Section 5.01.716. Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses.

	(a)  The Alaska Board of Fisheries finds that the following fish stocks are customarily and traditionally taken or used for subsistence in the following portions of the Southeastern Alaska Area outside the nonsubsistence areas described in 5 AAC 99.015(a)(l) and (2):  
		(1) District 1, as follows:  
			(A) eulachon in the waters of Section 1-C and Section 1-D;   
			(B) salmon and Dolly Varden char, as follows:  
				(i) in the waters of the Naha River;  
				(ii) in Boca de Quadra, in the waters of Sockeye Creek, and within 500 yards of the terminus of Sockeye Creek, and in Hugh Smith Lake;  
		(2) District 2, as follows:  
			(A) salmon, herring, herring spawn, bottomfish, halibut, and Dolly Varden char in the waters of District 2 north of the latitude of the northernmost tip of Chasina Point and west of a line from the northernmost tip of Chasina Point to the easternmost tip of Grindall Island to the easternmost tip of the Kasaan Peninsula;  
			(B) salmon and Dolly Varden char in the waters of District 2 in Nichols Bay north of 54_ 42.12' N. lat.;  
		(3) District 3, as follows:  
			(A) Section 3-A, as follows:  
				(i) salmon, bottomfish, halibut, and Dolly Varden char in the waters of Section 3-A;  
				(ii) herring and herring spawn in the waters of Section 3-A in Tlevak Strait north of the latitude of High Point and south of the latitude of Eolus Point;  
			(B) Section 3-B, as follows:  
				(i) bottomfish and halibut in the waters of Section 3-B;  
				(ii)) herring and herring spawn in the waters of Section 3-B in San Alberto Bay north of the latitude of the southernmost tip of Cape Suspiro and east of 133_ 20' W. long.;  
				(iii)) salmon, Dolly Varden char, and steelhead trout in the waters of Section 3-B east of a line from Point Ildefonso to Tranquil Point and the waters of Warm Chuck Inlet north of a line from a point on Hecata Island at 55_ 44' N. lat., 133_ 25' W. long. to Bay Point;  
			(C) Section 3-C: salmon, Dolly Varden char, and steelhead trout in the waters of Karheen Passage north of 55_ 48' N. lat. and east of 133_ 20' W. long. and in the waters of Sarkar Cove and Sarkar Lake;  
		(4) District 5: salmon, herring, herring spawn, bottomfish, halibut, and Dolly Varden char in the waters of District 5 north of a line from Point St. Albans to Cape Pole;  
		(5) District 6: salmon, herring, herring spawn, bottomfish, halibut, and Dolly Varden char, as follows:  
			(A) in the waters of Section 6-A west of a line from Macnamara Point to Mitchell Point;  
			(B) in the waters of Section 6-B west of the longitude of Macnamara Point;  
		(6) District 7: salmon, herring, herring spawn, bottomfish, halibut, Dolly Varden char, eulachon, and steelhead trout in the waters of District 7, excluding enhanced king, chum, and coho salmon within the waters of the Anita Bay Terminal Harvest Area;  
		(7) District 8: salmon, herring, herring spawn, bottomfish, halibut, Dolly Varden char, eulachon, and steelhead trout in the waters of District 8;  
		(8) District 9, as follows:  
			(A) salmon and Dolly Varden char in the waters of District 9 north of the latitude of Swain Point;  
			(B) herring, herring spawn, bottomfish, and halibut in the waters of Section 9-B north of the latitude of Point Ellis;  
		(9) District 10, as follows:  
			(A) salmon and Dolly Varden char in the waters of District 10 west of a line from Pinta Point to False Point Pybus;  
			(B) herring, herring spawn, bottomfish, and halibut in the waters of District 10 west of a line from Pinta Point to Point Pybus;  
		(10) District 12, as follows:  
			(A) salmon, smelt, and Dolly Varden char in the waters of District 12 in Basket Bay west of 134_ 53.88' W. long.;  
			(B) herring, herring spawn, bottomfish, and halibut in the waters of District 12 between the latitude of Parker Point and the latitude of Point Caution, including the waters of Whitewater Bay;  
			(C) salmon and Dolly Varden char in the waters of District 12 south of a line from Fishery Point to South Passage Point and north of the latitude of Point Caution, including the waters of Whitewater Bay;  
		(11) District 13, as follows;  
			(A) salmon, other than sockeye salmon, bottomfish, and halibut in the waters of District 13;  
			(B) sockeye salmon, as follows:  
				(i) in the waters of Section 13-A south of the latitude of Cape Edward and the waters along the western shore of Yakobi Island east of a line from Cape Spencer Light to Surge Bay Light;  
				(ii) in the waters of Section 13-B north of the latitude of Redfish Cape;  
				(iii) in the waters of Section 13-C;  
			(C) smelt and Dolly Varden char in the waters of District 13 along the western shore of Yakobi Island east of a line from Cape Spencer Light to Surge Bay Light;  
			(D) herring and herring spawn, as follows:  
				(i) in the waters of Section 13-A;  
				(ii) in the waters of Section 13-B north of the latitude of Aspid Cape;  
			(E) herring, herring spawn, and Dolly Varden char in the waters of Section 13-C east of the longitude of Point Elizabeth, including the waters of Rodman Bay;  
		(12) District 14, as follows:  
			(A) herring, herring spawn, bottomfish, and halibut in the waters of District 14 east of the longitude of Point Dundas;  
			(B) salmon, smelt, and Dolly Varden char in the waters of Section 14-B and Section 14-C;  
		(13) District 15, as follows:  
			(A) salmon and smelt, as follows:  
				(i) in all waters of the Chilkat River and Chilkat Inlet north of the latitude of Glacier Point;  
				(ii) in the Chilkoot River, Lutak Inlet, and Chilkoot Inlet north of the latitude of Battery Point, excluding waters of Taiya Inlet north of the latitude of the tip of Taiya Point;  
			(B) herring, herring spawn, bottomfish, and halibut in the waters of Section 15-A.  
	(b)  The board finds that 136,000 - 227,000 pounds of herring spawn are reasonably necessary for subsistence uses in Section 13-A, and Section 13-B north of the latitude of Aspid Cape.  
	(c)  The board finds that the following numbers of salmon are reasonably necessary for subsistence uses in the Southeastern Alaska Area:  
		(1) Districts 1 - 4: 9,068 - 17,503 salmon;  
		(2) Districts 5 - 8, District 10, and Section 9-B: 4,120 - 7,345 salmon;  
		(3) Section 9-A and District 13: 10,487 - 20,225 salmon;  
		(4) District 12: 1,100 - 1,700 salmon;  
		(5) District 14: 600 - 1,500 salmon;  
		(6) District 15: 7,174 - 10,414 salmon.  

Authorities

16.05.251;16.05.258

Notes

Reference

5 AAC 27.195

Authority

AS 16.05.251 AS 16.05.258

History

Eff. 5/15/93, Register 126; am 5/6/94, Register 130; am 6/15/95, Register 134; am 6/7/95, Register 135; am 6/19/97, Register 142; am 5/31/98, Register 146; am 6/3/2000, Register 154; am 3/11/2001, Register 157; am 4/14/2002, Register 162; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 4/24/2009, Register 190; am 7/13/2012, Register 203; am 2/23/2014, Register 209; am 7/1/2015, Register 214