and may not obstruct more than half of the river width with stationary fishing gear. Subsistence stationary gillnet gear may not be set within 200 feet of other subsistence stationary gear.

(2) One registration permit will be available and will be awarded by the Federal in-season fishery manager, in consultation with the Kenai National Wildlife Refuge manager, based on the merits of the operational plan. The registration permit will be issued to an organization that, as the community gillnet owner, will be responsible for its use in consultation with the Federal fishery manager. The experimental community gillnet will be subject to compliance with Kenai National Wildlife Refuge regulations and restrictions.

(i) Prior to the season, provide a written operational plan to the Federal fishery manager including a description of fishing method, mesh size requirements, fishing time and location, and how fish will be offered and distributed among households and residents of Ninilchik;

(ii) After the season, provide written documentation of required evaluation information to the Federal fishery manager including, but not limited to, persons or households operating the gear, hours of operation, and number of each species caught and retained or released.

(3) The gillnet owner (organization) may operate the net for subsistence purposes on behalf of residents of Ninilchik by requesting a subsistence fishing permit that:


(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.

(1) Only one community gillnet can be operated on the Kasilof River. The gillnet cannot be over 10 fathoms in length, must be no larger than 5.25-inch mesh, and may not obstruct more than half of the river width with stationary fishing gear. Subsistence stationary gillnet gear may not be set within 200 feet of other subsistence stationary gear.

(2) One registration permit will be available and will be awarded by the Federal in-season fishery manager, in consultation with the Kenai National Wildlife Refuge manager. The registration permit will be issued to the Ninilchik Traditional Council.



Cook Inlet Area


Page 5 of 6

(i) As the community gillnet owner, the Ninilchik Traditional Council will be responsible for its use and removal in consultation with the Federal fishery manager.

(ii) As part of the permit, after the season, the Ninilchik Traditional Council must provide written documentation of required evaluation information to the Federal fishery manager including, but not limited to, persons or households operating the gear, hours of operation, and number of each species caught and retained or released.

(3) The Ninilchik Traditional Council may operate the net for subsistence purposes on behalf of residents of Ninilchik by requesting a subsistence fishing permit that:


(ii) Includes provisions for recording daily catches within 72 hours, the household to whom the catch was given, and other information determined to be necessary for effective resource management by the Federal fishery manager.

(4) Fishing for Sockeye, Chinook, Coho and Pink salmon will be closed by Federal Special Action prior to the fishery operational plan end dates if the annual total harvest limits for any salmon species is reached or suspended.

(5) Salmon taken in the gillnet fishery will be included as part of dip net/rod and reel fishery annual total harvest limits for the Kasilof River. All fish harvested must be reported to the in-season manager within 72 hours of leaving the fishing location.

(i) A portion of the total annual harvest limits for the Kasilof River will be allocated to the experimentalcommunity gillnet fishery.

(ii) The gillnet fishery will be closed once the allocation limit is reached.

(6) Salmon taken in the experimental community gillnet fishery will be included as part of the dip net/rod and reel fishery annual household limits for the Kasilof River.

(7) Residents of Ninilchik may retain other species incidentally caught in the Kasilof River. When the retention of rainbow/steelhead trout has been restricted under Federal subsistence regulations, the gillnet fishery will be closed.

(8) Before leaving the site, all harvested fish must be marked by removing their dorsal fin, and all retained fish must be recorded on the fishing permit.

(9) Failure to respond to reporting requirements or return the completed harvest permit by the due date listed on the permit may result in issuance of a violation notice and will make you ineligible to receive a subsistence permit during the following regulatory year.



Cook Inlet Area


Page 6 of 6

3. Why should this regulation change be made?

• Establish the Kasilof gillnet fishery as a permanent fishery.• Remove operational planning and provide compliance with the regulatory process, which has

been successfully implemented with the Kenai gillnet fishery.• Establish Ninilchik Traditional Council as the eligible fishery manager for the Ninilchik

Community.• Remove repeated language in the regulations and align Kenai and Kasilof gillnet regulations,

thereby addressing differentiating statutes.• Provide reasonable choices to the subsistence users pertaining to harvest efforts and areas.• Remove arbitrary and capricious management issues.

4. What impact will this change have on fish or shellfish populations?It will improve fish management and populations associated with the fisheries. The harvest of fish in the Kasilof gillnet fishery is so negligible that it couldn’t negatively impact fish populations.

5. How will this change / affect subsistence uses?These changes will establish a harvestable fishery for subsistence users as mandated through ANILCA and provide continuity with subsistence regulations.

6. How will this change affect other uses, i.e., sport / recreational and commercial?It won’t. This is not applicable under section 804 of ANILCA.

- Please attach any additional information that would support your proposal. -




FP19-13




Thei MatuskowitzFederal Subsistence Board Office of Subsistence Management1011 East Tudor Road, MS-121Anchorage, AK 99503

Dear Mr. Matuskowitz,

Please consider the following proposal that would extend the current federal subsistence salmon fishery opportunity afforded to residents of Prince William Sound to the waters of the mainstem Copper River. We understand the US Forest Service is submitting a proposal to have the regulations for this fishery added to regulations (now are conditions of the permit) and we wish that, at that time, the restriction on the mainstem waters of the Copper River be lifted.

We do not wish to have other opportunities rescinded, nor have waters south of a line 0.5 miles below the Copper River Highway, beginning at 27 Mile, nor above the Million Dollar Bridge considered for inclusion. This is a small area, just below the highway to the Million Dollar Bridge.

I thank you for your consideration,

John C. WhisselDirectorDepartment of the Environment and Natural Resources.

FP19-14





(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 paragraph (e)(11) of this section.

(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 (b)(1) of this section 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, and Copper River Delta and mainstem Copper River.(v) In the Upper Copper River District, you may take salmon only by fish wheels, rod and reel, or dip nets.() In the Copper River Delta and mainstem Copper River, from the Million Dollar Bridge to a boundary extending 0.5 mile downriver of road crossings of the mainstem Copper River, east of 27 Mile on the Copper River Highway, you may take salmon only by dipnet and rod and reel. (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 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 forthe Glennallen Subdistrict and the Chitina Subdistrict is as follows:

(A) For a household with 1 person, 30 salmon, of which no more than 5 may be Chinook salmon taken by dip net and no more than 5 Chinook taken by rod and reel;(B) For a household with 2 persons, 60 salmon, of which no more than 5 may be Chinook salmon taken by dip net and no more than 5 Chinook taken by rod and reel, plus 10 salmon for each additional person in a household over 2 persons, except that the household's limit for Chinook salmon taken by dip net or rod and reel does not increase;(C) Upon request, permits for additional salmon will be issued for no more than a total of 200 salmon for a permit issued to a household with 1 person, of which no more than 5 may be Chinook salmon taken by dip net and no more than 5 Chinook taken by rod and reel, or no more than a total of 500 salmon for a permit issued to a household with 2 or more persons, of which no more than 5 may be Chinook salmon taken by dip net and no more than 5 Chinook taken by rod and reel.

(xi) The following apply to Upper Copper River District subsistence salmon fishing permits:(A) Only one subsistence fishing permit per subdistrict will be issued to each household per year. If a household has been issued permits for both subdistricts in the same year, both permits must be in your possession and readily available for inspection while fishing or transporting subsistence-taken fish in either subdistrict. A qualified household may also be issued a Batzulnetas salmon fishery permit in the same year;




(B) Multiple types of gear may be specified on a permit, although only one unit of gear may be operated at any one time;(C) You must return your permit no later than October 31 of the year in which the permit is issued, or you may be denied a permit for the following year;(D) A fish wheel may be operated only by one permit holder at one time; that permit holder must have the fish wheel marked as required by paragraph (e)(11) of this section 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 (e)(11)(xiv) of this section:

(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 (e)(11)(xii) of this section;(B) The allowable harvest may not exceed the combined seasonal limits for the households listed on the permit; the permittee will notify the ADF&G or Federal Subsistence Board when households are added to the list, and the seasonal limit may be adjusted accordingly;(C) Members of households listed on a permit issued to a village council or other similarly qualified organization are not eligible for a separate household subsistence fishing permit for the Upper Copper River District;(D) The permit will include provisions for recording daily catches for each fish wheel; location and number of fish wheels; full legal name of the individual responsible for the lawful operation of each fish wheel as described in paragraph (e)(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.

[78 FR 19112, Mar. 29, 2013, as amended at 80 FR 28192, May 18, 2015; 83 FR 3084, Jan. 23, 2018]




FP19-15

Proposal 1 – Federal Subsistence Fishing; Copper River Fish Wheels

1. Name, Organization, and Contact Information (address, phone, fax, or email address)

Wrangell-St.Elias National Park and Preserve P.O.Box 439, Copper Center, AK 99573 Contact: Dave Sarafin, 907-822-7281, [email protected]

2. What regulations do you wish to change?

§100.27(e)(11)(xii)(D) and §100.27(e)(11)(xiii)

3. How should the regulation read?

(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.

(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.

(E)You must check your fish wheel at least once every 10 hours and remove all fish;


Perhaps this regulation was a drafting error when it went in to place. Current regulations put the responsibility on fish wheel owners to check their wheel every 10 hours to remove all fish. However, it would be more appropriate to place this requirement with fish wheel operators, who are not always the owners of the wheel.

The fish wheel owner does not need to be federally qualified to fish or hold a subsistence fishing permit.

§100.27(e)(11)(xii)(D) is in conflict with §100.27(e)(11)(xi)(E) that states that only the subsistence permit holder (or authorized members of the household) may take salmon. Removing the fish from the fish wheel falls under the definition of “take”.

5. Any additional information that will help the Federal Subsistence Board in evaluating this proposed change:




FP19-16

Proposal 2 – Federal Subsistence Fishing; Copper River unit of gear description

1. Name, Organization, and Contact Information (address, phone, fax, or email address)

Wrangell-St.Elias National Park and Preserve P.O.Box 439, Copper Center, AK 99573 Contact: Dave Sarafin, 907-822-7281, [email protected]

2. What regulations do you wish to change?

§100.27(e)(11)(xi)(B)

3. How should the regulation read?

(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 per

person 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 paragraph (e)(11) of this section 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.


Gear types allowed in the Upper Copper River District subsistence fisheries is limited to fish wheel, dip net, and rod and reel. Changing this regulation from “unit of gear” to “unit of gear per person” would allow multiple individuals under a Federal subsistence permit to operate a single type of gear at one time, such as multiple people dip netting or fishing with rod and reel. This has been the practice over the years with the permits that have been issued, and would adjust the regulations to ensure that this is conducted legally.




This would not permit the use of more than one fish wheel at a time, as this is specifically prohibited in §100.27(e)(11)(xii)(A).

Current Federal regulations are actually more restrictive than State regulations which allow one unit of gear per person.

5. Any additional information that will help the Federal Subsistence Board in evaluating

this proposed change:




Organization: Southeast Alaska Subsistence Regional Advisory CouncilAddress: P.O. Box 21628, Juneau, AK 99802Phone: 907-586-7918E-mail: [email protected]

1: What Regulation do you wish to change?

Fisheries Cultural and Traditional (C&T) use determinations for the Southeast and Yakutat Regions.

2: How would the new regulation read?

The Council’s intent is to change the C&T for the Yakutat and Southeast Alaska Region so that all residents of Southeast and Yakutat would have a positive C&T determination for all fish.

3: Why should this regulation change be made?

Many existing C&T were carried over from State regulation and used commercial fishing districts as boundaries. This change would better reflect the actual patterns of use of fish in the Southeast and Yakutat regions and reduce unnecessary regulatory complexity.

4: What impact will this change have on fish populations?

This is a change to C&T determinations. Fish populations are not managed by C&T determinations.There should be no direct effect on fish conservation.

5: How will this change affect subsistence uses?

Subsistence users will be able to fish consistent with historical patterns of use without worrying about restrictive C&T determinations.

6: How will this change affect other uses, such as sport/recreational and commercial?

This change would not affect other users.

FP19-17




Name: Chris OttesenPhysical Address: Farm Island, Stikine RiverMailing Address: P.O. Box 2011 Wrangell, Alaska 99929Phone: 907-470-3765

1: What Regulation do you wish to change?Change the 5 1/2 inch stretched mesh gillnet restriction to 6 ¼ inch stretched mesh in the Sockeye Salmon and Coho Salmon fisheries on the Stikine River.

2: How would the new regulation read?§___.27(e)(13) (xiii) 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 5 ½ 6 1/4; 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) Fishing nets must be checked at least twice each day. 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.

3: Why should this regulation change be made? A 6 ¼ inch mesh net is standard gear for Coho Salmon and should be allowed. If someone uses 6 ¼ mesh for sockeyes many sockeyes will pass through it. There are no conservation concerns with Sockeye or Coho Salmon on the Stikine River and this change will have no effect on the Chinook Salmon season.

4: What impact will this change have on wildlife populations? None.

5: How will this change affect subsistence uses? It would allow a wider range of nets to be used by subsistence users.

6: How will this change affect other uses, such as sport/recreational and commercial? There would be no effect.

FP19-18




Submitted Electronically via eRulemaking Portal Return to Docket Folder Summary

The is a Comment on the Fish and Wildlife Service (FWS) Proposed Rule: Subsistence Management Regulations: Public Lands in Alaska: 2019-20 and 2020-21 Subsistence Taking of Fish and Shellfish Regulations

For related information, Open Docket Folder

Show agency attachment(s)

Attachments

View All (0)

Comment

View document: The Federal Waters of Neva Lake, Neva Creek, and South Creek should be closed to the harvest of Sockeye Salmon by nonfederally qualified subsistence users. Over the past few years the subsistence harvest limit for Sockeye at Neva Creek has been reduced from 40 to 10 salmon, at the same time sport harvest and use by nonresidents, and unguided charter boat renters from urban areas in the lower 48, have continued uncontrolled an unabated. This is a clear violation of Title VIII of ANILCA. A meaningfull preference for

Comment Now! Comment Period Closed

Apr 23 2018, at 11:59 PM ET

ID: FWS-R7-SM-2017-0096-0005 Tracking Number: 1k2-92js-pr8g View original printed format:

Document Information

Date Posted:Apr 12, 2018 RIN:1018-BC06 Show More Details

Submitter Information

Submitter Name:Calvin Casipit City:Gustavus Country:United States ZIP/Postal Code:99826

FP19-19




federally qualified subistence users is not being provided in this location. No documents available.

Attachments

View All (2)



Nonrural Determinations

RP19-01

Federal Subsistence Boardc/o Fish and Wildlife ServiceOffice of Subsistence Management1011 E Tudor Rd., MS-121Anchorage, AK 99503-6199

FISH and WILDLIFE SERVICEBUREAU of LAND MANAGEMENT

NATIONAL PARK SERVICEBUREAU of INDIAN AFFAIRS

FOREST SERVICE

“Like” us on Facebook!www.facebook.com/subsistencealaska

This page intentionally left blank · 2018. 5. 18. · NTC Salmon Revise Kasilof experimental...

Documents

Transcript of This page intentionally left blank · 2018. 5. 18. · NTC Salmon Revise Kasilof experimental...