Federal Subsistence Management Program 2021-2023 Fisheries ... · FP21-03 Yukon Delta National Wildlife Refuge Salmon - Gillnets in tributaries Amend 50 CFR 100.27(e)(4)(xii) to insert

Federal Subsistence Management Program

2021-2023 Fisheries Proposals

Comment period open through July 2, 2020

Comment period open through July 2, 2020*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 July 2, 2020 will be forwarded to the Federal Subsistence Board for theirconsideration; however, they will not be includued in Fall 2020 Regional Advisory Council meeting

materials, or in any proposal analysis.

After December 31, 2020, anyone wishing to provide written comments may do so only by delivering comments directly to the Federal Subsistence Board at its regulatory meeting scheduled for

January, 2021. 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.

Cover photo: Chum salmon spawning: C. Nealson, U.S. Fish and Wildlife Service.

iFederal Subsistence Management Program

INTRODUCTION

The Federal Subsistence Board (Board) invites your comments on the enclosed proposals to change Federal subsistence fisheries regulations for the 2021–2023 regulatory years (April 1, 2021 to March 31, 2023) 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. Fisheries proposals submitted during the current regulatory cycle can be found beginning on page 1.

In addition, the Board is asking for your comments on existing fisheries closures that will be reviewed by the Subsistence Regional Advisory Councils and the Board during this fisheries cycle. The fisheries closures being reviewed can be found beginning on page 36.

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 or fisheries closure number in your comments. All comments received by July 2, 2020 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 30, 2020 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, consistent 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 2021–2023 regulatory years, effective April 1, 2021, and distribute the fisheries regulation book throughout Alaska.

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].

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iiiFederal 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 Katya Wessels 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 and Southcentral RegionsDeAnna Perryjuneau(907) 586-7918Fax: (907) [email protected]

Bristol Bay and Kodiak/Aleutians RegionsDonald MikeAnchorage(800) 478-1456 or (907) 786-3629Fax: (907) [email protected]

Western Interior and Seward Peninsula RegionsKaren Deatheragefairbanks(800) 478-1456 or (907) 474-2270 Fax: (907) [email protected]

Eastern 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:

Katerina “Katya” Wessels(800) 478-1456 or (907) 786-3885

Fax: (907) [email protected]

iv Federal Subsistence Management Program


Proposal Number and Proponent

Species General Description Page

Kuskokwim Area

FP21-01

Yukon Delta National Wildlife Refuge

Salmon - commercial fishing periods

Proposal to repeal closures to subsistence fishing prior to, during, and after State commercial fishing periods in Kuskokwim Districts 1 and 2;

Repeal 50 CFR 100.27(e)(4)(iii);

Repeal first sentence of 50 CFR 100.27(e)(4)(v).

1

FP21-02


Salmon - Gillnet spacing in tributaries

Amend 50 CFR 100.27(e)(4)(xiii) to change spacing between set gillnets in Kuskokwim River tributaries from 150 feet to 75 feet;

-you may not set or operate any part of a set gillnet within 75 feet of any part of another set gillnet.

2

FP21-03


Salmon - Gillnets in tributaries

Amend 50 CFR 100.27(e)(4)(xii) to insert clarify set nets or drift nets;

-you must attach to the bank each subsistence set gillnet operated in tributaries of the Kuskokwim River and fish it substantially perpendicular to the bank and in a substantially straight line.

3

FP21-04


Rainbow Trout

Repeal 50 CFR 100.27(e)(4)(xvi), all parts A,B,C, and D related to Rainbow Trout harvest restrictions;

Regulations are not parallel with current ADF&G subsistence fishing regulations, eliminate the spawning closure period established to protect spawning Rainbow Trout.

4

Bristol Bay AreaFP21-05

Bristol Bay Native Association

Salmon - Commercial fishing Districts

Repeal Federal regulations for subsistence fishing in commercial fishing districts in the Bristol Bay area. 6

FP21-06


Salmon – Dip net, beach seine, gillnet

Add language to include dip net, beach seine and gillnet for harvesting salmon on inland waters within and adjacent to Federal Public Lands and Conservation System Units in the Bristol Bay Area and to align the Federal with the State subsistence regulations.

9

vFederal Subsistence Management Program


FP21-07


Salmon - Egegik River Closures

Repeal Egegik River salmon restrictions to align with state subsistence regulations. 10

FP21-08


All fish - Stream Mouth Closures

Repeal regulation prohibiting the take of fish within 300 feet of stream mouth used by salmon, and align with State regulations.

11

Cook Inlet Area

FP21-09

U.S. Fish and Wildlife Service

Chinook Salmon

Revise Kenai River regulations to remove the terms early- and late-run in reference to Chinook Salmon and replace the terms with dates.

12

Prince William Sound AreaFP21-10

Jewell; Carter

Sockeye Salmon – new fishery

Proposal to create new dip net fishery for Sockeye Salmon in the lower Copper River. 25

FP21-11

Kirk Wilson

All fish - Harvest reporting

Proposal to record daily harvest and report to the agency that issued permit within 3 days of harvest. 28

FP21-12

Kirk Wilson

Salmon – Dip net mesh- Methods and means

Monofilament or multifilament mesh dip nets may not be used before August 15th (when the majority of the Chinook run has passed into the upper Copper River). Before this time, dip nets must be rigged with braided, inelastic mesh.

30

FP21-13

Kirk Wilson

Salmon – Dip net use – Methods and means

Prohibit fishing with dip nets from boats or craft floating in the river; only allow dip net use from banks. 32

FP21-14

Kirk Wilson

Fish finder – Methods and means

Prohibit use of onboard device that indicates bathymetry and/or fish locations (fish finders) while fishing from boat or other watercraft in the upper Copper River.

34

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1Federal Subsistence Management Program


Yukon-Northern Area

FP21-01

• Your name and contact information (address, phone, fax, or E-mail address) o Yukon Delta National Wildlife Refuge o 807 Chief Eddie Hoffman Highway, Bethel, AK, 99559 o 907-543-3151

• Your organization (if applicable).

o Yukon Delta National Wildlife Refuge, United States Fish and Wildlife Service

• 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.”

o Repeal 50 CFR 100.27(e)(4)(iii) o Repeal first sentence of 50 CFR 100.27(e)(4)(v)

(4) Kuskokwim Area...

(iii) In District 1, Kuskokuak Slough, from June 1 through July 31 only, you may not take salmon for 16 hours before and during each State open commercial salmon fishing period in the district. (v) In District 2, and anywhere in tributaries that flow into the Kuskokwim River within that district, from June 1 through September 8 you may not take salmon by net gear or fish wheel for 16 hours before or during, and for 6 hours after each open commercial salmon fishing period in the district. You may subsistence fish for salmon with rod and reel 24 hours per day, 7 days per week, unless rod and reel are specifically restricted by paragraph (e)(4) of this section.

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


(iii) In District 1, Kuskokuak Slough, from June 1 through July 31 only, you may not take salmon for 16 hours before and during each State open commercial salmon fishing period in the district. (v) In District 2, and anywhere in tributaries that flow into the Kuskokwim River within that district, from June 1 through September 8 you may not take salmon by net gear or fish wheel for 16 hours before or during, and for 6 hours after each open commercial salmon fishing period in the district. You may subsistence fish for salmon with rod and reel 24 hours per day, 7 days per week, unless rod and reel are specifically restricted by paragraph (e)(4) of this section.

• Explain why this regulation change should be made.

o Current Federal subsistence fisheries regulations are not parallel with ADF&G regulations.

These requested regulation changes would match Federal and State regulations. Times of closure before and after commercial openings are now announced via State emergency order; thus, these regulations are more restrictive than what State could currently announce. Additionally, the regulation change requested in part (v) makes the regulation less confusing as the first and second sentences have no relation to one another

2 Federal Subsistence Management Program


Yukon-Northern Area

FP21-02





o Amend 50 CFR 100.27(e)(4)(xiii) to change 150 feet to 75 feet (4) Kuskokwim Area...

(xiii) Within a tributary to the Kuskokwim River in that portion of the Kuskokwim River drainage from the north end of Eek Island upstream to the mouth of the Kolmakoff River, you may not set or operate any part of a set gillnet within 150 feet of any part of another set gillnet.



(xiii) Within a tributary to the Kuskokwim River in that portion of the Kuskokwim River drainage from the north end of Eek Island upstream to the mouth of the Kolmakoff River, you may not set or operate any part of a set gillnet within 150 75 feet of any part of another set gillnet.


o Current Federal subsistence fisheries regulations are not parallel with ADF&G regulations. These

requested regulation changes would match Federal and State regulations. The current Federal restriction is more restrictive than the current State regulation. Changed occurred during AYK Board of Fish meeting in January 2019.

o Adoption of this proposal will reduce user confusion and enforcement concerns.



Yukon-Northern Area

FP21-03





o Amend 50 CFR 100.27(e)(4)(xiii) to change 150 feet to 75 feet (4) Kuskokwim Area...

(xiii) Within a tributary to the Kuskokwim River in that portion of the Kuskokwim River drainage from the north end of Eek Island upstream to the mouth of the Kolmakoff River, you may not set or operate any part of a set gillnet within 150 feet of any part of another set gillnet.



(xiii) Within a tributary to the Kuskokwim River in that portion of the Kuskokwim River drainage from the north end of Eek Island upstream to the mouth of the Kolmakoff River, you may not set or operate any part of a set gillnet within 150 75 feet of any part of another set gillnet.


o Current Federal subsistence fisheries regulations are not parallel with ADF&G regulations. These

requested regulation changes would match Federal and State regulations. The current Federal restriction is more restrictive than the current State regulation. Changed occurred during AYK Board of Fish meeting in January 2019.

o Adoption of this proposal will reduce user confusion and enforcement concerns.





o Amend 50 CFR 100.27(e)(4)(xii) to insert clarify set nets or drift nets (4) Kuskokwim Area...

(xii) You must attach to the bank each subsistence gillnet operated in tributaries of the Kuskokwim River and fish it substantially perpendicular to the bank and in a substantially straight line.



(xii) You must attach to the bank each subsistence set gillnet operated in tributaries of the Kuskokwim River and fish it substantially perpendicular to the bank and in a substantially straight line.


o This regulation is found in both Federal and State (5 AAC 01.270(d)) subsistence fishing regulations and has been in its current form since Federal subsistence regulations were converted from State regulations in 1999

o Up until the Kodiak Finfish Alaska Board of Fisheries (BOF) meeting in January 2020, the language in the State and Federal regulation matched up exactly. However, during the previously mentioned BOF meeting, ADF&G was able to add the word “set” in front of gillnet during the error and omissions part of the meeting. Therefore, the State regulation now reads in the way this proposal suggests the current Federal regulation be rewritten. Implementing this change, as ADF&G has, will match Federal and State regulations. As written in State regulations now, the Federal regulation is more restrictive than the State regulation (e.g. no drifting in any tributaries versus drifting allowed in tributaries).



Yukon-Northern Area

FP21-04• Your name and contact information (address, phone, fax, or E-mail address)

o Yukon Delta National Wildlife Refuge o 807 Chief Eddie Hoffman Highway, Bethel, AK, 99559 o 907-543-3151

• Your organization (if applicable). o Yukon Delta National Wildlife Refuge, United States Fish and Wildlife Service

• 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.”

o Repeal 50 CFR 100.27(e)(4)(xvi), all parts A, B,C, and D. (4) Kuskokwim Area...

(xvi) You may take rainbow trout only in accordance with the following restrictions:

(A) You may take rainbow trout only by the use of gillnets, dip nets, fyke nets, handline, spear, rod and reel, or jigging through the ice;

(B) You may not use gillnets, dip nets, or fyke nets for targeting rainbow trout from March 15 through June 15;

(C) If you take rainbow trout incidentally in other subsistence net fisheries and

through the ice, you may retain them for subsistence purposes;

(D) There are no harvest limits with handline, spear, rod and reel, or jigging.



(xvi) You may take rainbow trout only in accordance with the following restrictions:

(A) You may take rainbow trout only by the use of gillnets, dip nets, fyke nets, handline, spear, rod and reel, or jigging through the ice;

(B) You may not use gillnets, dip nets, or fyke nets for targeting rainbow trout from March 15 through June 15;

(C) If you take rainbow trout incidentally in other subsistence net fisheries and

through the ice, you may retain them for subsistence purposes;

(D) There are no harvest limits with handline, spear, rod and reel, or jigging. • Explain why this regulation change should be made.

o Current Federal subsistence fishery regulations for rainbow trout were likely adopted from State regulations years ago and are not parallel with current ADF&G subsistence fishing regulations. The regulation defining the State’s directed rainbow trout subsistence fisheries were modified to remove a directed fishery and current State



Yukon-Northern Area

regulation allow for an incidental retention of rainbow trout in other directed subsistence fisheries. Deleting this section of Federal subsistence regulations would result in the rainbow trout fishery being managed under the overarching area regulations which clearly describe the gear types authorized for non-salmon species.

o Removing (4)(xiv)(B) will eliminate the spawning closure period established to protect spawning rainbow trout. Spawning period closures to protect rainbow trout are a standard conservation tool used by managers in Alaska. In high use areas, some rainbow trout populations require protecting from exploitation during the spawning season. In other areas, harvest by all users combined is negligible and extra conservative measures are unnecessary. If conservation management actions are warranted, spawning closures may be deployed by the fisheries managers by emergency action.

o These requested regulation changes would result in a Federal subsistence fishery for rainbow trout in the Kuskokwim River drainage which is more liberal than the State’s subsistence regulations correcting the current issue of the Federal fisheries regulation being more restrictive than the current State regulation.



Bristol Bay Area

FP21-05

Cody Larson 1500 Kanakanak Road Dillingham, AK 99576 907-842-5257 [email protected] Bristol Bay Native Association

Proposal 1: The following highlighted regulations suggest that the federal regulations for subsistence fishing apply to commercial fishing districts in marine waters. None of the commercial fishing districts in the Bristol Bay area are located on inland waters within or adjacent to federal public lands or conservation system units.

Repealing these regulations simplifies where federal subsistence fishing regulations apply to qualified subsistence fishers.

50 CFR 100.27

(e) Fishery management area restrictions.

(5) Bristol Bay Area. The Bristol Bay Area includes all waters of Bristol Bay, including drainages enclosed by a line from Cape Newenham to Cape Menshikof.

(i) Unless restricted in this section, or unless under the terms of a subsistence fishing permit, you may take fish at any time in the Bristol Bay area.

(ii) In all State commercial salmon districts, from May 1 through May 31 and October 1 through October 31, you may subsistence fish for salmon only from 9:00 a.m. Monday until 9:00 a.m. Friday. From June 1 through September 30, within the waters of a commercial salmon district, you may take salmon only during State open commercial salmon fishing periods.

(iii) In the Egegik River from 9 a.m. June 23 through 9 a.m. July 17, you may take salmon only during the following times: From 9 a.m. Tuesday to 9 a.m. Wednesday and from 9:00 a.m. Saturday to 9 a.m. Sunday.

(iv) You may not take fish from waters within 300 feet of a stream mouth used by salmon.

(v) You may not subsistence fish with nets in the Tazimina River and within one-fourth mile of the terminus of those waters during the period from September 1 through June 14.

(vi) Within any district, you may take salmon, herring, and capelin by set gillnets only.



Bristol Bay Area

(vii) Outside the boundaries of any district, unless otherwise specified, you may take salmon by set gillnet only.

(A) You may also take salmon by spear in the Togiak River, excluding its tributaries.

(B) You may also use drift gillnets not greater than 10 fathoms in length to take salmon in the Togiak River in the first 2 river miles upstream from the mouth of the Togiak River to the ADF&G regulatory markers.

(C) You may also take salmon without a permit in Sixmile Lake and its tributaries within and adjacent to the exterior boundaries of Lake Clark National Park and Preserve unless otherwise prohibited, and Lake Clark and its tributaries, by snagging (by handline or rod and reel), using a spear, bow and arrow, rod and reel, or capturing by bare hand.

(D) You may also take salmon by beach seines not exceeding 25 fathoms in length in Lake Clark, excluding its tributaries.

(E) You may also take fish (except rainbow trout) with a fyke net and lead in tributaries of Lake Clark and the tributaries of Sixmile Lake within and adjacent to the exterior boundaries of Lake Clark National Park and Preserve unless otherwise prohibited.

(1) You may use a fyke net and lead only with a permit issued by the Federal in-season manager.

(2) All fyke nets and leads must be attended at all times while in use.

(3) All materials used to construct the fyke net and lead must be made of wood and be removed from the water when the fyke net and lead is no longer in use.

(viii) The maximum lengths for set gillnets used to take salmon are as follows:

(A) You may not use set gillnets exceeding 10 fathoms in length in the Egegik River;

(B) In the remaining waters of the area, you may not use set gillnets exceeding 25 fathoms in length.

(ix) You may not operate any part of a set gillnet within 300 feet of any part of another set gillnet.

(x) You must stake and buoy each set gillnet. Instead of having the identifying information on a keg or buoy attached to the gillnet, you may



Bristol Bay Area

plainly and legibly inscribe your first initial, last name, and subsistence permit number on a sign at or near the set gillnet.

(xi) You may not operate or assist in operating subsistence salmon net gear while simultaneously operating or assisting in operating commercial salmon net gear.

(xii) During State closed commercial herring fishing periods, you may not use gillnets exceeding 25 fathoms in length for the subsistence taking of herring or capelin.

(xiii) You may take fish other than salmon, herring, and capelin by gear listed in this part unless restricted under the terms of a subsistence fishing permit.

(xiv) You may take salmon only under authority of a State subsistence salmon permit (permits are issued by ADF&G) except when using a Federal permit for fyke net and lead.

(xv) Only one State subsistence fishing permit for salmon and one Federal permit for use of a fyke net and lead for all fish (except rainbow trout) may be issued to each household per year.

(xvi) In the Togiak River section and the Togiak River drainage:

(A) You may not possess coho salmon taken under the authority of a subsistence fishing permit unless both lobes of the caudal fin (tail) or the dorsal fin have been removed.

(B) You may not possess salmon taken with a drift gillnet under the authority of a subsistence fishing permit unless both lobes of the caudal fin (tail) or the dorsal fin have been removed.

(xvii) You may take rainbow trout only by rod and reel or jigging gear. Rainbow trout daily harvest and possession limits are two per day/two in possession with no size limit from April 10 through October 31 and five per day/five in possession with no size limit from November 1 through April 9.

(xviii) If you take rainbow trout incidentally in other subsistence net fisheries, or through the ice, you may retain them for subsistence purposes.



Bristol Bay Area

FP21-06


Proposal 4: These current federal subsistence fishing regulations are more restrictive than our state subsistence fishing regulations. Adding the following language more closely aligns the federal with the state subsistence regulations, and does not specify dates of restricted use for each method.

This change will provide a simple understanding of the restricted methods of harvesting salmon on inland waters within and adjacent to Federal Public Lands and Conservation System Units in Bristol Bay. The New Language is in Bold.

50 CFR 100.27



(vii) Outside the boundaries of any district, unless otherwise specified, you may take salmon by set gillnet (dipnet, beach seine, and gillnet) only.

(A) You may also take salmon by spear in the Togiak River, excluding its tributaries.

(B) You may also use drift gillnets not greater than 10 fathoms in length to take salmon in the Togiak River in the first 2 river miles upstream from the mouth of the Togiak River to the ADF&G regulatory markers.

(C) You may also take salmon without a permit in Sixmile Lake and its tributaries within and adjacent to the exterior boundaries of Lake Clark National Park and Preserve unless otherwise prohibited, and Lake Clark and its tributaries, by snagging (by handline or rod and reel), using a spear, bow and arrow, rod and reel, or capturing by bare hand.

(D) You may also take salmon by beach seines not exceeding 25 fathoms in length in Lake Clark, excluding its tributaries.



Bristol Bay Area


Proposal 2: This schedule of subsistence fishing in the Egegik River is more restrictive than State Subsistence Regulations. There is no scheduled subsistence fishing closures in the Egegik River under state regulations, and resource scarcity is not a factor in the Egegik River waters within and adjacent to the Becharof Wildlife Refuge and Alaska Maritime Refuge boundaries.

50 CFR 100.27



(iii) In the Egegik River from 9 a.m. June 23 through 9 a.m. July 17, you may take salmon only during the following times: From 9 a.m. Tuesday to 9 a.m. Wednesday and from 9:00 a.m. Saturday to 9 a.m. Sunday.

FP21-07



Bristol Bay Area

FP21-08Cody Larson 1500 Kanakanak Road Dillingham, AK 99576 907-842-5257 [email protected] Bristol Bay Native Association

Proposal 3: The taking of fish near stream mouths is a common practice. These areas of closure are more restrictive than the state subsistence regulations, and is a relic of old commercial fishing restrictions. This closure should be repealed, as the intent for conservation can be achieved by the language that is already in the general provisions, (50 CFR 100.27(b)(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.

50 CFR 100.27



(iv) You may not take fish from waters within 300 feet of a stream mouth used by salmon.



Cook Inlet Area

Page 1

Proposal to Change Federal Subsistence Regulations for the Harvest of Fish and Shellfish

Your Name and Organization: Jeffry Anderson, Field Supervisor

U.S. Fish and Wildlife Service Inseason Manager for Cook Inlet Federal Subsistence Fisheries

Mailing address: Kenai Fish & Wildlife Conservation Office 43655 Kalifornsky Beach Road Soldotna, AK 99669

Daytime telephone: 907-260-0132 1. What regulation do you wish to change? (Include fishing district or area, species, and

current regulation, if possible.) Cook Inlet Area

§___.27(e)(10)(iii) Seasons, harvest limits, and methods and means for Kenai River fisheries. Household annual limits for salmon in Kenai River fisheries are as follows:

Species

Number of fish allowed for each permit holder

Additional fish allowed for each household member Additional provisions

Sockeye salmon 25 5 Chum salmon that are retained are to be included within the annual limit for sockeye salmon.

Chinook salmon— Early-run (July 1 through July 15)

2 1 For the Kenai River community gillnet fishery described under paragraph (e)(10)(iii)(B) of this section.

Chinook salmon—Late-run (July 16 through August 31)

10 2

FP21-09

Page 2

Coho salmon 20 5

Pink salmon 15 5

(A) Kenai River dip net or rod and reel; salmon. (1) You may take only sockeye salmon through a dip net or rod and reel fishery at one specified site on the Russian River.

(i) For the Russian River fishing site, incidentally caught fish may be retained for subsistence uses, except for early- and late-run Chinook salmon, coho salmon, rainbow trout, and Dolly Varden, which must be released. (ii) At the Russian River Falls site, dip netting is allowed from a Federal regulatory marker near the upstream end of the fish ladder at Russian River Falls downstream to a Federal regulatory marker approximately 600 yards below Russian River Falls. Residents using rod and reel gear at this fishery site may not fish with bait at any time.

(2) You may take sockeye, late-run Chinook, coho, and pink salmon through a dip net or rod and reel fishery at two specified sites on the Kenai River below Skilak Lake and as provided in this section.

(i) For both Kenai River fishing sites below Skilak Lake, incidentally caught fish may be retained for subsistence uses, except for early-run Chinook salmon (unless otherwise provided for in this section), rainbow trout 18 inches or longer, and Dolly Varden 18 inches or longer, which must be released. (ii) At the Kenai River Moose Range Meadows site, dip netting is allowed only from a boat from a Federal regulatory marker on the Kenai River at about river mile 29 downstream approximately 2.5 miles to another marker on the Kenai River at about river mile 26.5. Residents using rod and reel gear at this fishery site may fish from boats or from shore with up to two baited single or treble hooks June 15 through August 31. (iii) At the Kenai River mile 48 site, dip netting is allowed while either standing in the river or from a boat, from



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Coho salmon 20 5

Pink salmon 15 5


(i) For the Russian River fishing site, incidentally caught fish may be retained for subsistence uses, except for early- and late-run Chinook salmon, coho salmon, rainbow trout, and Dolly Varden, which must be released. (ii) At the Russian River Falls site, dip netting is allowed from a Federal regulatory marker near the upstream end of the fish ladder at Russian River Falls downstream to a Federal regulatory marker approximately 600 yards below Russian River Falls. Residents using rod and reel gear at this fishery site may not fish with bait at any time.


(i) For both Kenai River fishing sites below Skilak Lake, incidentally caught fish may be retained for subsistence uses, except for early-run Chinook salmon (unless otherwise provided for in this section), rainbow trout 18 inches or longer, and Dolly Varden 18 inches or longer, which must be released. (ii) At the Kenai River Moose Range Meadows site, dip netting is allowed only from a boat from a Federal regulatory marker on the Kenai River at about river mile 29 downstream approximately 2.5 miles to another marker on the Kenai River at about river mile 26.5. Residents using rod and reel gear at this fishery site may fish from boats or from shore with up to two baited single or treble hooks June 15 through August 31. (iii) At the Kenai River mile 48 site, dip netting is allowed while either standing in the river or from a boat, from



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Federal regulatory markers on both sides of the Kenai River at about river mile 48 (approximately 2 miles below the outlet of Skilak Lake) downstream approximately 2.5 miles to a marker on the Kenai River at about river mile 45.5. Residents using rod and reel gear at this fishery site may fish from boats or from shore with up to two baited single or treble hooks June 15 through August 31.

(3) Fishing seasons are as follows:

Species Season Location

Sockeye salmon June 15-August 15 All three sites.

Late-run Chinook salmon July 16-September 30 Kenai River sites only.

Pink salmon July 16-September 30 Kenai River sites only.

Coho salmon July 16-September 30 Kenai River sites only. (B) Kenai River gillnet; salmon.

(1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and pink salmon in the Moose Range Meadows area of the Federal public waters of the Kenai River with a single gillnet to be managed and operated by the Ninilchik Traditional Council. (2) Fishing will be allowed July 1 through August 15 and September 10-30 on the Kenai River unless closed or otherwise restricted by Federal special action. The following conditions apply to harvest in the Kenai River community gillnet fishery:

(i) Salmon taken in this fishery will be included as household annual limits of participating households. (ii) The Ninilchik Traditional Council will report all harvested fish within 72 hours of leaving the gillnet location. (iii) Additional harvest restrictions for this fishery are as follows:

Species Period Harvest Fishery limits

Sockeye salmon July 1-August 15 and



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September 10-30

Early-run Chinook salmon less than 46 inches in length or greater than 55 inches in length

July 1-15 Fish may be retained if the most current preseason forecast from the State of Alaska Department of Fish and Game projects the in-river run to be within or above the optimal escapement goal range for early-run Chinook salmon; otherwise, live fish must be released

Fishery will close until July 16 once 50 early-run Chinook salmon have been retained or released.

Late-run Chinook salmon

July 16-August 15

Fishery will close prior to August 15 if 200 late-run Chinook salmon have been retained or released prior to that date. Fishery will reopen September 10-30 for species available at that time.

Pink salmon July 16-August 15 and September 10-30

Coho salmon July 16-August 15 and September 10-30

Incidentally caught rainbow trout and Dolly Varden

All live fish must be released. Fish that die in net may be retained

Fishery will close for the season once 100 rainbow trout or 150 Dolly Varden have been released or retained.



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(iv) Chinook salmon less than 20 inches in length may be retained and do not count towards retained or released totals. (v) Other incidentally caught species may be retained; however, all incidental fish mortalities, except for Chinook salmon less than 20 inches in length, count towards released or retained totals specified in this section.

(3) Only one community gillnet may be operated on the Kenai River.

(i) The gillnet may not: Be over 10 fathoms in length to take salmon; be larger than 5.25-inch mesh; and obstruct more than half of the river width with stationary fishing gear. (ii) Subsistence stationary gillnet gear may not be set within 200 feet of other subsistence stationary gear.

(4) One registration permit will be available and will be issued by the Federal in-season manager, in consultation with the Kenai National Wildlife Refuge manager, to the Ninilchik Traditional Council. As the community gillnet owner, the Ninilchik Traditional Council will be responsible for its use and removal in consultation with the Federal in-season manager. As part of the permit, the Ninilchik Traditional Council must provide post-season written documentation of required evaluation information to the Federal in-season manager including, but not limited to:

(i) Persons or households operating the gear; (ii) Hours of operation; and (iii) Number of each species caught and retained or released.

(5) The Ninilchik Traditional Council 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; and (ii) Includes provisions for recording daily catches, the household to whom the catch was given, and other



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information determined to be necessary for effective resource management by the Federal in-season manager.

(C) Kenai River rod and reel only; salmon. (1) For Federally managed waters of the Kenai River and its tributaries, you may take sockeye, Chinook, coho, pink, and chum salmon through a separate rod and reel fishery in the Kenai River drainage. (2) Seasons, areas, harvest and possession limits, and methods and means for take are the same as for the taking of these salmon species under State of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC 77.540), except for the following harvest and possession limits:

Species Size Limits

Chinook salmon— Early-run (January 1 through July 15)

Less than 46 inches or 55 inches and longer

2 per day and 2 in possession.


20 inches and longer


All other salmon 16 inches and longer

6 per day and 6 in possession, of which no more than 4 per day and 4 in possession may be Coho salmon, except for the Sanctuary Area and Russian River where no more than 2 per day and 2 in possession may be Coho salmon. (i) In the Kenai River below Skilak Lake, fishing is allowed with up to two baited single or treble hooks June 15 through August 31. (ii) Annual harvest limits for any combination of early- and late-run Chinook salmon are four for each permit holder. (iii) Incidentally caught fish, other than salmon, are subject to regulations found in paragraph (e)(10)(iii)(D) of this section.

2. How should the new regulation read? (Write the regulation the way you would like to



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see it written.) Cook Inlet Area

§___.27(e)(10)(iii) Seasons, harvest limits, and methods and means for Kenai River fisheries. Household annual limits for salmon in Kenai River fisheries are as follows:

Species

Number of fish allowed for each permit holder

Additional fish allowed for each household member Additional provisions

Sockeye salmon 25 5 Chum salmon that are retained are to be included within the annual limit for sockeye salmon.

Chinook salmon— Early-run (July 1 through July 15)

2 1 For the Kenai River community gillnet fishery described under paragraph (e)(10)(iii)(B) of this section.


10 2

Coho salmon 20 5

Pink salmon 15 5


(i) For the Russian River fishing site, incidentally caught fish may be retained for subsistence uses, except for early- and late-run Chinook salmon, coho salmon, rainbow trout, and Dolly Varden, which must be released. (ii) At the Russian River Falls site, dip netting is allowed from a Federal regulatory marker near the upstream end of the fish ladder at Russian River Falls downstream to a Federal regulatory marker approximately 600 yards below



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Russian River Falls. Residents using rod and reel gear at this fishery site may not fish with bait at any time.


(i) For both Kenai River fishing sites below Skilak Lake, incidentally caught fish may be retained for subsistence uses, except for early-run Chinook salmon prior to July 16 (unless otherwise provided for in this section), rainbow trout 18 inches or longer, and Dolly Varden 18 inches or longer, which must be released. (ii) At the Kenai River Moose Range Meadows site, dip netting is allowed only from a boat from a Federal regulatory marker on the Kenai River at about river mile 29 downstream approximately 2.5 miles to another marker on the Kenai River at about river mile 26.5. Residents using rod and reel gear at this fishery site may fish from boats or from shore with up to two baited single or treble hooks June 15 through August 31. (iii) At the Kenai River mile 48 site, dip netting is allowed while either standing in the river or from a boat, from Federal regulatory markers on both sides of the Kenai River at about river mile 48 (approximately 2 miles below the outlet of Skilak Lake) downstream approximately 2.5 miles to a marker on the Kenai River at about river mile 45.5. Residents using rod and reel gear at this fishery site may fish from boats or from shore with up to two baited single or treble hooks June 15 through August 31.

(3) Fishing seasons are as follows:

Species Season Location

Sockeye salmon June 15-August 15 All three sites.

Late-run Chinook salmon July 16-September 30 Kenai River sites only.

Pink salmon July 16-September 30 Kenai River sites only.



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Coho salmon July 16-September 30 Kenai River sites only. (B) Kenai River gillnet; salmon.

(1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and pink salmon in the Moose Range Meadows area of the Federal public waters of the Kenai River with a single gillnet to be managed and operated by the Ninilchik Traditional Council. (2) Fishing will be allowed July 1 through August 15 and September 10-30 on the Kenai River unless closed or otherwise restricted by Federal special action. The following conditions apply to harvest in the Kenai River community gillnet fishery:

(i) Salmon taken in this fishery will be included as household annual limits of participating households. (ii) The Ninilchik Traditional Council will report all harvested fish within 72 hours of leaving the gillnet location. (iii) Additional harvest restrictions for this fishery are as follows:

Species Period Harvest Fishery limits

Sockeye salmon July 1-August 15 and September 10-30

Early-run Chinook salmon less than 46 inches in length or greater than 55 inches in length

July 1-15 Fish may be retained if the most current preseason forecast from the State of Alaska Department of Fish and Game projects the in-river run to be within or above the optimal escapement goal range for early-run Chinook salmon; otherwise, live fish must be released

Fishery will close until July 16 once 50 early-run Chinook salmon have been retained or released.

Late-run Chinook salmon

July 16-August 15

Fishery will close prior to August 15 if 200 late-run



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Chinook salmon have been retained or released between July 16 and prior to that date. Fishery will reopen September 10-30 for species available at that time.

Pink salmon July 16-August 15 and September 10-30

Coho salmon July 16-August 15 and September 10-30

Incidentally caught rainbow trout and Dolly Varden

All live fish must be released. Fish that die in net may be retained

Fishery will close for the season once 100 rainbow trout or 150 Dolly Varden have been released or retained.

(iv) Chinook salmon less than 20 inches in length may be retained and do not count towards retained or released totals. (v) Other incidentally caught species may be retained; however, all incidental fish mortalities, except for Chinook salmon less than 20 inches in length, count towards released or retained totals specified in this section.

(3) Only one community gillnet may be operated on the Kenai River.

(i) The gillnet may not: Be over 10 fathoms in length to take salmon; be larger than 5.25-inch mesh; and obstruct more than half of the river width with stationary fishing gear.



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(ii) Subsistence stationary gillnet gear may not be set within 200 feet of other subsistence stationary gear.

(4) One registration permit will be available and will be issued by the Federal in-season manager, in consultation with the Kenai National Wildlife Refuge manager, to the Ninilchik Traditional Council. As the community gillnet owner, the Ninilchik Traditional Council will be responsible for its use and removal in consultation with the Federal in-season manager. As part of the permit, the Ninilchik Traditional Council must provide post-season written documentation of required evaluation information to the Federal in-season manager including, but not limited to:

(i) Persons or households operating the gear; (ii) Hours of operation; and (iii) Number of each species caught and retained or released.

(5) The Ninilchik Traditional Council 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; and (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 in-season manager.

(C) Kenai River rod and reel only; salmon. (1) For Federally managed waters of the Kenai River and its tributaries, you may take sockeye, Chinook, coho, pink, and chum salmon through a separate rod and reel fishery in the Kenai River drainage. (2) Seasons, areas, harvest and possession limits, and methods and means for take are the same as for the taking of these salmon species under State of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC 77.540), except for the following harvest and possession limits:

Species Size Limits



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Chinook salmon— Early-run (January 1 through July 15)

Less than 46 inches or 55 inches and longer



20 inches and longer


All other salmon 16 inches and longer

6 per day and 6 in possession, of which no more than 4 per day and 4 in possession may be Coho salmon, except for the Sanctuary Area and Russian River where no more than 2 per day and 2 in possession may be Coho salmon. (i) In the Kenai River below Skilak Lake, fishing is allowed with up to two baited single or treble hooks June 15 through August 31. (ii) Annual harvest limits for any combination of early- and late-run Chinook salmon are four for each permit holder. (iii) Incidentally caught fish, other than salmon, are subject to regulations found in paragraph (e)(10)(iii)(D) of this section.

3. Why should this regulation change be made?

The overall effect of this proposal is to remove confusing and outdated regulatory language about early- and late-run Chinook Salmon. Early-run Chinook Salmon begin arriving in the Kenai River below Skilak Lake starting in June and spawn from late July through mid-August. Late-run Chinook Salmon begin arriving in the river below Skilak Lake starting in late July and spawn throughout the month of August. There is considerable geographic and temporal overlap for both stocks within waters under Federal subsistence fisheries jurisdiction even though current Federal regulations define separate seasons and harvest limits. This leads to confusion in existing regulations. For example, existing regulations require the release of early-run Chinook Salmon in the dipnet fishery below Skilak Lake although a Chinook Salmon captured in a dipnet in this stretch of river on August 1 could be of either stock. Eliminating the terminology for early- and late- runs and basing regulations on current knowledge of overlapping run timing will limit confusion and achieve conservation for



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Chinook Salmon throughout their residence in fresh water. Current resolution of genetic information does not allow for finer-scale management of Chinook Salmon that spawn in the mainstem Kenai River.

4. What impact will this change have on wildlife/fish populations?

This is an administrative change that will not affect wildlife/fish populations. 5. How will this change affect subsistence users?

These administrative changes will make it easier for Federally qualified subsistence users to understand when, where, and how they are able to harvest Chinook Salmon in the Kenai River

6. How will this change affect other uses, i.e. sport/recreational and commercial? This administrative change will not affect other users.



Prince William Sound Area

Proposal to open dipnetting in Lower Copper River

1. Your name, organization, and contact information (address, phone, fax, or e-mail address)

Name: Jesse Carter Name: Robert Jewell Address: PO Box 2771 Cordova, AK. 99574 Address: PO Box 2173 Phone: 907-429-2149 Phone: 907-429-2122 Email: [email protected] Email: [email protected]

2. 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.”

Current and proposed regulations, as they appear in the Federal Subsistence Harvest of Fish and Shellfish

For the Chugach National Forest Portion of the Prince William Sound Area permits:

• In the Chugach National Forest portion of the Prince William Sound Area you must possess a Federal subsistence fishing permit to take salmon, trout, whitefish, Grayling, Dolly Varden, or char. Permits are available from the Cordova Ranger District.

• Salmon harvest is not allowed in Eyak Lake and its tributaries, Copper River and its tributaries, Clear Creek, and Eyak River upstream from the Copper River Highway bridge.

• You must record on your subsistence permit the number of subsistence fish taken. You must record all harvested fish prior to leaving the fishing site and return the permit by the due date marked on the permit.

• You must remove both lobes of the caudal (tail) fin from subsistence-caught salmon before leaving the fishing site.

• You may take salmon by rod and reel, dip net, spear, and gaff year round, except as specified in the freshwater streams section on page 74. Chugach National Forest portion

• Personal and household limits for salmon (other than pink salmon) are to be cumulative between the lower Copper River, freshwaters of the Copper River Delta, and the State subsistence gillnet fishery on the Copper River flats

FP21-10




Chugach National Forest portion of Prince William Sound Area permits Household Size Annual Harvest Limits and Permit Restrictions One-person household 15 salmon (other than Pink) may be taken; 5

Cutthroat Trout, with only 2 over 20 inches may be taken; no more than 5 chinook per household; Pink Salmon: see the conditions of the permit

Household of two or more persons For a household with two persons, 30 salmon (other than Pink) may be taken, plus an additional 10 salmon for each additional person in a household over two; 5 Cutthroat Trout, with only 2 over 20 inches per each household member with a maximum household limit of 30 Cutthroat Trout; no more than 5 chinook per household; Pink Salmon: see the conditions of the permit

3. How should the regulation read? Write the regulation the way you would like to see it written inthe regulations.

See insertions and deletions listed above in bold

4. Why should this regulation change be made? 5. You should provide any additional informationthat you believe will help the Federal Subsistence Board in evaluating the proposed change.

Despite living at the mouth of the Copper River, Cordova residents have limited opportunity to harvest sockeye or king salmon for subsistence, unless they own an adequate boat and possess the experience necessary to navigate to and fish the Copper River flats under the State subsistence gillnet fishery. This proposal would create an alternative for Cordova residents, to dip net sockeye and kings from the mainstem Copper River. It would reduce some pressure by residents on the crowded Ibeck Creek coho fishery, and while some users of the State Copper River subsistence gillnet fishery might decide to dipnet the lower Copper River instead, it should not result in a large increase in total harvest of salmon. This fishery would only be open to Cordova residents. This fishery should not be additive to the limits of other State and Federal subsistence fisheries on the Copper River Delta or flats. The area we are most interested in using is the waters of the Copper River ½ mile above and below the Copper River Highway, before 38 Mile of the Copper River Highway (not sure where to place this in regulation)




•

Chugach National Forest portion of Prince William Sound Area permits Household Size Annual Harvest Limits and Permit Restrictions One-person household 15 salmon (other than Pink) may be taken; 5

Cutthroat Trout, with only 2 over 20 inches may be taken; no more than 5 chinook per household; Pink Salmon: see the conditions of the permit

Household of two or more persons For a household with two persons, 30 salmon (other than Pink) may be taken, plus an additional 10 salmon for each additional person in a household over two; 5 Cutthroat Trout, with only 2 over 20 inches per each household member with a maximum household limit of 30 Cutthroat Trout; no more than 5 chinook per household; Pink Salmon: see the conditions of the permit

3. How should the regulation read? Write the regulation the way you would like to see it written in

the regulations.

See insertions and deletions listed above in bold

4. Why should this regulation change be made? 5. You should provide any additional information that you believe will help the Federal Subsistence Board in evaluating the proposed change.

Despite living at the mouth of the Copper River, Cordova residents have limited opportunity to harvest sockeye or king salmon for subsistence, unless they own an adequate boat and possess the experience necessary to navigate to and fish the Copper River flats under the State subsistence gillnet fishery. This proposal would create an alternative for Cordova residents, to dip net sockeye and kings from the mainstem Copper River. It would reduce some pressure by residents on the crowded Ibeck Creek coho fishery, and while some users of the State Copper River subsistence gillnet fishery might decide to dipnet the lower Copper River instead, it should not result in a large increase in total harvest of salmon. This fishery would only be open to Cordova residents. This fishery should not be additive to the limits of other State and Federal subsistence fisheries on the Copper River Delta or flats. The area we are most interested in using is the waters of the Copper River ½ mile above and below the Copper River Highway, before 38 Mile of the Copper River Highway (not sure where to place this in regulation)

Submit proposals:

• By mail or hand delivery Federal Subsistence Board Office of Subsistence Management Attn: Theo Matuskowitz 1011 E. Tudor Rd., MS-121 Anchorage, AK 99503-6199

• At any Federal Subsistence Regional Advisory Council meeting • Online at http://www.regulations.gov

Submit a separate proposal for each proposed change. To cite which regulation(s) you want to change, use this book or the proposed regulations published in the Federal Register: https://www.ecfr.gov. All proposals and comments, including personal information, are posted online at http://www.regulations.gov.

For the proposal processing timeline and additional information contact the Office of Subsistence Management at (800) 478-1456 or (907) 786-3888 or go to https://www.doi.gov/subsistence/proposal/current.




FP21-11

Visit the new Regulations.gov Beta site today at Visit the new Regulations.gov Beta site today at https://beta.regulations.govhttps://beta.regulations.gov

Subm itted Electronically via eRulem aking PortalSubm itted Electronically via eRulem aking Portal

The is a Comment on the The is a Comment on the Fish and Wildlife ServiceFish and Wildlife Service (FWS) (FWS) Proposed Rule: Proposed Rule: Subsistence Management for Public Lands Subsistence Management for Public Lands in Alaska: 2021-22 and 2022-23 Subsistence Taking of Fish in Alaska: 2021-22 and 2022-23 Subsistence Taking of Fish and Shellfishand Shellfish

For related information, For related information, Open Docket FolderOpen Docket Folder

Com m entCom m ent

1. Kirk Wilson1. Kirk WilsonHco1 box1960Hco1 box1960Glennallen, AK 99558Glennallen, AK [email protected]@yahoo.com

2. What regulations you wish to change. Include 2. What regulations you wish to change. Include management unit number and species. Quote the current management unit number and species. Quote the current regulation if known. If you are proposing a new regulation, regulation if known. If you are proposing a new regulation, please state, "new regulation."please state, "new regulation."

50 CFR 100.27(11) - New regulation50 CFR 100.27(11) - New regulation

3. How should the regulation read? Write the regulation the 3. How should the regulation read? Write the regulation the way you would like to see it written in the regulations.way you would like to see it written in the regulations.

You must record your daily harvest and report them to the You must record your daily harvest and report them to the agency that issued your permit within three (3) days of when agency that issued your permit within three (3) days of when those harvests occur. You must report harvest attempts for those harvests occur. You must report harvest attempts for any days during which their fishing gear was in the water, any days during which their fishing gear was in the water, even if you did not catch any fish.even if you did not catch any fish.

Harvest reports can be made using an online app or a call-in Harvest reports can be made using an online app or a call-in number.number.

4. Why should this regulation change be made?4. Why should this regulation change be made?

Copper River fisheries managers currently rely on an Copper River fisheries managers currently rely on an abundance-based management model that does not collect abundance-based management model that does not collect in-season harvest data and has very little empirical data in-season harvest data and has very little empirical data

ID:ID: FWS-R7-SM-2019-0092-0009FWS-R7-SM-2019-0092-0009

Tracking Number:Tracking Number: 1k4-9g8n-uuiq1k4-9g8n-uuiq

D ocum ent Inform ationD ocum ent Inform ation

Date Posted:Date Posted:Apr 21, 2020Apr 21, 2020

RIN:RIN:1018-BE361018-BE36

Show More Details Show More Details

Subm itter Inform ationSubm itter Inform ation

Submitter Name:Submitter Name:Kirk WilsonKirk Wilson




about actual escapement onto the spawning grounds. This about actual escapement onto the spawning grounds. This model assumes that escapement can be accurately model assumes that escapement can be accurately estimated using on abundance at the Miles Lake sonar and estimated using on abundance at the Miles Lake sonar and harvests from previous years. However, recent events harvests from previous years. However, recent events suggest that the in-river harvest exceeds what can be suggest that the in-river harvest exceeds what can be biologically sustained and is not detected by our current biologically sustained and is not detected by our current harvest reporting system. The Gulkana hatchery has not harvest reporting system. The Gulkana hatchery has not been able to obtain its brood stock since 2015, while the been able to obtain its brood stock since 2015, while the 2018 sockeye run failure caught managers by surprise. Due 2018 sockeye run failure caught managers by surprise. Due to the McDowell decision, every Alaska resident household to the McDowell decision, every Alaska resident household is eligible to participate in Copper River subsistence is eligible to participate in Copper River subsistence fisheries, and to catch up to 500 fish per year. Obtaining fisheries, and to catch up to 500 fish per year. Obtaining accurate in-season harvest information would help to protect accurate in-season harvest information would help to protect against the possibility of overharvest due to variable harvest against the possibility of overharvest due to variable harvest levels and underreporting post-season.levels and underreporting post-season.

Recording daily harvests is already required on the Copper Recording daily harvests is already required on the Copper River for all fisheries except sport. In-season reporting River for all fisheries except sport. In-season reporting would be relatively simple and could be done using an would be relatively simple and could be done using an online app.online app.

5. You should provide any additional information that you 5. You should provide any additional information that you believe will help the Federal Subsistence Board in believe will help the Federal Subsistence Board in evaluating the proposed change.evaluating the proposed change.




FP21-12





Com m entCom m ent



50 CFR 100.27(11)(xi) - New regulation50 CFR 100.27(11)(xi) - New regulation


You may not use a dipnet that is rigged with monofilament or You may not use a dipnet that is rigged with monofilament or multifilament mesh before August 15th (when the majority of multifilament mesh before August 15th (when the majority of the Chinook run has passed into the upper Copper River). the Chinook run has passed into the upper Copper River). Before this time, your dipnet must be rigged with braided, Before this time, your dipnet must be rigged with braided, inelastic mesh.inelastic mesh.


Recent Copper River abundance and escapement Recent Copper River abundance and escapement estimates have raised concern about the drainage-wide estimates have raised concern about the drainage-wide health of Chinook salmon populations. For this reason, health of Chinook salmon populations. For this reason, subsistence fishers have been permitted to keep only five subsistence fishers have been permitted to keep only five Chinook salmon per year. However, the use of dipnets with Chinook salmon per year. However, the use of dipnets with monofilament or multifilament mesh (i.e. gillnet material) has monofilament or multifilament mesh (i.e. gillnet material) has raised concern about survival rates of Chinooks that are raised concern about survival rates of Chinooks that are


Tracking Number:Tracking Number: 1k4-9g8n-e2mj1k4-9g8n-e2mj



RIN:RIN:1018-BE361018-BE36




City:City:GlennallenGlennallen




caught and then released. Compared with braided inelastic caught and then released. Compared with braided inelastic mesh nets (i.e. seine-style), salmon tend to become far mesh nets (i.e. seine-style), salmon tend to become far more entangled in monofilament-type nets. It can take as more entangled in monofilament-type nets. It can take as long as ten minutes to untangle and release a salmon from long as ten minutes to untangle and release a salmon from such a net. Salmon experience stress and increased such a net. Salmon experience stress and increased mortality rates in proportion to the length of time they are out mortality rates in proportion to the length of time they are out of the water. Additionally, these entanglements frequently of the water. Additionally, these entanglements frequently cause injuries, such as split tail-fins, which further increase cause injuries, such as split tail-fins, which further increase their mortality.their mortality.








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If you are using a dip net, you must fish from shore, from If you are using a dip net, you must fish from shore, from islands in the river, or from stationary objects connected to islands in the river, or from stationary objects connected to shore. You may not fish from boats or craft floating in the shore. You may not fish from boats or craft floating in the river.river.


Many Copper Basin residents with intensive local Many Copper Basin residents with intensive local knowledge of salmon ecology have raised concerns about knowledge of salmon ecology have raised concerns about the health of Copper River salmon stocks. The Gulkana the health of Copper River salmon stocks. The Gulkana Hatchery has not had enough brood-stock to meet its egg-Hatchery has not had enough brood-stock to meet its egg-take goals since 2014. Although overall escapement levels take goals since 2014. Although overall escapement levels have been reasonable in the Copper drainage, very little have been reasonable in the Copper drainage, very little tributary-by-tributary data are collected. Smaller stocks can tributary-by-tributary data are collected. Smaller stocks can easily be damaged by overharvest.easily be damaged by overharvest.

Dipnetting from boats in the subsistence fishery raises some Dipnetting from boats in the subsistence fishery raises some particular concerns. Wild salmon stocks tend to hole up in particular concerns. Wild salmon stocks tend to hole up in deep areas and rest on their way up the river, especially deep areas and rest on their way up the river, especially


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Country:Country:United StatesUnited States

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during high water. Fishermen who fish from boats are able during high water. Fishermen who fish from boats are able to target salmon that are concentrated in these areas. The to target salmon that are concentrated in these areas. The increased popularity of dipnetting from boats since 2010, increased popularity of dipnetting from boats since 2010, combined with the high numbers of fish that each combined with the high numbers of fish that each subsistence dipnetter can harvest, could be contributing to subsistence dipnetter can harvest, could be contributing to the depletion of some smaller stocks.the depletion of some smaller stocks.





Regulations.gov - Your Voice in Federal Decision M ki





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While you are fishing from a boat or other watercraft, you While you are fishing from a boat or other watercraft, you may not have onboard any device that indicates bathymetry may not have onboard any device that indicates bathymetry and/or fish locations (i.e. fish finders).and/or fish locations (i.e. fish finders).


The use of electronic devices that indicate bathymetry The use of electronic devices that indicate bathymetry and/or fish locations (i.e. fish finders) is contributing to and/or fish locations (i.e. fish finders) is contributing to unsustainable harvest practices on the upper Copper River. unsustainable harvest practices on the upper Copper River. These devices enable fishers to locate and target specific These devices enable fishers to locate and target specific holding areas in the river. Wild stocks are very vulnerable in holding areas in the river. Wild stocks are very vulnerable in these areas. These stocks are very time-sensitive and these areas. These stocks are very time-sensitive and probably travel in small groups and use these areas to hold probably travel in small groups and use these areas to hold before continuing upriver. If we do not address this issue, before continuing upriver. If we do not address this issue, we will continue to see our wild stocks and Gulkana brood-we will continue to see our wild stocks and Gulkana brood-


Tracking Number:Tracking Number: 1k4-9g8n-g2rp1k4-9g8n-g2rp

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RIN:RIN:1018-BE361018-BE36





Country:Country:United StatesUnited States

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stocks not meet their objectives. The Gulkana Hatchery has stocks not meet their objectives. The Gulkana Hatchery has not met their brood-stock goals for the past five years, and not met their brood-stock goals for the past five years, and this is surely also the case for some wild stocks.this is surely also the case for some wild stocks.




FISHERIES CLOSURE REVIEWS

The Office of Subsistence Management (OSM) is reviewing existing fisheries closures to determine whether the original justifications for closure continue to apply. These reviews are being conducted in accordance with guidance found in the Federal Subsistence Board’s (Board) Policy on Closures to Hunting, Trapping and Fishing on Federal public lands and waters in Alaska, which was adopted in 2007, and amended in 2019. Pursuant to the Policy, closure review analyses are being addressed by the Subsistence Regional Advisory Councils and the Board in the same manner as regulatory proposal analyses.

Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) establishes a priority for the taking of fish and wildlife on Federal public lands and waters for non-wasteful subsistence uses over the taking of fish and wildlife for other purposes (ANILCA Section 804). The Federal Subsistence Board is authorized to restrict or close the taking of fish and wildlife by nonsubsistence users on Federal public lands and waters (ANILCA Section 804 and 815(3)) when necessary for: 1) the conservation of healthy populations of fish and wildlife; 2) for reasons of public safety, administration, or to assure the continued viability of such population; 3) to continue subsistence uses of such population; or 4) pursuant to other applicable law. In addition, the Board may also close Federal public lands and waters to any taking of fish and wildlife for reasons of public safety, administration, or to assure the continued viability of such population (ANILCA Section 816(b)).

Distribution and abundance of fish and wildlife populations are known to fluctuate based upon a variety of factors such as weather patterns, management actions, habitat changes, predation, harvest activities, and disease. Subsistence use patterns are also known to change over time in response to many factors including resource abundance and human population changes, among others. A Closure Review analysis contains a brief history of why a closure was implemented, along with a summary of the current resource condition and the OSM recommendation as to whether the closure should be continued, lifted, or modified.

The affected Subsistence Regional Advisory Councils are asked to consider the OSM recommendation and make recommendations to the Board about closures. Recommendations from Councils receive deference from the Board on the final action, unless they are: 1) not supported by substantial evidence; 2) violate recognized principles of fish and wildlife conservation; or 3) would be detrimental to the satisfaction of subsistence needs. Closures remain in effect until changed by the Board.

Additional information on unit-specific fisheries closures can be found in the Federal Subsistence Management Regulations for the Harvest of Fish and Shellfish on Federal Public Lands and Waters in Alaska.

A table of the existing fisheries closures is located on the following page.



Closure Number Species Area Description

FCR21-01 Chinook Salmon

Norton Sound/Port Clarence (Unalalkeet River, upstream from the mouth of the

Chirosky River)Closed to all users

FCR21-04 All fish Yukon-Northern (Jim River including Prospect and Douglas creeks) Closed to all users

FCR21-06 All fish Yukon-Northern (Toklat River) Closed to all users

FCR21-07 Arctic Grayling

Yukon-Northern (Nome Creek in Beaver Creek drainage) Closed to all users

FCR21-08 Salmon Aleutian Islands (Unalaska Lake, tributaries, and outlet stream) Closed to all users

FCR21-09 SalmonAleutian Islands

(Summers and Morris lakes including tributaries and outlet streams)

Closed to all users

FCR21-11 Salmon Aleutian Islands (McLees Lake, tributaries, and outlet stream) Closed to all users

FCR21-13 Salmon Alaska Peninsula Area (Russel Creek and Nurse Lagoon) Closed to all users

FCR21-16 Salmon Kodiak (Buskin River Area) Closed to all users

FCR21-18 Salmon Kodiak (Afognak Bay) Closed to all users

FCR21-19 Salmon Kodiak (All freshwater systems on Afognak Island) Closed to all users

FCR21-22 Herring Southeastern Alaska (Makhnati Island Waters)

Closed to non-federally qualified users

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

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Federal Subsistence Management Program 2021-2023 Fisheries ... · FP21-03 Yukon Delta National Wildlife Refuge Salmon - Gillnets in tributaries Amend 50 CFR 100.27(e)(4)(xii) to insert