Kenai Customary and Traditional Use Recognized (4/13/06)

After days of staff reports, testimony, and deliberations, the Federal Subsistence Board recognized customary and traditional use of fish by rural residents of the Kenai Peninsula, an initial step toward the creation of new subsistence fishery regulations for federal public waters on the Kenai. The Board also asked the Southcentral Regional Advisory Council to form a subcommittee, made up of representatives of subsistence, sport and commercial users, to work together to provide for subsistence fishing on the Kenai Peninsula. Specifically, the Board chose to recognize customary and traditional use of all fish species by residents of Hope and Cooper Landing for waters north of and including the Kenai River drainage within the Kenai National Wildlife Refuge and the Chugach National Forest. For residents of Ninilchik, the Board recognized the customary and traditional use of all fish species in waters of the Kasilof River drainage within the Kenai National Wildlife Refuge. For residents of the Tuxedni Bay area in western Cook Inlet, the Board recognized customary and traditional use of salmon in waters within Lake Clark National Park draining into and including that portion of Tuxedni Bay within the park.

The Board requested additional staff analysis of Kenai Peninsula communities’ subsistence uses, which could result in an expansion of these areas of eligibility. By recognizing customary and traditional uses by residents of certain communities, the Board has narrowed the number of eligible subsistence users on the Kenai substantially. Without a positive customary and traditional use determination for certain communities, subsistence fisheries in an area are open to all rural residents of Alaska. Recognizing these uses and narrowing the universe of possible users will enable the Board to consider proposals to address harvest limits, seasons, and methods and means in the area. Proposals to create specific subsistence fishery regulations on the Kenai have been submitted to the Board in the past, but were deferred to allow the Board to first make an appropriate customary and traditional use finding.

In addition to subsistence users, sport and commercial users have an interest in how the new fishery regulations are developed. Allocation and use of fishery resources on the Kenai Peninsula and in Cook Inlet are often characterized as the most controversial in the state. For that reason, the Board has requested that the Southcentral Regional Advisory Council form a subcommittee, made up of stakeholders representing subsistence, sport and commercial users, to work together on the new regulations. “All users have an appreciation of the importance of these fishery resources,” said Board chairman Mitch Demientieff. “I have great faith that when they sit down together they will come up with regulatory proposals that will address the needs of subsistence users while accommodating other uses.”

Secretary of Interior Resigns (04/13/06)

Interior Secretary Gale Norton has submitted her resignation to President Bush, who nominated Idaho Governor Dirk Kempthorne as her replacement. Kempthorne must be confirmed by the Senate, where he served six years in the mid-nineties, before he officially becomes Norton’s replacement. Norton served as Interior Secretary for five years before resigning at the end of March. Alaska Governor Frank Murkowski applauded Kempthorne’s appointment, calling him a “decisive policy maker and an experienced leader.”

The Interior Secretary is of particular importance to Alaskans because of the large amount of federal land holdings in the state. Along with the Secretary of Agriculture, the Secretary of the Interior is responsible for management of subsistence on federal public lands in Alaska. Although much of the Secretary’s authority for day to day management is delegated to the Federal Subsistence Board, many decisions remain with the Secretary, including appointments to Regional Advisory Councils.

Federal Subsistence Board to Draft Policies on Customary and Traditional Findings, Closures (04/13/06)

By the end of 2006, the Federal Subsistence Board plans to adopt written policies on customary and traditional use findings as well as criteria used when implementing closures. These policies are being drafted by the Board and will be reviewed by the Regional Advisory Councils, the State of Alaska, and the public, then finalized. According to Drue Pearce, senior advisor to the Secretary of Interior for Alaska Affairs, the goal of the written policies is, “to have consistent criteria that are written, that are clear and understood by everyone, so the Board is consistent in making its determinations no matter what region.”

The policies are being drafted in response to a letter to the Board from Assistant Secretary of the Interior Lynn Scarlett with concurrence from the Department of Agriculture. The letter asked the Board to conduct a review of current practices regarding closures and to prepare a written policy that indicates how these decisions will be made and reviewed. In the same letter, the Assistant Secretary asked the Board to review its practices and develop a written policy clarifying its approach to customary and traditional use determinations.

The letter requesting the written policies was the result of the work of a Federal/State policy group that met in 2005. In early 2005, Alaska Governor Frank Murkowski met with the Secretary of the Interior, Gale Norton, and expressed some specific concerns regarding the federal subsistence program. He followed up with a letter outlining the concerns and requesting that a joint Federal/State policy group be convened. The group met three times in 2005 and addressed several topics of concern to the state, including lack of standards for adopting federal regulations, duplication of state regulations, and insufficiency of federal land to support federally regulated harvests.

The State of Alaska expressed concern about an apparent lack of standards for adopting Federal regulations, focusing on two areas: closures to non-subsistence uses and customary and traditional use determinations. When closing areas to non-subsistence uses, the state feels that substantial evidence should be required and documented in written findings showing that a closure or restriction on non-subsistence uses is necessary. The state also requested that the Federal Board conduct periodic reviews of existing closures. Federal regulators agreed that closures should have a sound basis and that periodic review of closures should occur to determine if closures are still necessary.

The state also expressed the position that many customary and traditional use determinations made by the Federal Subsistence Board appear to lack substantial evidence to support them. The Secretary’s letter did not suggest any specific criteria that should be included in the policies. A draft policy on closures is now available for review. It can be obtained from the Office of Subsistence Management website at http://alaska.fws.gov/asm/current.cfm or by calling (800) 478-1456. The customary and traditional use determination policy will be available for public review this fall.

The Federal/State policy group also discussed duplication of regulations. The State of Alaska held that having separate state and federal regulations is costly, confusing, and difficult to enforce. The state suggested that the federal government should defer to state regulations where those regulations satisfy the subsistence priority. Although federal officials agreed that having separate regulatory systems is a challenge, it is their position that it would be legally untenable to defer to state regulations. They feel the federal program must have separate regulations.

The state also expressed concern about federal regulations which apply to small blocks of federal land that are insufficient to support a harvest. Specifically, the state was concerned about federal regulations on strips of federal land that are surrounded by state and private land, are unmarked and difficult to locate, do not support large stocks, and offer few opportunities to meet the federal priority. The federal response was that the Alaska National Interest Lands Conservation Act (ANILCA) requires a subsistence preference on federal lands without regard to the size of those lands. Therefore, they declined to eliminate regulations that apply to small parcels of federal land.

At this time, it is not expected that the Federal/State policy group will meet again.

Federal Subsistence Board Funds $6.8 Million in Monitoring (04/13/06)

The Federal Subsistence Board has approved a total of $6.8 million in spending for the 2006 Subsistence Fisheries Monitoring Program. $1.1 million was allocated to 15 new projects, while $5.7 million is being spent to continue 71 projects that started in years prior to 2006.

Among the approved projects is a genetic research project to identify the stock composition of Yukon River chum salmon passing Pilot Station. Also funded were biological sampling, harvest assessment and traditional ecological knowledge studies of non-salmon species in the Yukon Flats and middle Yukon River.

On the Kuskokwim River, a project to address perceived declines in local whitefish populations will assess harvests and collect traditional knowledge for non-salmon species on the lower Kuskokwim. Another new project is an expanded radio telemetry study of whitefish and a new telemetry study for sheefish on the Kuskokwim.

For the Copper River, the Board funded a tagging study to estimate sockeye salmon abundance.

The 86 research and monitoring projects will provide information needed to sustain subsistence fisheries

Members of the public interested in making changes to federal subsistence fishing regulations can submit proposals through 5:00pm March 24, 2006.  Examples of topics for proposals include changing subsistence season dates, harvest limits, methods and means, customary and traditional use determinations, rural determinations, methods of collecting harvest data, restrictions on possession, transportation and use of fish, and permit requirements.

General monitoring of the Stikine River eulachon run will be conducted by the department, in cooperation with the United States Forest Service, in the spring of 2006.

Questions about subsistence halibut fishing regulations, including how to obtain a SHARC, should be addressed to NMFS at 1-800-304-4846 (option #2).

The Alaska Board of Fisheries is now accepting proposed changes to the subsistence, personal use, sport, guided sport, and commercial finfish regulations for the Bristol Bay, Arctic-Yukon-Kuskokwim, and Alaska Peninsula/Aleutian Islands management areas.  Finfish includes: salmon, herring, trout, groundfish, char, burbot, northern pike, whitefish, Pacific cod, sablefish, shark, pollock, etc., but does not include halibut.

At a meeting held December 6-7 in Anchorage, the Federal Subsistence Board directed its staff to further analyze 10 communities as the Board continues its rural review process.

An initial review completed by staff earlier this year had also identified 10 communities for further analysis, but the list approved by the Board differs from the list originally proposed.  Prudhoe Bay, currently considered rural, will undergo further analysis.  The Board broadened the scope of the review of the Ketchikan area, currently considered nonrural, to include an analysis of rural and nonrural characteristics.  The original list proposed by staff only included analysis of the Saxman area, near Ketchikan.  In addition, federal staff had originally identified Sitka as a candidate for further analysis.  The Board concluded that additional analysis of Sitka was not necessary.

Rural status is an important determination for those wishing to participate in the federal subsistence program.  Rural Alaskans are given a priority for subsistence uses of fish and wildlife on Federal public lands. Only residents of rural communities and areas are eligible for this subsistence priority.

The rural/nonrural status of most Alaska communities will remain unchanged. The communities for further analysis are and possible changes are:

Kodiak, Adak and Prudhoe Bay:  Currently Kodiak and Prudhoe Bay are considered rural and Adak is considered nonrural.  These three communities will be analyzed as to their rural/nonrural status.

Fairbanks North Star Borough:  Evaluate whether to continue using the entire borough as the nonrural area, or separate some outlying areas and evaluate their rural/nonrural status independently.

Kenai Area:   Evaluate whether to exclude Clam Gulch from this nonrural grouping and evaluate its rural/nonrural status independently.

Seward Area:  Evaluate whether to exclude Moose Pass from this nonrural grouping and evaluate its rural/nonrural status independently.

Wasilla Area:  Evaluate whether to include Willow and Point MacKenzie in this nonrural grouping.

Homer Area:  Evaluate whether to include Fox River and Happy Valley in this nonrural grouping.
 
Ketchikan Area:  Evaluate whether to include Saxman, and areas of growth and development outside the current nonrural boundary, and evaluate the rural/nonrural status of the whole area.

Delta Junction, Big Delta, Deltana and Fort Greely:  Evaluate whether some or all of these communities should be grouped, and their rural/nonrural status evaluated collectively.

The analysis is expected to be completed by mid-2006. Following a review of the analysis, the Board will draft a proposed rule which will include any potential changes to the rural status of Alaska communities. Public comment will be invited on this proposed rule and the Board will take final action in December 2006.  

For additional information, please contact Maureen Clark or Larry Buklis with the Federal Office of Subsistence Management at (800) 478-1456 or (907) 786-3888.

Additional information on the rural review process can be found at http://alaska.fws.gov/asm/current.cfm.

The Federal Subsistence Board is accepting applications to serve on one of 10 Regional Advisory Councils that advise the Board on subsistence fishing, hunting and trapping regulations. Recommendations from Regional Councils carry a great deal of weight in the federal process.

Those appointed will serve three year terms.  Regional Councils meet at least twice a year, usually in the fall and winter months.  Seats are open statewide to subsistence, commercial and sport users.

Application packets and more information are available from:

Ann Wilkinson at (907) 786-3676 or (800) 478-1456

E-mail: ann_wilkinson@fws.gov .

Or download an application from the Office of Subsistence Management website at:

http://alaska.fws.gov/asm/racapp.cfm?CFID=8225&CFTOKEN=87448847

Deadline for applications/nominations is January 3, 2006.

Secretary of the Interior Gale Norton, with the concurrence of the Secretary of Agriculture Mike Johanns, has made appointments and reappointments to seats on the 10 Federal subsistence regional advisory councils.

For News Releases listing members of each Regional Council, visit

http://alaska.fws.gov/asm/news.cfm?PageNum_qAppStep=2&gnr=1.

Public Comment Sought on Rural Status for Alaska Communities (8/9/05)

The Federal Subsistence Board has released a list of ten communities and areas that have been identified for further analysis of their rural or non-rural status.  Because the Alaska National Interest Lands Conservation Act (ANILCA) gives priority to Alaskans in rural communities for subsistence use on federal public lands, rural status is crucial to subsistence users who wish to participate in the federal program.  The Federal Subsistence Board is seeking written public comment through October 28, 2005 on the proposed list of communities for further analysis as well as on the rural and non-rural characteristics of these communities.  Additional comment will be taken at a public hearing which will be held in Anchorage December 6, 2005.

The Federal Subsistence Board initially determined which communities were rural and non-rural when the Federal Subsistence Management program began in 1990.  Regulations require that a community status review be conducted every ten years beginning with the availability the 2000 year census data.  Earlier this year, federal staff began the review process, focusing on changes since 1990.  This initial analysis revealed that most Alaskan communities have not changed significantly enough to justify a change in rural status.  However, ten communities were identified that require further analysis to determine whether their current determination is still appropriate.

Federal regulations specify that a community with a population of 2,500 or less is generally considered rural while a community with a population of more than 7,000 is generally considered non-rural, although exceptions to this rule are made for communities with significant characteristics that indicate that consideration of population only results in an inappropriate classification.  Communities with populations between 2,500 and 7,000 are evaluated using additional considerations, including diversity and development of the local economy, use of fish and wildlife, community infrastructure, transportation and educational institutions. 

Several communities whose populations have changed are being considered for further review.  Kodiak and Sitka are currently considered rural, but have populations in excess of 7,000.  Adak is considered non-rural but has dropped below 2,500 residents.  The Board will also be reviewing several areas which were grouped together for evaluation purposes to determine whether the groupings are still appropriate.  Outlying areas in the Fairbanks North Star Borough, Clam Gulch in the Kenai Area, and Moose Pass in the Seward area are currently considered non-rural due to their proximity to larger communities, but may be considered separately.  Willow and Point MacKenzie in the Wasilla area, Fox River and Happy Valley in the Homer area, and Saxman in the Ketchikan area are currently considered rural, but may require further analysis due to their proximity to larger communities. Delta Junction, Big Delta, Deltana, and Fort Greely may be considered for a large grouping and a collective rural/non-rural status evaluation. 

The Board will hold a public meeting on December 6, 2005 at the Egan Civic Center in Anchorage to take additional comments on this issue after which they will approve a final list for further analysis. The Board is expected to make their final decision by December 2006. 

Written comments can be sent to the Board via email subsistence@fws.gov by fax, (907) 786-3898 or may be mailed to: 

For additional information, maps of affected areas, and initial review information, contact Larry Buklis with the Federal Office of Subsistence Management (OSM), (800) 478-1456 or (907) 786-3822 or visit http://alaska.fws.gov/asm/current.cfm.  You may also contact our office at (888) 586-6822 (in Alaska only), (907)586-6822 or via email at aa@subsistmgtinfo.org
 

New Proposals Would Change Federal Fishing Regulations (6/15/05)
Thirty four proposed changes to federal regulations for the subsistence harvest of fish and shellfish have been submitted for consideration by the Federal Subsistence Board this year.  The article below summarizes the proposals for each region.

Southeast Alaska
The relatively new fishery for Chinook, sockeye, and coho on the Stikine River in Southeast Alaska was the subject of three proposals.  One focuses on eliminating the mesh size restriction in these fisheries to allow for more efficient harvest.  The other two would extend the sockeye season, which currently begins on July 1^st.  Proponents say that that beginning the fishery in mid-June would allow for the harvest of higher quality fish.  Last summer was the first time subsistence fishing was allowed on the Stikine in about 50 years.  Subsistence fisheries on the trans-boundary river must be approved by the Pacific Salmon Commission after being authorized by the Federal Subsistence Board.

Commenting on the three Stikine proposals, David Bedford, Deputy Commissioner of Fisheries for the Alaska Department of Fish and Game, said the July 1 starting date is written in the agreement made by the Pacific Salmon Commission and that Canadian members would want to look at the proposed changes at the Commission’s October meeting. The October executive session sets the agenda for the Commission’s year, but a final decision would not be made until after the annual meeting in February.  Mesh size is included in the treaty between Canada and the United States.  Bedford explains that Canada has agreed to mesh sizes 8 inches or less through the third week of June for Chinook, but they may not endorse a complete elimination of mesh size restrictions. 

Several other Southeast Alaska proposals would either restrict or eliminate the region’s steelhead fishery.  The Federal Subsistence Board will consider proposals from residents of Petersburg and Juneau to limit the steelhead fishery on streams in those areas by reinstating the 36 inch size limit and confining gear to rod and reel only.  Juneau area streams would also be subject to state sportfish regulations for Dolly Varden and cutthroat if a proposal by Raincountry Flyfishers is adopted.  Another proposal from a Sitka resident would eliminate the steelhead fishery entirely.

The proposals are in response to recent action taken by the Federal Subsistence Board liberalizing the steelhead harvest regulations for federal subsistence users in Southeast over the objections of State biologists.  Except for Prince of Wales Island and a few nearby islands, subsistence steelhead fishermen in Southeast were previously limited to state sportfish bag and gear limits, allowing harvest of two steelhead per year, 36 inches or larger, using a rod and reel without bait. 

Under regulations approved by the Federal Subsistence Board in January, fishermen in Southeast are permitted to use dipnets, handlines, spears or rod and reel without bait. The 36 inch size limit has been eliminated and steelhead are defined as rainbow trout larger than 22 inches.  Concerns were raised by the Alaska Department of Fish and Game about vulnerability of small stocks, including those in streams on the Juneau road system.  More than two-thirds of steelhead streams in Southeast have escapements of 100 or fewer fish, making them particularly susceptible to overfishing, according to Fish and Game. The state unsuccessfully argued that regulations should be specific to certain areas or streams.

The Board also expanded federal subsistence fishing opportunities for rainbow, cutthroat trout and Dolly Varden in the region, allowing rural households to harvest a total of 6 cutthroat or rainbow trout daily or 12 in combination, with no closed season or size limits. It also approved harvest of 20 brook trout, 20 grayling and 20 Dolly Varden per day, with no closed season or size limit. 

In other Southeast Alaska proposals, two have been submitted to eliminate the restrictions on use of bait.  One would eliminate all restrictions, while the other would allow the use of pink salmon as bait.  A customary and traditional finding has been proposed for residents of Gustavus for smelt, Dolly Varden, trout, salmon and euchalon in areas 14B and 14C.  Other proposals would eliminate the requirement that fins be removed from subsistence harvested salmon and double the household possession limit for sockeye in the Pillar Bay drainage near Kake.

Prince William Sound Area
In the Prince William Sound area, proposals would establish a customary and traditional use determination for freshwater fish for residents of Cordova, Tatitlek, and Chenega Bay for all waters downstream of Haley Creek and make a similar determination for residents of Cordova, Tatitlek, Chenega Bay, Nuchek, and Katella for all waters of the Chugach National Forest.  Two proposals for the Upper Copper River district would require fish wheels to be checked every 24 hours and require those checked less frequently than every four hours to be equipped with a live box. 

Other proposals would allow accumulation of Federal harvest limits with state sport limits, establish a fly fishing zone on the Eyak River near the Eyak Bridge, and allow the use of fyke nets to harvest salmon in Tanada Creek.  Two additional proposals would apply to all waters of Prince William Sound south of Haley Creek.  One would define allowable gear for salmon as spears, gaffs, and rod and reel.  The other would establish seasons and harvest limits equivalent to state sportfish regulations for char, whitefish, trout, and grayling. 

Cook Inlet Area
A proposal will be considered by the Federal Subsistence Board this year to establish customary and traditional use determinations for Cook Inlet residents.  This proposal is based on proposals originally submitted for the 2001 regulatory cycle, carried over to the 2002 regulatory cycle, and deferred by the Federal Subsistence Board pending completion of a subsistence use survey on the Kenai Peninsula. The survey was completed in 2004. 

Another proposal would establish a new subsistence steelhead fishery with an annual harvest limit of five fish.  Proposed legal gear is a rod and reel, dip net, or gill net.  There is currently no legal harvest of steelhead in this area.  Other, similar proposals would allow havest of 50 rainbow trout with a dip net or gillnet, and 50 dolly varden and 50 lake trout annually using a gill net. Current federal regulations mirror state regulations.

Chignik Area
In the Chignik area, two proposals have been submitted, both of which would increase subsistence opportunities.  One would allow subsistence fishermen to harvest salmon in some areas in the Chignik River and Black and Chignik Lakes.  The other would allow subsistence fishermen who are also commercial salmon permit holders to harvest subsistence fish except during the 24 hours before the first commercial salmon opening.  Current federal regulations prohibit commercial permit holders from harvesting subsistence salmon from 48 hours before the first commercial opening until September 30^th.  In November 2004, the Alaska Board of Fisheries revised state regulations to allow increased opportunities. These proposals by the Bristol Bay Regional Advisory Council would change federal regulations to provide federal users with the same opportunities.

Alaska Peninsula
In the Alaska Peninsula Area, the Federal Subsistence Board will consider allowing increased subsistence salmon fishing opportunities around commercial openings.  The proposal by the Bristol Bay Regional Advisory Council would change federal regulations to mirror state regulations.  In February 2004, the Alaska Board of Fisheries clarified state regulations by removing the restriction on subsistence fishing within a 50 mile radius of an area open to commercial fishing.  Instead, the state currently restricts subsistence fishing for salmon within 24 hours before and 12 hours after a commercial opening in the open districts.  If adopted, this proposal would allow federal users the same opportunities.

Kuskokwim Area
In the Kuskokwim area, the only proposal is one that would eliminate the salmon subsistence closures before, during, and after commercial salmon openings for District 1, the Kuskokwim River and Kuskokuak Slough.  The closures would remain in place for Districts 4 and 5.  The subsistence “window” fishing schedule in this area has been controversial in the past and has been the subject of considerable public testimony before the Federal Subsistence Board.

Yukon-Northern Area
In the Yukon-Northern Area, there are three proposed changes.  One would establish a customary and traditional use finding for residents of the Yukon-Northern area, Mentasta Lake and Chistochina for freshwater fish in the Tanana river drainage.  Another would allow the use of Chinook salmon gear in the Yukon River beginning May 15^th.  The third proposal would allow gillnets with mesh sizes larger than 6 inches in the Yukon River drainage to be no greater than 35 meshes deep.  Although the proposal states that the restriction would apply to both commercial and subsistence fishermen, commercial fishermen are under the jurisdiction of the Alaska Board of Fisheries.

Statewide      
The only statewide proposal was submitted by the Office of Subsistence Management.  The proposal would allow subsistence harvesters to sell handicrafts made from non-edible parts of fish harvested for subsistence.

No proposals were submitted for the Kotzebue, Norton Sound-Port Clarence, Bristol Bay, Aleutian Islands, Kodiak, or Yakutat areas.

The proposals booklet is available and distributed for review by members of the public, agency staff and federal decision-makers.  To request a booklet, contact us at (888) 586-6822 (toll-free within Alaska) or (907) 586-6822.  Proposals are also available online at http://alaska.fws.gov/asm/law.cfm?fp=1

Following comment from the public and the State of Alaska, fisheries proposals go to federal Regional Advisory Councils each fall for review, and are forwarded to the Federal Subsistence Board for final action in January. Proposals submitted this year are the first step in development of regulations that will go into effect April 1, 2006.

Comments on Proposals Due June 30 (6/15/05)

Interested members of the public are invited to provide written comments on federal subsistence fishing proposals for 2006.  Comments should be received by the Office of Subsistence Management by June 30.  Comments received by the deadline will be sent to Federal Regional Advisory Councils (RACs) and the Federal Subsistence Board (FSB).   The public is also invited to comment in person at Regional Advisory Council meetings in September and October or at the Federal Subsistence Board meeting in Anchorage January 2006.  The RACs consider proposals and develop recommendations, while the FSB takes final action.  Proposals that are adopted will take effect April 1. 2006. 

Thirty four proposals will be considered this year including requests to liberalize Stikine River fishery dates and mesh size, restrict or eliminate steelhead harvest in Southeast, and establish a steelhead fishery and customary and traditional use determination for areas in Cook Inlet.  (see Proposals story above) 

To find proposal booklets go to http://alaska.fws.gov/asm/law.cfm?fp=1
Or contact the Office of Subsistence Management at (800) 478-1456. 

Comments should include proposal numbers and may be sent by email to subsistence@fws.gov by fax to (907) 786-3898 or may be mailed to:
Federal Subsistence Board
Attn: Bill Knauer
3601 C Street, Suite 1030
Anchorage, AK 99503

New Subsistence Halibut Rules (6/15/05)
The regulations governing subsistence halibut harvest in Alaska have been revised. The new rules are effective May 2, 2005.  The updated regulations implement different gear and harvest limits for different areas of the state based on local needs and conditions. 
           
In the Bering Sea, where weather often limits the number of days available for subsistence halibut fishing, gear and harvest limits have been removed.  (This applies in regulatory areas 4D and 4E.)  In addition, fishermen participating in the Community Development Quota (CDQ) fishery in area 4C are allowed to retain legal sized subsistence halibut along with their CDQ halibut if they are in possession of a subsistence halibut registration certificate.  In areas 4D and 4E, CDQ fishermen can retain halibut of any size.
   
In Areas 3A, 3B, 4A, and 4B, encompassing the Gulf of Alaska and the Aleutian Chain, the regulations implement a revised hook limit, reducing allowable gear to no more than 30 hooks per person and 90 hooks per vessel on gear set or retrieved during subsistence halibut fishing. If only one registered fisher is on board a vessel, the maximum number of hooks for the vessel is 30. If two registered fishers are on board, the maximum number of hooks is 60. If three or more registered fishers are on board, the maximum number of hooks is 90. At no time may the gear used to fish for subsistence halibut exceed 30 hooks per person or 90 hooks per vessel.

Under the new regulations Area 2C (Southeast Alaska) has a daily bag limit of 20 halibut and 30 hooks per vessel, regardless of how many subsistence fishermen are on board. Original regulations allowed a daily harvest limit of 20 halibut and 30 hooks per person. The bag limit restriction is aimed at addressing localized depletion concerns due to an increased subsistence fishing effort, according to the National Marine Fisheries Service. “Southeast has one of the highest population densities with proximity to easily accessible local fishing grounds, which allows for increased exploitation of the halibut resource in those areas,” the agency wrote for the April 1 release of the Final Rule published in the Federal Register.  A survey of fishing in 2003 showed an apparent increase in effort in Southeast and Southcentral, according to NMFS.  Southeast accounted for 60 percent of the statewide harvest in 2003.  The new gear limit is also intended to reduce incidental catch of rockfish and lingcod in the region. 

The new regulations also extend to the southern boundary of the Anchorage/Matsu/Kenai non-subsistence area to a line extending across the entirety of Cook Inlet along latitude 59 degrees 30.40 seconds north latitude. Consequently, subsistence harvest of halibut is prohibited in all areas of Cook Inlet north of this boundary. 

These are the first changes to subsistence halibut regulations since the program was implemented in 2003.  The regulations were developed by the North Pacific Fishery Management Council (NPFMC) and implemented by the National Marine Fisheries Service (NMFS).  When regulations were being developed, community and tribal representatives expressed concerns about the effect new regulations might have on the ability of communities and tribes to meet their subsistence needs.  In response, the NPFMC also developed three new types of subsistence halibut permits that are now available (see story to follow).

Click the following link to view the final rule in the Federal Register http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-6507.htm.  More information on subsistence halibut fishing in Alaska is available on the web at: http://www.fakr.noaa.gov/ram/subsistence/halibut.htm

More Changes in Halibut Regulations to Come (6/15/05)

The North Pacific Fishery Management Council has developed new statewide rules on numbers of fish in possession, use of charter boats and the exchange of cash known as customary trade.  In addition, the Council established new limits on fishing in the Sitka Sound area and Kodiak road zone and Chiniak Bay, and allowed fishing in non-subsistence use areas by holders of special permits.

However, these rules have not yet become effective.  It is expected that the next set of revisions, affectionately dubbed “Halibut Three,” will be in place by January of 2006.  National Marine Fisheries Service is currently in the process of drafting a proposed rule for publication in the Federal Register.  Once the rule is published, the public will have an opportunity to submit comments before the Final Rule is drafted.  The date of the comment period is not yet known.

Once effective, halibut three will eliminate the controversial $400 limit on “customary trade.” Instead, the exchange of cash will be limited to compensation for “actual trip expenses for ice, bait, food and fuel directly related to the harvest of subsistence halibut.” A subsistence halibut possession limit of one daily limit has been proposed, along with a provision restricting the use of charter vessels in the fishery to the owner and immediate family.  Subsistence fishing while clients are on board and transfer of subsistence halibut to clients will be prohibited.  The rules will also allow fishing in non-subsistence use areas by holders of ceremonial and educational permits.           

In the Sitka Sound area, new restrictions between June 1 and August 31 will include a 15-hook per vessel limit, a prohibition on power hauling, and a vessel catch limit of five halibut per day. From September 1 though May 31, subsistence fishermen in the LAMP will be limited to 10 halibut per vessel per day.  In the Kodiak road zone and Chiniak Bay, fishermen will be limited to 60 hooks per vessel, provided two eligible fishermen are on board. A community harvest program will be established to allow eligible tribal members to fish with additional gear.

According to ADF&G, high response rates increase confidence in the quality of survey data.  Results from last year’s survey showed a total statewide harvest of one million pounds, with two-thirds of the harvest coming from Southeast Alaska.  Regulations allowing subsistence harvest of halibut in Alaska didn’t go into effect until May 15^th, 2003, so this may not represent an annual rate. (To see the entire 2003 harvest survey report, go to the Division of Subsistence website at www.subsistence.adfg.state.ak.us and look under “Publications”.)

Easley explained that the survey is now in an outreach phase.  Researchers will be visiting communities to encourage those who have not responded to participate in the survey.  Researchers may work to collect information through a community’s tribal organization, by phone or in person.  
         
For more information on subsistence halibut fishing visit the National Marine Fisheries Service subsistence halibut site at http://www.fakr.noaa.gov/ram/subsistence/halibut.htm.