News Archives (2003, 2004, 2005, and 2006) 

 

Note: These stories were current at the time of posting and are provided for your information.  However, they are not reviewed or updated regularly and may contain outdated web links.

 

April 2006

Federal Subsistence Fishing Regulations Change for 2006 (04/13/06)

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

Secretary of Interior Resigns (04/13/06)

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

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

 

March 2006
Federal Subsistence Fisheries Proposals Due March 24th (03/20/06)
Southeast Alaska Subsistence Eulachon Closures Announced 
(03/20/06)
ADF&G Conducts Subsistence Halibut Survey (03/20/06)

Alaska Board of Fisheries Proposals Due April 10th (03/20/06)

 

December 2005
Ten Communities to Undergo Further Rural Review  (12/21/05)

Nominations Sought for Regional Advisory Council Seats  (12/21/05)
New Members Join Regional Advisory Councils (12/21/05)

August 2005
Public Comment Sought on Rural Status for Alaska Communities (8/9/05)
Yukon River Subsistence Fishery a Success by Most Standards
(8/9/05)
Redoubt Bay and Lake Sockeye Limits Announced (8/9/05)

June 2005
New Proposals Would Change Federal Fishing Regulations (6/15/05)

Comments on Proposals Due June 30 (6/15/05)
New Subsistence Halibut Rules (6/15/05)

More Changes in Halibut Regulations to Come (6/15/05)
Three New Types of Subsistence Halibut Permits Available (6/15/05)
Halibut Fishermen Urged to Return Harvest Surveys (6/15/05)

February 2005
Board to Determine Which Towns Are 'Rural' For Subsistence (2/17/05)
State Issues Subsistence Halibut Harvest Surveys (2/17/05)
Proposals to Change Fishing Regulations Due March 25 (2/7/05)
Board Establishes New Trout, Steelhead Seasons in Southeast (2/7/05)
Number of Regional Council Applicants Declines (2/7/05)

December 2004

Comments Invited on Change to Areas of Federal Jurisdiction (12/28/04)
NPFMC Tightens Subsistence Halibut Regulations (12/17/04)

 

November 2004

New RAC Appointees Include Fishermen, Guides (11/20/04)

 

October 2004

Report Finds Resistance to New Fishery on the Kenai (10/22/04)
Survey Documents First Year of Subsistence Halibut Harvest (10/22/04)
SC RAC Makes Recommendations on 6 Fisheries Proposals (10/22/04)
SE RAC Makes Recommendations on 15 Fish Proposals (10/22/04)
 

September 2004

Council to Consider Changes to Subsistence Halibut Regs (9/20/04)
Regional Councils Meet to Discuss Fish Proposals (9/13/04)
Stikine River Subsistence Fishery Nets 243 Sockeye (9/13/04)
Regional Council Application Deadline: Jan. 2, 2005 (9/13/04)

 

July 2004
Comments on Subsistence Halibut Changes Due Aug. 9 (7/30/04)
 

June 2004

U.S. Won't Overturn Area M Decision by Board of Fish (6/9/04)
 

May 2004

Federal Subsistence Proposals Out for Public Review (5/5/04)
NOAA Investigating Violations of Subsistence Halibut Regs (5/5/04)
Norton Decision in Area M Dispute Expected by June (5/5/04)
 

April 2004

Federal Board Taking Comment on 70-30 RAC Composition (4/19/04)
 

March 2004

Board to Hear Testimony on Intervention in Area M (3/30/04)
Norton Rejects Request for State Seat on Subsistence Board (3/5/04)
Salmon Commission OKs Fishery on Mainstem of Stikine (3/5/04)
 

February 2004
Subsistence Halibut Surveys Due March 31 (2/12/04)
 

January 2004

Federal Fisheries Proposals for 2005 Due March 26 (1/9/04)
FSB Establishes New Fisheries, Limits Some Cash Sales (1/9/04)
Travel Money Available for Attending RAC Meetings (1/9/04)
Board Approves Studies of Depressed Stocks, Cash Sales (1/09/04)

November 2003
OSM Announces New RAC Appointments (11/26/03)
Decision on Changing Subsistence Board Expected Soon (11/18/03)
 

October 2003

Regional Council Action on 2003 Fisheries Proposals (10/29/03)
NPFMC Turns Down Ninilchik Eligibility, Eases Some Rules (10/23/03)

Board to Meet Nov. 5 to Consider Adding ADFG as Member (10/20/03)
 

September 2003

Stakeholder Meetings to Address Kenai Subsistence Fish (9/17/03)
11,024 Subsistence Halibut Permits Issued to Date (9/17/03)
 

July 2003

Federal Board Rejects State's Appeal of Cash Sale Rule (7/17/03)
 

May 2003

Comment Deadline on 2004 Fishery Proposals June 16 (5/7/03)
 

March 2003

Federal Subsistence Fisheries Proposals Due Friday (3/26/03)
 

February 2003

Federal Subsistence Office Issues Rural Methodology Report (2/20/03)
UFA Subsistence Outreach Offers Toll-Free Phone Line (2/20/03)
 

January 2003

Interior Appoints 37 to Regional Advisory Councils (1/28/03)
Board Tightens Rules on Cash Sales of Subsistence Fish (1/22/03)
Wording of the Jan. 14, 2003 Regulation on Cash Sales (1/22/03)

 

 

Federal Subsistence Fishing Regulations Change for 2006 (04/13/2006)

The Federal Subsistence Board approved changes to federal subsistence fishing regulations at its January 10-13 meeting in Anchorage. New regulations took effect April 1, 2006.

The only statewide change approved by the Board is a regulation allowing the sale of handicrafts made from the non-edible byproducts of subsistence-harvested fish or shellfish. The Alaska National Interest Lands Conservation Act (ANILCA) specifically allows for such uses, but federal regulations have not officially recognized them in the past. The proposal was supported by oral and written public comments and the recommendations of Regional Advisory Councils. Supporters stated that it would recognize a long-standing practice, allow full utilization of subsistence resources, and enable users to pass down traditional values and knowledge.

Yukon-Northern Area

Ongoing concerns about Yukon River Chinook stocks caused the subsistence gillnet fishery to be a topic of discussion at the Federal Subsistence Board meeting. The Board rejected proposals that would have started the windowed subsistence fishery on May 15th and limited gillnets with greater than six inch mesh size to no more than 35 meshes depth, but did recognize concerns from Yukon River fishermen about the stocks, and encouraged efforts by stakeholders and state and federal fishery managers to work together to address concerns. The change to the start date of the windowed fishing schedule was initially proposed by the Western Interior Regional Council, who cited conservation concerns for the early part of the Chinook salmon run. Other affected Regional Councils and some members of the public opposed the proposal, stating that they start harvesting early in the season when weather is good and fish drying conditions are optimal. Adoption of the proposal would have resulted in federal subsistence regulations being more restrictive than state regulations and could also have interfered with the subsistence sheefish fishery.

The Eastern Interior Council proposed the 35 mesh depth restriction on gillnets, which was opposed by the Western Interior and Yukon- Kuskokwim Delta Councils. Proponents of the change expressed concern that deeper nets target larger female Chinook salmon, resulting in fewer large salmon reaching the spawning grounds. However, adoption of the proposal would have made federal subsistence fishing regulations more restrictive than the state’s commercial and subsistence regulations. Members of the public testified that adoption of the proposal would create a hardship, causing subsistence users to work harder to harvest the same amount of fish. Jill Klein, executive director of the Yukon River Drainage Fisheries Association, which represents commercial and subsistence fishermen on the Yukon River, testified that the association opposed the proposal. “We recognize that preserving the older and larger salmon is vital to the health and survival of the Yukon River fishery. There's not sufficient evidence, however, to suggest that reducing net depth will have the desired effect of reducing catches of these salmon,” said Klein. Klein cited changing water temperatures, bycatch in the Bering Sea pollock trawl fishery, and competition from hatchery releases as possible factors affecting the health of Yukon River stocks.

The Board also made a positive customary and traditional use finding for residents of Mentasta Lake, Chistochina, Slana, and surrounding areas for freshwater fish other than salmon in the waters of the Tanana River drainage.

Kuskokwim Area

The Board eliminated closures to subsistence salmon fisheries before, during, and after commercial fishing periods in District 1, the Kuskokwim River and Kuskokuak Slough. The change aligns federal and state regulations and provides additional subsistence fishing opportunities. Federal users will now be subject to state regulations unless they are superseded by a Federal Special Action.

 

Alaska Peninsula Area

The Board decided to allow additional subsistence fishing opportunities by eliminating closures within a 50 mile radius of commercial openings. The new regulations close subsistence fishing for salmon in the 24 hours before and the 12 hours after a commercial opening in the district or section where the opening occurred.

 

Chignik Area

The Board adopted a proposal to allow subsistence fishing as specified on state subsistence salmon fishing permits unless superseded by a Federal Special Action. Since 2004, state regulations have been less restrictive than federal regulations. The Board also reduced the closure time to subsistence fishing by commercial permit holders prior to the first commercial opening to 24 hours and allowed subsistence fishing in additional areas in the Chignik River.


Prince William Sound Area

The Board made a positive customary and traditional use finding for freshwater fish for the federal public waters of Prince William Sound, except for the Copper River drainage upstream of Haley Creek for all residents of Prince William Sound except those who live in the Copper River drainage upstream of Haley Creek. This includes residents of Cordova, Tatitlek, Chenega Bay, and nearby communities as well as residents of Whittier. Although the Southcentral Regional Council recommended excluding residents of Whittier, the Board decided to include them.

The Board also voted to allow the accumulation of federal subsistence harvest limits and state sport fishing limits for all fish in the Prince William Sound area except for the Copper River drainage north of Haley Creek, as long as the harvest does not occur on the same day.

The Board declined several proposals: one that would have created a fly fishing-only zone on a portion of the Eyak River, one to prohibit the use of dip nets to harvest salmon in the waters of Prince William Sound except for the Copper River, and one to align regulations for harvest of trout, whitefish, and grayling with state sport fishing regulations.

The Board did approve a requirement that operators of fish wheels in the Upper Copper River District check the wheels and remove all fish every ten hours. The new regulation is intended to reduce waste. The Board also approved the use of fyke nets, also known as basket traps, on Tanada Creek provided that subsistence users coordinate closely with the in-season manager.

Southeast Area

The Board modified a regulation requiring the clipping of fins to identify subsistence-caught fish in Southeast and Yakutat areas. Past regulations required that the pelvic fin be removed from fish caught in Southeast and the dorsal fin be removed from fish caught in the Yakutat area. Subsistence users said removal of these fins led to spoilage of fish. Under the new regulation, the tail fin must be clipped instead of the pelvic or dorsal fin. Although the original proposal would have eliminated marking entirely, the Board chose to modify the requirement. Fin clipping is used by enforcement to identify fish harvested under subsistence regulations and is intended to keep subsistence-caught fish from entering the commercial market.

The Board eliminated the federal harvest limit for sockeye salmon in Pillar Bay, an area used by subsistence harvesters from Kake. The federal limit was lower than the state limit and no harvest has occurred under the terms of a federal permit. Federal users will be subject to the state subsistence and personal use limit, which is set by ADF&G depending on the strength of the run. In recent years, the state’s daily and annual limit had been 50 fish per household or individual.

The Board also approved two changes to subsistence fishing on the Stikine River near Wrangell. The Board modified the 5 ½-inch mesh size restriction for gillnets used in the river, replacing it with an 8 inch size limit during the Chinook season only. Subsistence users said the small mesh size decreased the ability to harvest Chinook and coho and was not necessary since the fisheries are managed with a harvest limit. The Board also approved changing of the start date of the Stikine River sockeye salmon fishery from July 1 to June 21 to allow subsistence users to access the earlier part of the run.

A proposal to make a positive customary and traditional use finding for residents of Gustavus in District 14 for salmon, Dolly Varden, trout, smelt, and eulachon was tabled by the Board for consideration next year. The Southeast Regional Council recommended this course of action to allow an examination of customary and traditional use patterns by residents of all Icy Strait and Cross Sound communities. Residents of Hoonah already have a positive customary and traditional use finding for these species in the area and the Hoonah Indian Association opposed broadening the finding to include residents of Gustavus.

The Board removed prohibitions on the use of bait for subsistence fishing in the Southeast and Yakutat areas. Allowing the use of bait allows for more efficient harvest, but also increases mortality on released fish. For this reason, the board adopted language to require all fish taken with bait to be retained and counted towards daily or annual limits. The Board also specified that for streams with steelhead, once your daily or annual limit of steelhead is harvested, you may no longer fish with bait.

The Board rejected a proposal that would have allowed the use of subsistence harvested pink salmon as bait in commercial fisheries after receiving legal advice that it would not be supportable to allow the use of subsistence caught fish as bait in state managed fisheries.

Four proposals to restrict or eliminate harvest in the subsistence steelhead fishery were rejected by the Board. The Board first authorized the fishery in 2005 despite objections from the Department of Fish and Game, whose biologists stated that the harvest potential in the fishery could cause conservation concerns, especially on streams where steelhead runs are small. Federal permits and reporting are required for steelhead fishing in Southeast. Streams of concern have more restrictive permit conditions, including size and harvest limits and gear restrictions. Conditions are developed annually by federal managers after consultation with state biologists. Reported harvest for 2005 was 24 steelhead taken on Prince of Wales and 8 taken in other areas.

State biologists continued to express concern about the vulnerability of steelhead stocks. Marianne See of ADF&G questioned the federal harvest estimates, saying, “It's really not clear whether that reflects a lack of harvest or a lack of reporting. If it's a lack of harvest, then, in fact, the state regulations would, in fact, provide for opportunity. If the information presented, in fact, is a lack of reporting, then we question the permit system's effectiveness in capturing those users of the resource.”

The Board meets annually to consider changes to subsistence fishing regulations. Complete regulations are online at http://alaska.fws.gov/asm/lawsalt.cfm (Click on Fisheries Regulations).

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

Federal Subsistence Fisheries Proposals Due March 24th (03/20/06)

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.

Proposal forms are printed in the federal subsistence management regulations booklet and are available through the federal Office of Subsistence Management, 1-800-478-1456 or through UFA’s Subsistence Outreach Program, 1-888-586-6822.  Forms can also be found at http://alaska.fws.gov/asm/pdf/forms/fpropform06.pdf.

About 40 fisheries proposals are submitted each year. The Federal Subsistence Board considers proposals for changing subsistence fishing regulations in all areas of the state, each year.  Proposals submitted by the March 24th deadline will be published in the board’s annual proposal booklet, a compilation of all proposals statewide. The proposal booklet is distributed for review by members of the public, agency staff and federal decision-makers.

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, 2007.


Southeast Alaska Subsistence Eulachon Closures Announced 
(03/20/06)

The Alaska Department of Fish and Game has announced that there will be no subsistence or commercial harvest of eulachon smelt in Sections 1-C and 1-D, which includes the waters of Burroughs Bay, and the Unuk, Klahini, and Chickamin Rivers for the 2006 season due to concerns for the health of the stocks. In 2004 and 2005 there were very limited returns to these areas.

The United States Forest Service, which manages Federal waters in the Burroughs Bay area, is also closing those waters to the subsistence harvest of eulachon smelt this year.  Fish and Game, in cooperation with the United States Forest Service, will continue to monitor the returns to these systems during the spring of 2006.

The Alaska Department of Fish and Game has also announced that the Stikine River will be closed to commercial eulachon fishing and Bradfield Canal will be closed to commercial and subsistence eulachon fishing in 2006.  Many eulachon spawning runs throughout the Pacific coast, including Southeast Alaska, have had marked declines in recent years. The department has limited information concerning the status of eulachon stocks in the Bradfield Canal and Stikine River and feels a conservative approach is necessary for sustaining the health of these stocks.

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.

ADF&G Conducts Subsistence Halibut Survey (03/20/06)

The Alaska Department of Fish & Game (ADF&G), Division of Subsistence, has mailed a one-page survey form to everyone who registered and received a Subsistence Halibut Registration Certificate (SHARC) from the National Marine Fisheries Service (NMFS). Survey recipients will be asked to record whether they subsistence fished for halibut in 2005 and how many halibut they harvested, and to return the form to ADF&G. 

To ensure future subsistence halibut fishery decisions are based on reliable information, everyone who receives the survey is encouraged to take a few minutes to fill it out and return it to ADF&G. Accurate harvest information is essential for effective management and for providing future subsistence fishing opportunities. The study findings will be summarized at a community level and presented in a final written report available to the public in late 2006.

This is the third year of an ongoing project to estimate subsistence halibut harvests in Alaska. Results of the research pertaining to 2003 and 2004 subsistence halibut harvests are available at the Division of Subsistence website at www.subsistence.adfg.state.ak.us , under “Publications.”

Questions about the survey should be addressed to Jim Fall or Brian Davis of ADF&G's Division of Subsistence at (907) 267-2353 or e-mail jim_fall@fishgame.state.ak.us or brian_davis@fishgame.state.ak.us.  In Southeast Alaska, please contact Mike Turek at (907) 465-3617 or e-mail mike_turek@fishgame.state.ak.us.

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

Alaska Board of Fisheries Proposals Due April 10th (03/20/06)

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.

In addition, the board is accepting proposed changes to the subsistence, personal use, sport, guided sport, and commercial statewide finfish provisions regulations.  Examples of “statewide" regulations include, but are not limited to, policy for the management of sustainable salmon fisheries, policy for the management of mixed stock fisheries, policy for statewide salmon escapement goals, possession of sport-caught fish, fishing by proxy, etc.

To insure that the proposed booklets are distributed well in advance of the board meetings and the fishing season, the board has set Monday, April 10, 2006 as the proposal deadline.  Proposal forms may be obtained from any office of the Boards Support Section or from http://www.boards.adfg.state.ak.us/fishinfo/index.php.  Proposals must be received by Boards Support by the deadline (a postmark is NOT sufficient).  If you have questions of would like to request a form, please call Boards Support at (907) 465-4110.  Following publication, proposal booklets will be available to advisory committees and interested members of the public for review and comment.  Proposals received by the above deadline will be considered by the Board of Fisheries during the October 2006 - March 2007 meeting cycle.

Ten Communities to Undergo Further Rural Review (12/21/05)

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.


Nominations Sought for Regional Advisory Council Seats  (12/21/05)

Interested in Subsistence?  Would you or someone you know like to serve on a Federal Subsistence Regional Advisory Council?

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.

 

New Members Join Regional Advisory Councils  (12/21/05)

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: 

Federal Subsistence Board  Attn:Theo Matuskowitz
Office of Subsistence Management
3601 C Street, Suite 1030
Anchorage, AK 99503

 

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
 

Yukon River Subsistence Fishery a Success by Most Standards (8/9/05)

The summer king salmon run on the Yukon River is over, and reports from users throughout the area confirm this was a good summer for subsistence fishing.  July 18 marked the cut off for the sonar count at Pilot Station estimating Yukon River king salmon and summer chum.  By last count 165,000 kings and 2.5 million summer chums had passed the station located about 120 miles from the mouth of the river. According to Alaska Department of Fish and Game biologist Steve Hayes, king numbers ran near average while the summer chums well exceeded the historical 1.4 million average. 

 

Subsistence needs in the lower river were met early.  While king salmon runs were strong, fishery managers relaxed regulations to allow more fishing time for those upriver.  Commercial fishing openings were also adjusted to provide for more escapement and subsistence fishing opportunities.  Reports from subsistence fishermen indicated that although the salmon were slightly smaller, many were higher quality than those caught in recent years. 

 

With the majority of the summer run over, Yukon River subsistence fishermen are now fishing for fall chum and coho.  According to ADF&G, the Pilot Station Sonar Project estimates the cumulative passage of 1,556 coho salmon is near average and is anticipated to start building this week.  The cumulative sonar estimate of fall chum salmon through August 2 is 376,933 which is above the average for the project of 168,361.  According to the Fall Chum Salmon Management Plan, a run of this size should prove adequate for escapement and subsistence uses.

 

Redoubt Bay and Lake Sockeye Limits Announced (8/9/05)

The Alaska Department of Fish and Game has announced that effective Saturday, July 16, 2005 the individual/household possession limit of subsistence sockeye salmon at Redoubt Bay and Lake near Sitka will be 25 sockeye salmon and the individual/household annual limit will be 100 sockeye salmon. The department will also be issuing community harvest permits to those groups or organizations that are interested.

 

As of July 14, 10,400 sockeye had been counted through the weir. Run timing based on past weir data has shown that approximately 20% of the sockeye run has passed through the weir into the Redoubt Lake at this time. The resulting projected total escapement for the 2005 season at Redoubt Lake is approximately 43,000 sockeye salmon, however, if the run is earlier than normal a smaller total return may be expected.

 

Management of the Redoubt Area has been controversial in the past, when small run sizes led to restrictions on both subsistence and sport users.  Subsistence advocates have asked the Federal Subsistence Board to extend its jurisdiction beyond federal waters and into those managed by the State of Alaska to ensure adequate opportunities for subsistence harvest.  Although the Federal Subsistence Board declined to do so, the Alaska Board of Fisheries addressed the issue at its January 2003 meeting and adopted the Redoubt Bay and Lake Sockeye Salmon Management Plan in response to the concerns raised by subsistence users.

 

This plan provides a management approach for subsistence, sport, and commercial fisheries that harvest Redoubt Lake sockeye salmon based on an optimal escapement goal of 7,000 to 25,000 fish. The management plan provides that if the projected total escapement is greater than 30,000 fish then the subsistence individual/household possession limit will be 25 fish and the annual limit will be 100 fish. The management plan also provides for the issuance of community harvest permits if the projected total escapement is greater than 40,000 fish. Certain restrictions apply to community harvest permits and those interested should contact the Sitka Fish and Game office for additional information.

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 1st.  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 30th.  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 15th.  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.

 

Three New Types of Subsistence Halibut Permits Available (6/15/05)

Along with other changes to subsistence halibut fishing regulations, NMFS has also implemented three new types of permits.  The Community Harvest, Ceremonial and Educational permits are designed to address concerns raised by tribal and community members about the revised regulations.  Although the revised regulations are considerably more liberal in areas adjacent to the Bering Sea, Southcentral and Southeast Alaska both have additional restrictions. 

In area 3A (Southcentral Alaska), harvesters are now limited to 90 hooks per vessel in addition to the 30 hook per fisherman limit.  However, qualified Alaska Native tribes in areas 2C and 3A can apply for Ceremonial and Educational permits. The permits were developed based on testimony from the tribes that they traditionally harvest halibut for these purposes. Ceremonial and Educational permits maintain the same gear limitations as those required when fishing under a subsistence halibut registration certificate. However, holders of these permits are allowed to harvest 25 fish.

In area 2C (Southeast Alaska), harvesters are limited to 30 hooks and 20 fish per vessel under the new regulations.  Communities and tribes in the area expressed concern that the new regulations might hinder their traditional harvest practices.  It is common for a few skilled harvesters to fish for the community, distributing the halibut among community residents.  To mitigate concern over these restrictions, communities and tribes in Southeast Alaska may apply for a Community Harvest Permit (CHP) in addition to being eligible for Ceremonial and Education permits.  The CHP Program allows a community or Alaska Native tribe to select harvesters to fish on their behalf.  Using a CHP in Area 2C would allow the use of 30 hooks per person up to a maximum of 90 hooks per vessel with no harvest limit.  Due to localized depletion concerns, Community Harvest Permits may not be used in the Sitka Sound area.

More information on the new permits, including online applications and instructions, is available online at http://www.fakr.noaa.gov/ram/subsistence/halibut.htm.


Halibut Fishermen Urged to Return Harvest Surveys (6/15/05)
The Alaska Department of Fish and Game, Subsistence Division and the National Marine Fisheries Service request that all subsistence halibut fishermen fill out and return their 2004 harvest surveys. 

The survey, now in its second year, asks Subsistence Halibut Registration Certificate (SHARC) holders to record whether or not they subsistence fished for halibut in 2004 and how many halibut they caught.  Surveys were mailed to SHARC holders in February, March and May of 2005.  Bridget Easley, of ADF&G Division of Subsistence, said that by the end of May, 7139 of the 13,812 surveys had been returned.  The 51.7% response rate compares well with last year’s returns and is considered an excellent showing for the mail-in portion of the program.  Last year’s final participant tally was 7,593 out of 11,512 sent.

The survey is the only method available to estimate subsistence halibut harvests in Alaska.  Although subsistence harvest accounts for a small percentage of the halibut taken from Alaskan waters each year, accurate catch data will help managers protect the resource and provide future subsistence fishing opportunities.  All survey responses are confidential.

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 15th, 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.

 

Board to Decide Which Towns Are 'Rural' for Subsistence (2/17/05)

The Federal Subsistence Board has started evaluating communities to determine which Alaskans reside in “rural” places and thus qualify for federal subsistence hunts and fisheries.

The Alaska National Interest Lands Conservation Act requires that rural Alaskan residents be given a priority for subsistence uses of fish and wildlife on federal public lands in the state. Federal regulations require the status of communities to be evaluated every 10 years, using new federal census information.

In response to criticism of some rural determinations in the 1990s, federal managers were considering adopting a new methodology for making such decisions, but legal questions about a proposed new model have led them to retain the former methodology.

According to that standard, communities with populations of 2,500 or less are generally considered rural and ones larger than 7,000, generally non-rural. Deviations from the rule occur for small communities ranked non-rural because of attachment to larger ones (like Houston, population 1,202) and for larger communities determined to be rural due to their relative isolation (like Sitka, population 8,835).

Communities with populations between 2,500 and 7,000 are evaluated on the basis of characteristics that include diversity and development of the local economy, use of fish and wildlife, community infrastructure, transportation and educational institutions.

The largest communities currently determined to be rural are Sitka and Kodiak, population 6,334. Residents of Sitka will likely be watching the evaluation closely, as many residents there have been outspoken supporters of federal management and active subsistence harvesters.

Some subsistence advocates in Ketchikan may also push for a rural designation of that community, which has lost population in recent years. Adak, site of an inactive Navy base with a population just over 300, is expected to become rural.

By August, federal staff are expected to have recommendations on rural determinations, including a list of communities requiring further review. Following a public review of staff recommendations, federal staff in 2006 will conduct in-depth analyses of communities identified for further analysis.

By June 2006, the Federal Subsistence Board is scheduled to develop a proposed rule to address changes in current status, with a final decision to be made by December 2006.

Written comments on the evaluation process will be accepted through April 1, 2005. They can be sent to the Board by e-mail to subsistence@fws.gov, by fax at (907) 786-3898 or by mail to Federal Subsistence Board, Attn: Theo Matuskowitz, Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, AK 99503

Additional information about the process is available on the federal subsistence program’s website, http://alaska.fws.gov/asm/current.cfm or by phoning Maureen Clark at (907) 786-3953.        

State Issues Subsistence Halibut Harvest Surveys (2/17/05)

State and federal fishery managers are encouraging all subsistence halibut fishermen in Alaska to fill out and return their year 2004 harvest surveys. The surveys were mailed last week to the more than 12,000 individuals registered to participate in the fishery.

Survey recipients are asked if they subsistence fished for halibut in 2004 and how many halibut they harvested and to return the form to the Alaska Department of Fish and Game’s Division of Subsistence.

The survey represents the second year of a project aimed at estimating subsistence halibut harvests under new regulations that went into effect May 15, 2003. Results of last year’s survey found a total statewide harvest of 1 million pounds, with two-thirds of the harvest coming from Southeast Alaska. Nearly 75 percent of fishermen reported using setline gear. (To see the entire harvest survey report, go to the Division of Subsistence website at www.subsistence.adfg.state.ak.us under “Publications.”)

Management of the fishery hinges on reliable harvest information, said Dr. Jim Fall, who conducts the study under contract to the National Marine Fisheries Service. “Accurate harvest information is essential to effective management and for providing future subsistence fishing opportunities.” 

Questions about subsistence halibut fishing regulations should be addressed to NMFS at 1-800-304-4846 (option #2) or to UFA’s Subsistence Outreach program, 1-888-586-6822. Questions about the survey should be addressed to the Division of Subsistence in Anchorage at 907-267-2353 or in Douglas at 907-4645-3617. Dr. Jim Fall can be reached at 907-267-2359 and at jim_fall@fishgame.state.ak.us .

 Proposals to Change Fishing Regulations Due March 25 (2/7/05)

Fishermen and members of the public interested in making changes to federal subsistence fishing regulations can file regulatory proposals through March 25, 2005.

Alaska residents and non-residents can make proposals aimed at 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.

Federal Regional Advisory Councils, state Fish and Game Advisory Committees and other organizations also can submit proposals.

Proposal forms are printed in the federal subsistence management regulations booklet and are available through the federal Office of Subsistence Management, 1-800-478-1456 or through UFA’s Subsistence Outreach Program, 1-888-586-6822. Download a form online, http://alaska.fws.gov/asm/pdf/forms/fpropform05.pdf .

About 40 fisheries proposals are submitted each year. Proposals in 2004 led to establishment of new subsistence fisheries for steelhead and other trout species in Southeast Alaska, and to new restrictions on cash exchanges for subsistence-caught salmon on the upper Copper River.

The Federal Subsistence Board considers proposals for changing subsistence fishing regulations in all areas of the state, each year.

Proposals submitted by the March 25 deadline will be published in the board’s annual proposals booklet, a compilation of all proposals statewide. The proposals booklet is distributed for review by members of the public, agency staff and federal decision-makers.

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.

Board  Establishes New Trout, Steelhead Seasons in Southeast (2/7/05)

The Federal Subsistence Board established new fisheries for steelhead and other species of trout in Southeast Alaska at its January 2005 meeting.

The Board also rejected a proposal to allow rural fishermen in Southeast to take federal and state subsistence bag limits of fish, and adopted new restrictions on cash exchanges for subsistence salmon on the upper Copper River.

Except for Prince of Wales Island and a few nearby islands, subsistence steelhead fishermen in Southeast currently are 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 proposals adopted by the Board, beginning in 2006, rural households in Southeast will be permitted to harvest two steelhead annually between Jan. 1 and May 31 using dipnets, handlines, spears or rod and reel without bait. Steelhead are defined as rainbow trout larger than 22 inches.

The proposal was submitted by John Littlefield, chair of the federal subsistence council in Southeast, who said that the existing limit didn’t provide a realistic opportunity for subsistence users to get steelhead. Federal subsistence board members agreed, but cited concerns raised by the Alaska Department of Fish and Game about vulnerability of small stocks, including those in streams on the Juneau road system.

To address conservation concerns, the Board adopted language that “permit conditions and systems to receive special protection will be determined by the local federal fisheries manager in consultation with the Alaska Department of Fish and Game.”

Board member Judy Gottlieb said the short season and anticipated small effort would not pose conservation concerns. “I think that by working together with the state, any conservation concerns would be addressed.”

Board member Gary Edwards’ concerns about Juneau road system streams, voiced in a letter from a Juneau fly-fishing group, were dropped after Littlefield said it was unrealistic to believe that rural residents would come to Juneau to catch two steelhead. “That’s a sky-is-falling defense,” he said.

The Board considerably expanded federal subsistence fishing opportunities for rainbow, cutthroat trout and Dolly Varden in the region. Under previous regulations, fishermen were limited to state sportfish gear and bag limits except on six lakes in Southeast, where they could take 6 cutthroat or rainbow trout in combination, with a slot limit of between 11 and 22 inches, plus 10 Dollies.

The Board adopted a proposal that replaces previous regulations, 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. Gear is limited to rod and reel with artificial lure or fly.

The State of Alaska opposed both proposals. Marianne See, subsistence coordinator for the Department of Fish and Game, said existing data don’t show subsistence steelhead fishing is customary and traditional in all areas of the region. “There is no legal or factual justification for a regionwide subsistence fishery in this case,” she said.

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.

Federal subsistence fisheries biologist Cal Casipit acknowledged a discrepancy in federal reports of steelhead fishing and numbers of Prince of Wales steelhead reported harvested on the State of Alaska’s household harvest surveys. Casipit estimated as many as 300 steelhead per year are taken illegally.

“Some people won’t get permits. They don’t think they need them. They don’t get state permits and they don’t get federal permits,” Casipit said.

Federal and state officials also clashed on whether a 2001 closure of Kutlaku Lake and River near Kake to non-rural fishermen was still justified. Fish and Game had submitted a proposal to re-open the system, saying that a federal study of sockeye in the system in 2002-2003 showed that the small harvest by non-subsistence users was sustainable.

The Board, however, voted to continue the closure, citing testimony from the Village of Kake that subsistence sockeye needs there were not being met.

After considerable deliberation, the Board rejected a proposal from the Southeast Regional Advisory Council seeking to allow subsistence fishermen in the region to take harvest limits of fish under federal and state regulations. Current federal regulations prohibit fishermen from “stacking” subsistence harvests.

Littlefield said the change was necessary because the needs of some subsistence users in Southeast weren’t being met under current regulations. But Gottlieb and other Board members said that if needs of federal users weren’t being met, the Board should provide by changing federal regulations. Littlefield said the change wouldn’t generate a conservation concern, but was challenged on that assertion by Gottlieb and Dennis Bschor, a Board member representing the U.S. Forest Service.

Littlefield and Federal Subsistence Board member Paul Tony also questioned the federal government’s authority to restrict its users from participating in State of Alaska fisheries.

Federal solicitor Keith Goltz admonished the Board from setting a precedent with the proposal. “The bottom line is that you’re walking into waters that are very stormy, and if you want to do that, we need to do a full legal examination of this question and tease out all the individual questions. This is more than a proposal dealing with Southeast and a few fish. This proposal has implications for the entire federal subsistence program.”

Gottlieb said the Board would need to get a legal briefing on the questions raised by the proposal and bring it back to the public.

The Board approved allowing federal subsistence fishermen in Southeast to also harvest state sportfish bag limits.

 The Board’s approval of limits on customary trade of salmon on the upper Copper River represented the second time a region has secured limits on cash exchanges more restrictive than the general statewide rule adopted by the Board in January 2003.

Native organizations in the region pushed the proposal, which limits a household’s sales to 50 percent of harvest annually. It further limits sales to non-rural residents to $500 per year. Record-keeping of all sales is required. The new regulation is similar to one adopted in the Bristol Bay region last year.

The statewide regulation prohibits commercial transactions and requires that fish received by non-rural residents through customary trade be consumed by the recipient.

Below is a recap of actions by the Federal Subsistence Board on all 30 federal fisheries proposals for 2006:

01 – Establish federal subsistence use amounts for chinook, coho and chum on the Yukon River; Action: Withdrawn by proponent.

02 – Relax or lift Yukon River fishing schedules when runs permit, irrespective of commercial opportunities; Action: Reject.

03 – Limit Yukon River gillnets with 6-inch or larger mesh to 35-mesh maximum depth; Action: Reject.

04 – Expand the drift gillnet fishery area on the Yukon River to include subdistricts 4B, 4C and 5; Action: Adopt with amendment to exclude harvest of chum salmon and include permit requirement.

05 – Establish a 5-day fall chum salmon opening for federally-qualified users only in subdistrict 5D of the Yukon River; Action: Reject.

06 – Relax of lift Kuskokwim River fishing schedules when runs permit irrespective of commercial opportunities; Action: Reject.

07 – Revise customary and traditional use determination for rainbow trout on the Kuskokwim River, adding Tuntutuliak, Napakiak, Napaskiak, Oscarville, Bethel, Atmautluak, Nunapitchuk, Kasigluk, Tuluksak, Upper Kalskag and Lower Kalskag; Action: Adopt.

08 – Revise customary and traditional use determination for rainbow trout on the Kuskokwim River, adding Aniak, Chuathbaluk, and Crooked Creek; Action: Adopt.

09 – Remove permit requirement for subsistence fishing for char in the Bristol Bay area; Action: Adopt as modified by Bristol Bay RAC, including elimination of permit requirement for fishing for rainbow trout.

10 – Establish limits on amount of customary trade allowed in the Cook Inlet Fisheries Management Area to $500 between rural residents and $400 between rural residents and others; Action: Reject.

11 – Establish the customary and traditional use of eulachon in the waters of the Bering River area from Point Martin to Cape Suckling by the residents of Cordova; Action: Adopt.

12 -- Establish the customary and traditional use of eulachon in the waters of the Copper River Delta from the Eyak River to Point Martin by residents of Cordova; Action: Adopt as modified, adding Chenega Bay and Tatitlek.

13 – Establish limits on amounts of customary trade allowed in the Upper Copper River District; the total number per household of salmon exchanged as customary trade between rural residents may not exceed 50 percent of annual harvest; customary trade between rural residents and others may not exceed 50 percent of annual household harvest, may not exceed more than $100 annually, and must be recorded on a record-keeping form; allow cash sale of salmon processed using customary and traditional methods. Action: Adopt as modified, increasing allowable exchanges to non-residents to $500, requiring record-keeping of all sales, deleting language referring to methods of processing.

14 – Revise the customary and traditional use determination for salmon in the Chitina Subdistrict of the Upper Copper River District to include Chickaloon; Action: Adopt.

15 – Revise the customary and traditional use determination for salmon in the Glenallen Subdistrict of the Upper Copper District to include Chickaloon; Action: Adopt.

16 – Remove the requirement for a separate, federal fishing permit for federally qualified fishermen subsistence fishing for steelhead in the Sitak and Ahrnklin rivers near Yakutat; Action: Reject.

17 – Remove harvest reporting requirements and manager authority from fish harvest provisions that allow the taking of fish outside of open seasons or harvest limits for food in traditional or religious ceremonies in Southeast Alaska; Action: Reject.

18 – Allow subsistence fishing with a rod-and-reel within 300 feet of a fish ladder, matching state sportfish regulations; Action: Adopt.

19 – Limit subsistence fishing gear for Southeast Alaska to gaffs, spears, gillnets, beach seines, dip nets, cast nets, and rod and reel; Action: Adopt as modified, applying above allowable gear to steelhead and salmon and adding handlines.

20 – Allow use of a single, hand-held line for snagging salmon; Action: Adopt as modified, including allowing use of snagging for steelhead.

21 – Allow Southeast Alaska federal subsistence fishermen to accumulate federal subsistence harvest limits with annual limits under State of Alaska sport fish regulations; Action: Adopt.

22 – To restrict retention of incidentally caught fish to not exceed incidental catch limits under either sport fish, personal use or subsistence regulations, whichever is more liberal, allowed for that species, time and area; Action: Reject.

23 – Close subsistence fishing for chinook salmon in waters under federal management, and set an incidental harvest limit of two chinook in Southeast; Action: Reject. 

24 – Establish harvest limits for sockeye salmon where not listed, deferring to state subsistence or personal use permits. If the stream system is not listed on a state permit, the sockeye possession limit is 10 and annual limit is 20 for that stream per household; Action: Adopt.

25 – Remove the closure of Kutlaku Lake and Creek to non-federally qualified subistence users for sockeye harvest; Action: Reject.

26 – Establish harvest limits on pink and chum salmon in Southeast; Action: Adopt as modified to read,  “Except where stated in regulations governing federal subsistence fishing permits, there are no harvest limits for the harvest of pink and chum salmon, unless clear conservation concerns require special in-season or pre-season actions.”

27 – Remove annual harvest limit on coho in Southeast and remove prohibition on retaining incidentally caught trout and sockeye salmon; Action: Adopt.

28 – Liberalize steelhead harvest regulations to establish a 2-fish annual limit in Southeast Alaska, with no closed season. Action: Adopt as modified to limit season from Jan. 1 to May 31.

29 – Require a minimum size limit of 36 inches on steelhead harvested on Prince of Wales Island; Action: Reject.

30 – Allow increased harvest of Dolly Varden and trout throughout Southeast Alaska: Dolly Varden, no harvest or size limits and no closed season; cutthroat and rainbow trout, a daily harvest limit of six and a possession limit of 12 in combination, with no size limit or closed season; for brook trout and graylings, a daily harvest limit of 20 per day with a possession limit of 40, with no size limit or closed season; limit gear to a rod and reel with artificial lure or fly unless specifically permitted by state statute. Action: Adopt as modified, setting Dolly Varden, brook trout and grayling harvest limits at 20 daily or in possession; setting daily household harvest limit for cutthroat and rainbow trout to six each and the possession limit to 12 in combination. A rainbow trout is defined as a fish of the species Oncorhyncus mykiss less than 22 inches in length. Gear is limited to rod and reel with artificial lure or fly.

Number of Regional Council Applicants Declines (2/7/05)

Fifty-nine Alaskans have applied for 38 seats open on 10 federal subsistence Regional Advisory Councils in Alaska. The application deadline was Jan. 2.

The number of applications to serve on councils dropped from 99 last year. “This year was not very good. We could use more interest from a number of regions,” said Ann Wilkinson of the Office of Subsistence Management.

Applicants include 11 who wish to represent commercial or sport uses of fish and wildlife. The federal councils are working toward a target of 30 percent membership by representatives of commercial and sport uses by 2006.

The 30 percent target has been met for the Southeast and Southcentral councils. But commercial or sport users still are needed to meet the goal in the Kodiak-Aleutians, Bristol Bay, Yukon-Kuskokwim, Western Interior, Eastern Interior, Seward Peninsula, Northwest Arctic and North Slope regions.

Wilkinson said reaching the goal on the North Slope may be difficult, as the number of resident commercial guides is few.

To serve on councils, individuals must be residents of the region, be knowledgeable about subsistence uses of fish and wildlife, show leadership and communicate effectively. Representatives of commercial and sport uses are expected to be knowledgeable of those uses and may include commercial and sport fishermen, guides, transporters or other consumptive users.

Recent applicants will be interviewed by federal staff, who will make a recommendation on appointment to the federal secretaries of Agriculture and Interior. Appointments are made in the fall.

For more information about serving on regional councils, contact the Office of Subsistence Management at 1-800-478-1456 or UFA’s Subsistence Outreach Program, 1-888-586-6822.

Comments Invited on Change to Areas of Federal Jurisdiction (12/28/04)

The Secretaries of Interior and Agriculture are inviting written comments on a proposed rule which would revise and clarify the jurisdiction of the Federal Subsistence Management Program in coastal areas of Southwestern Alaska.

The proposed rule would exclude from federal jurisdiction saltwater bays in the Alaska Peninsula National Wildlife Refuge, including Morzhovoi Bay, Cold Bay and Pavlov Bay. In the Yukon-Delta National Widlife Refuge, Kokechik Bay, Hooper Bay, Hazen Bay and Toksook Bay would be excluded. In the Bristol Bay region, waters of Kulukak Bay would be excluded.

These waters were inadvertently included under federal subsistence jurisdiction in 1999 when federal management was extended to navigable waters where the federal government holds reserved water rights.

The proposed rule can be found on the Federal Subsistence Management Program website at http://alaska.fws.gov/asm/law.cfm?fr=1. Copies of the proposed rule can be obtained by contacting OSM at 1-800-478-1456 or 1-907-786-3888.

Written comments will be accepted through April 1, 2005. Written comments can be sent to the Board by e-mail to subsistence@fws.gov, by fax at (907) 786-3898 or by mail to: Federal Subsistence Board, Attn: Bill Knauer, OSM, 3601 C Street, Suite 1030, Anchorage, AK 99503.

NPFMC Tightens Subsistence Halibut Regulations (12/17/04)

The North Pacific Fishery Management Council on Dec. 11 tightened subsistence halibut fishing regulations, placing new statewide rules on numbers of fish in possession, use of charter boats and 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, added the Prince of Wales Island community of Naukati to communities eligible for subsistence halibut fishing and allowed fishing in non-subsistence use areas by holders of special permits.

The changes, the second set of revisions on the original subsistence halibut regulations that became effective in May 2003, are expected to become law by January 2006.

The first set of revisions approved by the Council – including ones that would establish a vessel limit of 30 hooks and 20 fish per day in Southeast Alaska – are expected to be on the books by spring 2005.

At the urging of tribal representatives, the Council voted to eliminate a $400 limit on “customary trade.” Instead, the Council adopted language limiting exchange of cash to compensation for “actual trip expenses for ice, bait, food and fuel directly related to the harvest of subsistence halibut.” The Council also limited customary trade to between members of the same rural community and between members of Alaska tribes.

The Sitka tribe’s Mike Miller, a member of the Council’s Alaska Native Subsistence Halibut Working Group testified that the intent of the $400 limit was misinterpreted by fishermen. “A lot of people just got confused. No matter how you explained it, people just saw it as a way to make that much money. They saw it as a target.”

Bubba Cook, a regulations specialist for the National Marine Fisheries Service, said the change represents an improved definition of customary trade. “It informs the public on what they can and can’t do, instead of a $400 limit. This isn’t ideal, but it gets us closer.” Under the change, subsistence users might be asked to provide enforcement officers with receipts showing that cash received was used to pay for trip expenses.

Recognizing that subsistence limits have been established on a per-fishermen and a per-vessel basis, the Council adopted a subsistence halibut possession limit of one daily limit.

The Council defined charter vessels as ones licensed or registered as such by Alaska Department of Fish and Game, and restricted use of such vessels for subsistence halibut fishing to the owner of record and the owner’s immediate family. It also prohibited subsistence fishing while clients are on board and transfer of subsistence halibut to clients.

The Council allowed fishing in non-subsistence use areas by holders of ceremonial and educational permits. Coastal tribes qualify for the permits. Non-subsistence use areas include Valdez Arm, around Ketchikan and Juneau, and most of Cook Inlet.

In the Sitka LAMP area, new restrictions between June 1and Aug. 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 Sept. 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.

In approving the appeal for eligibility from the community of Naukati, the Council rejected a similar appeal from an individual residing at Port Tongass Village, south of Ketchikan. The state Board of Fish had endorsed eligibility for Port Tongass Village, but the Council rejected the claim, saying its model for eligibility was based on communities rather than individuals.

The Advisory Panel to the Council recommended extending a 15-hook limit throughout regulatory area 2C between June and August to address concerns raised by commercial fishermen about increased gear and harvests in that area, but the Council declined to do so. Tribal members testified that such a limitation would invite abuse and untruthful reporting of halibut catches.

Instead, the Council formalized its intent to entertain further subsistence proposals in the fall of 2006, after two more years of harvest data have been collected. This will allow time to gain additional information on trends in subsistence halibut gear, harvest and fishing effort, and consideration of other options for regulatoy revisions, Council member Arne Fuglvog said.

Council member Hazel Nelson said the group’s decision representing a balancing of views between commercial and tribal subsistence fishermen testifying at the meeting. “The Council has been patient with the way it deals with subsistence uses. The different users have come to agreement to the degree as best they can.”    

 

 RAC Appointees Include 10 Commercial/Recreational Users (11/20/04)

 Frank Wright Jr. of Hoonah, a lifetime commercial fisherman, seine boat owner and longliner, is the newest member of the Southeast Regional Advisory Council to the Federal Subsistence Board.

Ten representatives of commercial and sport uses of fish and wildlife were among 39 Alaskans U.S. Secretary of Interior Gale Norton appointed or reappointed to federal subsistence Regional Advisory Councils (RACs) this month.

A directive from Secretary Norton in 2002 established as a goal that 30 percent of the membership on each of the 10 subsistence councils statewide be comprised of commercial and sport consumptive users. Non-subsistence representatives are expected to give voice to users of fish and wildlife who may be affected by federal subsistence regulations. Seventy percent of seats are reserved for subsistence users.

The nine appointees, who will join the RACs early next year, represent the “sophomore class” of members representing commercial and sport uses. The first commercial and sport users to get seats on RACs were appointed in 2003.

The “70-30” goal has been met for the Southeast and Southcentral regions, but the Office of Subsistence Management continues to recruit to meet that goal in the other regions.

“We take that (directive) seriously. We know what that means and we’re trying for it in every region,” said Ann Wilkinson, who’s in charge of implementing the 70-30 formula for the Office of Subsistence Management.

Other sport and commercial users appointed to Regional Advisory Councils were: Southcentral RAC: Douglas F. Blossom, a commercial fisherman from Clam Gulch; Robert Churchill, Anchorage sportfisherman; Kodiak Aleutians RAC: Samuel I. Rohrer, Kodiak hunting and fishing guide, Pete Squartsoff, Port Lions commercial fisherman; Bristol Bay RAC: Nanci A. Morris, a fishing guide from King Salmon; Yukon-Kuskokwim Delta RAC: Willard D. Church, Jr., Quinahagak sportfishing guide, James A. Charles, Tuntutuliak commercial fisherman; Western Interior RAC: Tom Kriska, Koyukuk hunting guide; Seward Peninsula RAC: Vance E. Grishkowsky, Unalakleet hunting and fishing guide.

Representatives of subsistence uses appointed or re-appointed to RACs in November include: Southeast RAC: Michael Douville of Craig, Harvey Kitka of Sitka, Patricia Phillips of Pelican, Richard L. Stokes of Wrangell; Southcentral RAC: Greg Encelewski of Ninilchik, Pete A. Kompkoff Jr. of Chenega Bay; Kodiak Aleutians RAC: Patrick B. Holmes of Kodiak, M. Richard Zacharof Jr. of Saint Paul; Bristol Bay RAC: Pete M. Abraham of Togiak, Daniel J. O’Hara of Naknek; Yukon-Kuskokwim Delta RAC: Raymond J. Oney of Alakanuk, William F. Brown of Eek; Western Interior RAC: Michael Stickman of Nulato and Robert Walker of Anvik; Seward Peninsula RAC: Peter Buck of White Mountain, Clifford Weyiouanna of Shishmaref, Myron P. Savetelik of Shaktoolik.

Northwest Arctic RAC: Victor Karmun of Kotzebue, Percy C. Ballot Sr. of Buckland, Ralph A. Ramoth Sr. of Selawik, Reggie R. Cleveland  Sr. of Shungnak; Eastern Interior RAC: Susan Louise Entsminger of Tok Cutoff, Gerald D. Nicholia of Tanana, Donald A. Woodruff of Eagle and James Nathaniel Sr. of Chalkyitsik; North Slope RAC: Baxter Bailey Hopson of Barrow, Paul Bodfish Sr. of Atqasuk, Ray F. Koonuk Sr. of Point Hope, David A. Gunderson of Wainright, Julius M. Rexford Sr. of  Point Lay.

Report Finds Resistance to New Fishery on the Kenai Peninsula (10/22/04)

A report aimed at guiding proposals for a new federal subsistence fishery on the Kenai Peninsula found resistance to changes in existing regulations.

Conducted by the state Division of Subsistence under contract with the federal Office of Subsistence Management, the survey interviewed households in Cooper Landing, Hope, Nikolaevsk, Ninilchik and Seldovia about past, current and potential future subsistence fisheries in the region. A copy of its executive summary is available at http://www.r7.fws.gov/asm/04fallcouncilbook/sc4b.pdf .

Currently, all rural residents of Alaska are eligible to subsistence fish on federal waters in Cook Inlet, but only under state sportfish gear and harvest regulations. Federal waters include rivers and lakes in the Kenai National Wildlife Refuge, Chugach National Forest, and portions of Lake Clark National Park and Denali National Park.

A majority of 355 rural households on the Peninsula the study surveyed about a new fishery said state personal use fisheries were adequate to meet their needs. A smaller majority said they’d like new subsistence fishing regulations to match state sport fishing rules.

“Most households declined to provide suggestions for the location of potential federal subsistence fisheries, because they are opposed to federal subsistence management, or are opposed to freshwater subsistence fisheries, or are concerned about the conservation implications of such fisheries,” the report said.

Of the households offering scenarios for new federal subsistence fisheries, a large majority recommended rod and reel as the only allowable gear type. Some expressed interest in expanded subsistence fishing, but in marine waters under the State of Alaska’s jurisdiction.

The study collected information about demography, fish harvests and uses from 2002 to 2003, past participation in fisheries and potential federal subsistence fishing proposals.

The five surveyed communities are among 18 areas on the Kenai designated as “rural” and qualifying for subsistence fishing and hunting opportunities established under federal regulations. Others are Tyonek, Beluga, Sunrise, Happy Valley, North Fork Road, Voznesenka, Kachemak Selo, Razdolna, Halibut Cove, Jakalof Bay, Seldovia Village, Port Graham and Nanwalek.

The survey and report are intended to serve as a baseline for 2006 federal fisheries regulatory proposals for Cook Inlet. The deadline for filing proposals is late March.             

Survey Documents First Year of Subsistence Halibut Harvest (10/22/04)

A harvest survey by the State of Alaska estimates that about 5,000 fishermen caught more than 1 million pounds of halibut in the first year of the recognized subsistence fishery.

The subsistence harvest represented 1.3 percent of the total poundage of halibut taken in Alaska in 2003 and one-seventh of the estimated sportfish catch.

Fewer than half of the 11,625 Alaskans who received subsistence halibut permits fished in 2003. Nearly three-quarters of halibut fishermen fished with setlines; 28 percent used handlines or rod and reel. Sixty percent of the catch came from Southeast Alaska; 23 percent came from Cook Inlet, Kodiak and Prince William Sound. The average halibut harvested weighed 24 pounds.

“I think we can be confident that we’ve come up with a reasonable estimate for harvest of halibut and for lingcod,” state Division of Subsistence researcher Jim Fall testified at the Oct. 6 meeting of the North Pacific Fishery Management Council. To see a copy of the report, contact UFA’s subsistence outreach office or, on the Internet, go to http://www.subsistence.adfg.state.ak.us/TechPap/PublicReviewDraft.pdf .

Previous state estimates of subsistence halibut harvest ranged from 400,000 to 1 million pounds.

The first recognized subsistence halibut fishery in Alaska started May 15, 2003, with gear and bag limits significantly increased from halibut sport fish and personal use regulations.

Subsistence advocates testifying at the Council meeting said the survey shows the subsistence harvest remains small under the expanded regulations. But pointing to survey results from Southeast showing a relatively high harvest from that region and proportionately higher use of setline gear, commercial fishermen expressed concern that the new regulations have increased effort and harvest. Some also expressed concerns about the accuracy of the harvest estimate and called for mandatory harvest reporting.

In Southeast, 86 percent of subsistence fishermen used setline gear, the highest percentage among fishing regions in the state, with the exception of area 4D, a region in the western Bering Sea.        

Rural coastal residents and members of coastal tribes are eligible to participate in the fishery. Kodiak and Sitka, the largest communities eligible to participate in the fishery, accounted for almost half of the harvest by rural fishermen. The Sitka, Hoonah and Central Council of Tlingit Haida tribes recorded the highest harvest among tribes.

The survey asked specifically where fishermen caught their halibut, and how many lingcod and rockfish they harvested. Almost 15,000 rockfish were harvested, 67 percent of that catch coming in Southeast. Fishermen hooked 3,300 lingcod, half of them caught in Southeast.

Of fishermen using setline gear, more than 40 percent reported using 30 hooks, the regulatory limit; 20 percent used lines with 20 hooks. Twenty-two percent of respondents said they also fished under sportfish regulations in 2003.

Working under a contract for the National Marine Fisheries Service, the state Division of Subsistence sent the voluntary, mailed survey to 11,635 Alaskans who had registered to fish in 2003. Sixty-five percent of surveys were returned.

The survey will be continued in 2004 and 2005.                                                                                               

SC RAC Makes Recommendations on 6 Fisheries Proposals (10/22/04)

Meeting in Soldotna Oct. 12-13, the Southcentral Regional Advisory Council to the Federal Subsistence Board recommended adopting new restrictions on customary trade of salmon taken from the Copper River, but opposed similar restrictions on such cash exchanges in the Cook Inlet region. A summary of RAC actions on proposals to the Federal Subsistence Board follows. The Federal Subsistence Board will consider fisheries proposals at its Jan. 11 meeting in Anchorage.

Proposal #10 

To establish limits on amounts of customary trade allowed in the Cook Inlet Fisheries Management Area; the total cash value per household of salmon and other fish exchanged as customary trade between rural residents may not exceed $500 annually; the total cash value per household of salmon exchanged between rural residents and others may not exceed $400 annually; customary trade between rural residents and others must be recorded on a record-keeping form

Originator: Cooper Landing Fish and Game Advisory Committee 

Federal Staff Recommendation: Oppose

ADFG Recommendation: ADFG Recommendation: The state does not support customary trade of salmon where the customary trade nature and levels of trade have not been demonstrated in the regulatory record; given the adoption of such regulations by the Federal Subsistence Board, the state generally supports restrictions in the amount of fish or dollar values allowed to prevent abuse and commercialization. 

SCRAC Recommendation: Oppose 

Proposal #11

To establish the customary and traditional use of eulachon in the waters of the Bering River area from Point Martin to Cape Suckling by the residents of Cordova

Originator: Native Village of Eyak; Copper River/Prince William Sound Native Fisherman’s Association

Federal Staff Recommendation: Modify to add the residents of Chenega Bay and Tatitlek

ADFG Recommendation: Neutral

SCRAC Recommendation: Support (not adopt staff’s recommended modification)

Proposal #12

To establish the customary and traditional use of eulachon in the waters of the Copper River Delta from the Eyak River to Point Martin by residents of Cordova

Originator: Native Village of Eyak

Federal Staff Recommendation: Modify to add the residents of Chenega Bay and Tatitlek

ADFG Recommendation: Neutral

SCRAC Recommendation: Support as modified by federal staff recommendation

Proposal #13

To establish limits on amounts of customary trade allowed in the Upper Copper River District; the total number per household of salmon exchanged as customary trade between rural residents may not exceed 50 percent of annual harvest; customary trade between rural residents and others may not exceed 50 percent of annual household harvest, may not exceed more than $100 annually, and must be recorded on a record-keeping form; allow cash sale of salmon processed using customary and traditional methods

Originator: Ahtna, Copper River Native Association, Chitina Native Corporation

Federal Staff Recommendation: Support but modify to remove wording allowing cash sale of salmon processed using customary and traditional methods

ADFG Recommendation: The state does not support customary trade of salmon where the customary trade nature and levels of trade have not been demonstrated in the regulatory record; given the adoption of such regulations by the Federal Subsistence Board, the state generally supports restrictions in the amount of fish or dollar values allowed to prevent abuse and commercialization.

SCRAC Recommendation: Support but modify to include staff recommendation; increase dollar value of customary trade permitted between rural residents and others to $500; require record-keeping of all customary trade exchanges

Proposal #14

To revise the customary and traditional use determination for the Chitina Subdistrict of the Upper Copper River District to include Chickaloon

Originator: Chickaloon Village Traditional Council

Federal Staff Recommendation: Support

ADFG Recommendation: Neutral

SCRAC Recommendation: Support

Proposal #15

To revise the customary and traditional use determination for the Glenallen Subdistrict of the Upper Copper River District to include Chickaloon

Federal Staff Recommendation: Support

ADFG Recommendation: Neutral

SC Recommendation: Support

 

SE RAC Makes Recommendations on 15 Fisheries Proposals (10/22/04)

The Southeast Regional Advisory Council to the Federal Subsistence Board recommended against placing limits on subsistence chinook fishing in fresh waters of Southeast Alaska and for allowing federal subsistence fishermen to take both federal and state subsistence bag limits of fish in Southeast. Below is a summary of recommendations the Council made on regulatory proposals at its Oct. 27-30 meeting in Juneau. The Federal Subsistence Board will take final action on the proposals at its fisheries meeting, Jan. 11, 2005 in Anchorage.

Proposal # 16

To remove the requirement for a separate, federal fishing permit for federally qualified fishermen subsistence fishing for steelhead in the Situk and Ahrnklin rivers near Yakutat

Originator: Southeast Alaska Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Oppose 

ADFG Recommendation: Oppose 

SERAC Recommendation: Oppose

Proposal #17

To remove harvest reporting requirements and manager authority from fish harvest provisions that allow the taking of fish outside of open seasons or harvest limits for food in traditional or religious ceremonies

Originator: Wanda Culp, Hoonah 

Federal Staff Recommendation: Oppose

ADFG Recommendation: Oppose

SERAC Recommendation:  Modify current statewide regulation, creating a Southeast region regulation that allows federal managers to establish the number, species or place of taking only when necessary for conservation purposes.  Eliminate reporting requirement. 

Proposal #18

To allow subsistence fishing with a rod-and-reel within 300 feet of fish ladder, matching state sportfish regulations

Originator: Southeast Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Support modification to add language “unless posted by the USDA Forest Service”

ADFG Recommendation: Neutral

SERAC Recommendation: Support proposal, with modifications recommended by federal staff

Proposal #19

To limit subsistence fishing gear in Southeast Alaska to gaffs, spears, gillnets, beach seines, dip nets, cast nets, handlines and rod and reel

Originator: Southeast Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Support with modification to reflect the intent of proposal to apply to salmon, and allow all types of seines by removing the word “beach”

ADFG Recommendation: No position

SERAC Recommendation: Support proposal with federal modifications, but also adding the word “steelhead.” Final recommended wording: “Unless otherwise specified in this section, allowable gear in Southeast Alaska Area salmon and steelhead fisheries is restricted to: gaffs, spears, gillnets, seines, dip net, cast nets, handlines and rod and reel.”

Proposal #20

To allow use of a single, hand-held line for snagging salmon

Originator: Michael See, Hoonah

Federal Staff Recommendation: Modify proposal to explicitly allow handlines in Southeast Alaska coho fisheries (Handlines already permitted as allowable gear in other Southeast fisheries.) Add definition of snagging: “Snagging means hooking or attempting to hook fish elsewhere than in the mouth.”

ADFG Recommendation: Neutral

SERAC Recommendation: Support

Proposal #21

To allow Southeast Alaska federal subsistence fishermen to accumulate federal subsistence harvest limits with annual limits under State of Alaska sport fishing regulations

Originator: Southeast Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Remove second reference to read: “You may accumulate annual federal subsistence harvest limits authorized for Southeast Alaska with harvest limits authorized by State of Alaska sportfishing regulations.”

ADFG Recommendation: Support the proposal, with federal staff modifications

SERAC Recommendation: Support the proposal and modify to allow federal users to take federal and state subsistence harvest limits and state sportfish limits. Final language: “You may accumulate annual federal subsistence harvest limits authorized for Southeast Alaska with harvest limits authorized under State of Alaska sportfishing and subsistence regulations.”

Proposal #22

To restrict retention of incidentally caught fish to not exceed incidental catch limits under either sport fish, personal use or subsistence regulations, whichever is more liberal, allowed for that species, time and area. (Under current regulations, incidentally caught salmon, trout and char must be reported.)

Originator: Southeast Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Oppose 

ADFG Recommendation: Neutral

SERAC Recommendation: Oppose 

Proposal # 23

To close subsistence fishing for chinook salmon in waters under federal management, and set an incidental harvest limit of two chinook in Southeast 

Originator: Southeast Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Support and modify to allow harvest in specific areas (Stikine) Recommended language: “Unless otherwise specified, the subsistence fishery for Chinook salmon in the Southeast Alaska Area is closed. Unless otherwise specified, the incidental harvest limit of Chinook salmon is two fish in possession.”

AFDG Recommendation: Support

SERAC Recommendation: Oppose

Proposal #24

To establish harvest limits for sockeye salmon where not listed, deferring to state subsistence or personal use permits. If the stream system is not listed on a state permit, the sockeye possession limit is 10 and annual limit is 20 for that stream per household

Originator: Southeast Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Support 

ADFG Recommendation: Support

SERAC Recommendation: Support

Proposal #25

To establish no harvest limits on the harvest of pink and chum salmon

Originator: Southeast Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Support and modify to read, “Unless noted on the federal subsistence fishing permit, there are no harvest limits for the harvest of pink and chum salmon.”

ADFG Recommendation: Oppose

SERAC Recommendation: Support and modify to read, “Except where in regulations governing federal subsistence fishing permits, there are no harvest limits for the harvest of pink and chum salmon, unless clear conservation concerns require special in-season actions.”

Proposal #26

To remove the closure for non-federally qualified subsistence users at Kutlaku Lake

Originator: Alaska Department of Fish & Game

Federal Staff Recommendation: Support

ADFG Recommendation: Support

SERAC Recommendation: Oppose

Proposal #27

To remove annual harvest limit on coho in Southeast and remove prohibition on retaining incidentally caught trout and sockeye salmon

Originator: Southeast Regional Advisory Council/Federal Staff

Federal Staff Recommendation: Support

ADFG Recommendation: Oppose

SERAC Recommendation: Support

Proposal #28

To liberalize steelhead harvest regulations to establish 2 fish annual limit in Southeast Alaska, with no closed season or size limit

Originator: John Littlefield 

Federal Staff Recommendation: Support with modification to establish a season, March 1 through May 31

ADFG Recommendation: Oppose

SERAC Recommendation: Support with modification to establish season from Jan. 1 through May 31 

Proposal #29

To require a minimum size limit of 36 inches on steelhead harvested on Prince of Wales Island

Originator: William Welton, Thorne Bay

Federal Staff Recommendation: Oppose

ADFG Recommendation: Neutral

SERAC Recommendation: Oppose

Proposal #30

To allow increased harvest of Dolly Varden and trout throughout Southeast Alaska: Proposing for Dolly Varden, no harvest or size limits and no closed season; for cutthroat and rainbow trout, a daily harvest limit of six and a possession limit of 12 in combination, with no size limit or closed season; for brook trout and graylings, a daily harvest limit of 20 per day with a possession limit of 40, with no size limit or closed season; limit gear to a rod and reel without bait unless specifically permitted by state statute

Originator: John Littlefield

Federal Staff Recommendation: Support and modify thus: For Dolly Varden, establish a daily household harvest limit and possession limit of 20; for brook trout and grayling, establish a daily household and possession limits of 20.

ADFG Recommendation: Oppose

SERAC Recommendation:  Support as modified by Federal staff.

 

Council to Consider Changes to Subsistence Halibut Regulations (9/20/04)

The North Pacific Fishery Management Council will consider possible changes to subsistence halibut regulations when it meets in Sitka Oct. 4. The meeting begins 8 a.m. in Centennial Hall.

Agenda items include possible changes to subsistence halibut regulations including: 1) establishing a subsistence halibut possession limit, 2) revising the definition of charter vessels, 3) revising the $400 customary trade limit, 4) allowing fishing in non-subsistence areas under special permits, 5) revising the list of eligible subsistence halibut communities (to include Naukati and Port Tongass Village), and 6) revising halibut gear and annual limits for the Sitka Sound Local Area Management Plan (LAMP), and in Prince William Sound, Cook Inlet, and Kodiak Road Zone.

The Council’s Scientific and Statistical Committee will discuss subsistence halibut issues Monday, Oct. 4 at 8 a.m. The Council’s Advisory Panel will take up subsistence halibut issues beginning 8 a.m. Wednesday, Oct. 6. The full Council will consider subsistence halibut beginning 8 a.m. Saturday, Oct. 9.

Regional Councils Meet to Discuss Fish Proposals (9/13/04)

Councils that advise the Federal Subsistence Board in establishing fisheries regulations will meet this fall to consider proposals that would liberalize bag limits of steelhead and trout in Southeast Alaska, place limits on cash sales of salmon on the upper Copper River and establish subsistence use amounts of salmon on the Yukon River.

The proposals are among 30 suggested changes to federal subsistence fishing regulations. Ten Regional Advisory Councils (RACs) will meet in September and October to deliberate on the proposals and develop recommendations to the Federal Subsistence Board. Testimony from members of the public is welcome.

The Southcentral RAC also will hear a report on subsistence fish uses on the Kenai Peninsula and outline steps toward establishing new subsistence fishing regulations in the Cook Inlet region.

Council recommendations on regulatory proposals, along with scientific analysis from federal and state agencies, will be forwarded to the Board, which will take final action on the proposals at a meeting Jan. 11, 2005 at the Egan Convention Center in Anchorage.

Council meetings are: Southcentral, Oct. 12-13, Soldotna Sports Center, Soldotna; Southeast, Sept. 27-30, Tlingit-Haida Vo-Tech Building (Hospital Drive), Juneau; Kodiak-Aleutians, Oct. 5, King Cove Recreation Center, King Cove; Eastern Interior, Oct. 5-6, Redman Hall, Eagle; Bristol Bay, Sept. 27-28, Borough Assembly Chambers, Dillingham; Western Interior, Oct. 10-11, Anvik Community Hall, Anvik; Yukon-Kuskokwim Delta, Oct. 14-15, Long House Bethel Inn, Bethel; Northwest Arctic, Oct. 8, Nullagvik Hotel Meeting Room, Kotzebue; Seward Peninsula, Sept. 22-23, Aurora Inn Conference Room, Nome.

For more information on RAC meetings, including times and agendas, phone Maureen Clark at the federal Office of Subsistence Management, 907-786-3953, or toll-free at 1-800-478-1456. To see copies of federal subsistence fisheries proposals, go to the proposals page of UFA’s Subsistence Outreach website, http://www.subsistmgtinfo.org/prop.htm.

Stikine River Subsistence Fishery Nets 243 Sockeye (9/13/04)

Fishermen from Wrangell and Petersburg in July harvested almost 250 sockeye in the first subsistence fishery on the mainstem of the Stikine River in about 50 years.

U.S. Forest Service biologist Bob Larson said 243 sockeye were harvested during the month-long fishery, considerably lower than a guideline harvest limit of 600 reds. The incidental catch included 12 chinooks, 22 pinks, 11 chums, a steelhead and a Dolly Varden.

“There were a couple considerations specific to this year. This was the first year, so you had a learning curve going on. Some people didn’t know how to fish it. Plus, the river level was very high. As the water level rises, it gets hard to even find a place to fish,” Larson said.

The Forest Service issued 40 permits, split almost evenly between applicants from Wrangell and Petersburg. Most fishermen used setnets or driftnets in the silty river, with setnetters having more success, Larson said. No permit holders caught the household bag limit of 40 sockeye.

“Most people were just glad that this opportunity was there. I didn’t hear anybody complaining that this wasn’t a reasonable thing to do,” Larson said.

The U.S.-Canada Pacific Salmon Commission is expected to continue discussion of expanding the fishery to include harvest of up to 400 coho and 100 chinook salmon. Canadian members of the commission last winter balked at including those species in the harvest.

Larson said federal officials will continue to push for the expansion. “It’s such a small fishery. It’s really an inconsequential number in the scheme of things. Frankly, we don’t understand the resistance. Hopefully, this year’s fishery will demonstrate that this isn’t a concern,” Larson said.

 Regional Council Application Deadline: Jan. 2, 2005 (9/13/04)

The deadline for applying to serve on federal Regional Advisory Councils has been pushed forward almost two months. Alaska residents wishing to serve on the ten councils that advise the Federal Subsistence Board must file applications by Jan. 2, 2005.

The scheduling change is being made to allow more time for interviewing and researching candidates for seats on regional councils, said Ann Wilkinson, council coordinator for the Office of Subsistence Management.

Under the new schedule, appointments to RACs will be made between July and October, leaving ample time for meeting preparation and travel arrangements before appointees are seated on councils the following February.

Thirty-seven council seats will be filled by the 2005 appointments, and representatives of commercial and recreational uses of fish and wildlife are invited to apply.

For more information, or to receive a RAC application, contact Wilkinson at 907-786-3686 or 1-800-478-1456 or e-mail her at ann_wilkinson@fws.gov. Applications also are available by contacting UFA’s Subsistence Outreach office at 907-586-6822, toll-free from inside Alaska at 1-888-586-6822 or by e-mailing our office at aa@subsistmgtinfo.org .

 Comments on Subsistence Halibut Changes Due Aug. 9 (7/30/04)

Members of the public have until Aug. 9 to comment on proposed changes to subsistence halibut fishing rules in Alaska, including new harvest and gear restrictions for Southeast fishermen.        

The proposed rule, recommended by the North Pacific Fishery Management Council last October and published this month, is expected to be in place by the 2005 fishing season.

In Southeast Alaska, the proposed rule would limit subsistence harvest to 20 halibut per vessel daily and limit gear to 30 hooks per vessel. Current regulations allow each qualified fisherman to take 20 halibut per day and use 30 hooks. The restriction is aimed at concerns that halibut fishing effort has increased in the region.

The proposed rule establishes a community harvest permit that would allow designated individuals to fish for tribes or communities in Southeast under regulations more liberal than the proposed restrictions. The proposal also includes provisions to allow Alaska tribes to harvest up to 25 halibut for ceremonial or educational purposes.

In other areas of the state, the proposed rule would eliminate gear restrictions for subsistence halibut fishing in the Bering Sea, expand by 29 percent the area of a no-fishing zone in Cook Inlet, and prohibit longline fishing in an area south of Low Island near Sitka.

Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be mailed to P.O. Box 21668, Juneau, AK 99802, faxed to 907-586-7557 or e-mailed to SUBH-0648-AR88@noaa.gov.

E-mail comments should include the following identifier in the subject line: Subsistence Halibut RIN 0648-AR88. For more information, contact UFA Subsistence Outreach coordinator toll-free at 1-888-586-6822.

To see the proposed rule in the Federal Register, go online to http://www.fakr.noaa.gov/prules/fr41447.pdf. For general information about subsistence halibut fishing in Alaska, see the National Marine Fisheries Service webpage on the topic, http://www.fakr.noaa.gov/ram/subsistence/halibut.htm.

U.S. Won't Overturn Area M Decision by Board of Fish (6/9/04)

The federal government won’t intervene in state management of commercial fisheries around False Pass, U.S. Secretary of Interior Gale Norton announced June 1.

Subsistence fishermen from Western and Interior Alaska petitioned Norton to override a February decision by the state Board of Fish that tripled commercial fishing time near False Pass, an area also known as Area M. They said increased catches from the intercept fishery would jeopardize harvests of fish from runs in their areas that have been declining since the early 1990s.

Norton said it’s unlikely the state’s action would result in a failure by the federal government to provide the rural subsistence priority. “Neither the petitions, nor the testimony, nor the written commends provide substantial evidence for such extraordinary intervention,” she said.

But Norton acknowledged the impact of declining returns to subsistence users and sent a letter to the State of Alaska encouraging it to follow through with a pledge to closely monitor catches in the commercial fishery. She also supported future efforts by the state to determine the origin of catches in the intercept fishery.

“We stand ready to participate to the extent appropriate,” she said.

Four federal subsistence Regional Advisory Councils (RACs) representing Bristol Bay, the Yukon-Kuskokwim Delta, Eastern Interior and Western Interior supported intervention. The Kodiak-Aleutians RAC opposed it.

The Federal Subsistence Board doesn’t have authority to manage fisheries in the state’s marine waters, but the U.S. Secretaries of Interior and Agriculture can intervene through federal powers of “extraterritorial jurisdiction” when activities interfere with subsistence “to such extent as to result in a failure to provide the subsistence priority.”

The dispute marks the first time since the inception of federal management in the early 1990s that rural residents have petitioned the federal government on such grounds. Some commercial fishermen said the debate marked an ominous precedent for federal second-guessing of Board of Fish decisions.

Federal Subsistence Fisheries Proposals Out for Review (5/5/04)
Federal subsistence fishing proposals for 2005 would liberalize steelhead fishing throughout Southeast Alaska, change fishing “windows” on the Yukon and Kuskokwim rivers, and create new restrictions on cash sales of fish in Southcentral Alaska.

Other proposals include changing customary and traditional use determinations, relaxing restrictions on ceremonial use of fish and allowing snagging of subsistence fish in Southeast.

A total of 30 proposals have been submitted for consideration. Written public comments on proposals are due June 30. To see the proposals, go to the proposals page of UFA’s Subsistence website, http://www.subsistmgtinfo.org/prop.htm .

The proposals will be available in booklet form at the Office of Subsistence Management in May and will be posted at OSM’s website, http://alaska.fws.gov/asm/law.cfm?fp=1

John Littlefield, chair of the federal subsistence Southeast Regional Advisory Council, is proposing removing a current 36-inch minimum steelhead size for subsistence fishermen in place for all of Southeast except Prince of Wales Island. Fishermen would be limited to two steelhead per year. Littlefield also is proposing liberalized bag limits for subsistence-caught Dolly Varden, rainbow, cutthroat and brook trout in the region.

Proposals from the Association of Village Council Presidents would relax or lift “windowed” fish openings in the Yukon and Kuskokwim drainages whenever in-season indicators of run timing and strength permit.

Regional Native corporation Ahtna, Inc. has proposed limiting cash sales of subsistence salmon caught in the upper Copper River. Sales between rural residents and non-rural residents would be limited to $100 and require record-keeping. Sales between rural residents would be limited to 50 percent of a household’s annual harvest. The Cooper Landing Advisory Committee is proposing limiting sales in Cook Inlet to $500 between rural residents and $400 in sales between rural residents and others.

Federal Regional Advisory Councils (RACs) will review the ideas in the fall, and the Federal Subsistence Board will take action on them in December.

Comments on proposals may be sent to Bill Knauer, Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, 99503. Comments can be faxed to 907-786-3898 or e-mailed to subsistence@fws.gov .

NOAA Investigating Violations of Subsistence Halibut Regs (5/5/04)

Federal agents investigated eight suspected violations of subsistence halibut regulations in the fishery’s first six months, including an alleged sale of up to six tons of fish to a Seattle wholesaler.

NOAA Enforcement Officer Jeff Passer recently told the North Pacific Fishery Management Council the agency is investigating four reports of subsistence halibut entering commerce, including a report that four men from Southeast sold as much as 12,000 pounds to a Seattle buyer. Not all the fish in the transaction were halibut, Passer said.

He declined to provide more information, saying that the cases were still under investigation.

Subsistence halibut fishing started May 15, 2003. Regulations allow eligible fishermen to take up to 20 fish per day, and individual fishermen can receive up to $400 in cash annually to cover their expenses.

Sales and solicitation to sell halibut are prohibited under regulations for “customary trade,” established to allow fishermen to be compensated while fishing for others. But commercial fishermen and others are concerned that the generous bag limit, combined with the provision allowing for acceptance of cash, create an avenue for abuse. 

Agent Passer recently told the Council that his agency was surprised by the number of reports of violations and would be putting more emphasis on cracking down on violators.

Through December 2003, violations included allegedly taking subsistence halibut on a charter vessel, falsifying information on a subsistence halibut permit application, fishing in a non-subsistence area, and using illegal gear.

Norton Decision in Area M Dispute Expected by June (5/5/04)

Officials with the Office of Subsistence Management say they expect U.S. Interior Secretary Gale Norton to decide by June whether the federal government will intervene in the state’s recent action expanding fishing opportunity for commercial fishermen near False Pass, an fishery known as Area M.

Subsistence fishermen from Norton Sound, Bristol Bay, and the Yukon and Kuskokwim rivers have petitioned Secretary Norton to use federal powers of “extraterritorial jurisdiction” to reverse the recent state Board of Fish action they say will hurt subsistence fishing in their regions.

Sixty-nine individuals, including commercial and subsistence fishermen from Area M, testified at a Federal Subsistence Board hearing on the issue last week. The Board is expected to forward its recommendation to Norton soon.

Norton has said she’s disinclined to interfere with state management. The Federal Subsistence Board said intervention would require proof of a failure to provide rural Alaskans with a subsistence priority on federal waters and demonstration that state action was the direct cause of the failure.

Federal Board Taking Comment on 70-30 RAC Composition (4/19/04)

Public comments will be accepted through May 31 on a proposed rule reserving up to 30 percent of seats on federal subsistence Regional Advisory Councils (RACs) for commercial and sport users of fish and wildlife.

The Federal Subsistence Board adopted the “30 percent rule” in 2002, but a federal judge recently found that required procedures – including public notice and an opportunity for public comment – were not followed previous to adoption.

The proposed rule sets a goal that 70 percent of seats on each RAC be held by individuals representing subsistence interests. RACs advise the Federal Subsistence Board on federal subsistence regulations and policies.

The Board will accept testimony on the issue at its May 18-21 public meeting at the Millenium Hotel in Anchorage. Written comments can be e-mailed to subsistence@fws.gov, by fax at (907) 786-3898, or by mail to Federal Subsistence Board, Attn: Bill Knauer, Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, AK 99503.

For more information about the proposed rule, contact Bill Knauer at the Office of Subsistence Management at 1-800-478-1456 or 1-907-786-3888.        

Board to Hear Testimony on Federal Intervention in Area M (3/30/04)

The Federal Subsistence Board will hold a public meeting in Anchorage April 27 to take testimony on requests that the federal government intervene in management of the Area M commercial salmon fisheries.

The meeting begins 8:30 a.m. Tuesday, April 27 at the Egan Convention Center in Anchorage. To be included in meeting materials, written comments must be received by April 23 and can be mailed to Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, AK 99503. Comments can be faxed to OSM at 907-786-3898.

Several of the state’s 10 federal subsistence Regional Advisory Councils (RACs) are seeking intervention in response to February action by the Board of Fish to liberalize commercial fishing in Area M, which they say will hurt subsistence fisheries in Western Alaska and Bristol Bay.

The Western Interior, Eastern Interior, Bristol Bay and Yukon-Kuskokwim RACs and the Association of Village Council Presidents have protested the Board of Fish action. The Kodiak-Aleutians RAC unanimously supported the Board of Fish decision.

The Federal Subsistence Board doesn’t have authority to manage fisheries in the state’s marine waters, but the U.S. Secretaries of Interior and Agriculture can intervene through federal powers of extraterritorial jurisdiction.

Federal subsistence officials say use of such power is rare and would come only following proof of a failure to provide rural Alaskans with subsistence priority on federal lands and that actions outside of federal jurisdiction directly caused the failure. The Secretaries have asked the Federal Subsistence Board for a recommendation on the requests.

Norton Rejects Request for State Rep on Subsistence Board (3/5/04)

U.S. Secretary of Interior Gale Norton has turned down a request by Alaska. Gov. Frank Murkowksi to give the State of Alaska a non-voting seat on the Federal Subsistence Board.

Norton, however, will make official the state’s liaison to the Federal Subsistence Board, a position established by the secretarial decision creating the Board in 1992 but never formalized. Murkowski is expected to nominate a liaison in the coming months. His choice must be approved by the Secretary.

Since the inception of federal management in the early 1990s, state agency  representatives – typically Alaska Department of Fish and Game employees – have served as de facto liaisons to the Board.

Under Federal Subsistence Board meeting procedures adopted in December 2003, during discussions prior to a motion, the state liaison will be recognized by the chair when the liaison wants to ask questions, raise concerns, or provide additional information or clarification. After a motion is made, participation by the state liaison will be at the discretion of the Board and its chair.

Marianne See, assistant director of Federal Subsistence Coordination for ADFG, sees the formalized liaison position as a gain for the state. “This does shift interaction to a more significant role for the state. It provides a way to raise concerns during discussion. That, we think, will be of great assistance. We see this as an improvement.”

Chairmen of the 10 federal Regional Advisory Councils (RACs) to the Federal Subsistence Board also serve as liaisons to the Board. The Board is scheduled to meet May 18-21 at the Millennium Hotel in Anchorage to consider regulatory proposals concerning wildlife.

The six-member Federal Subsistence Board is comprised of an appointee of the Secretary of Interior plus one representative each from the U.S. Forest Service, National Park Service, U.S. Fish and Wildlife Service, Bureau of Indian Affairs and Bureau of Land Management.

Salmon Commission OKs Fishery on Mainstem of Stikine  (3/5/04)
Residents of Wrangell, Petersburg and Meyers Chuck will be eligible to subsistence fish for sockeye salmon on the mainstem of the Stikine River for one month this summer, the first such fishery on the U.S. side of the river in more than 50 years.

Meeting in February, the Pacific Salmon Commission approved a federal subsistence sockeye fishery from July 1 to July 31, with a guideline harvest level of 600 reds. Gear is limited to dipnets, spears, gaffs, rod and reel, beach seine or gillnet not exceeding 15 fathoms in length with a maximum mesh size of 5.5 inches. The annual limit is 40 sockeye per household.

The Commission, a U.S.-Canada authority governing fisheries on transboundary rivers, agreed the sockeye harvest will part of the existing U.S. allocation. Weekly reporting of catches will be required.

Coho and chinook fishing on the Stikine still await approval by the Commission, which tentatively scheduled an additional negotiating session in the spring to continue deliberations on abundance-based management of the river’s chinook stocks. Protocol requires that abundance-based management of stocks be in place before establishment of new fisheries.

Resumption of subsistence fishing on the Stikine has been pursued by Wrangell residents and was endorsed last December by the Federal Subsistence Board, which approved a harvest of 1,125 salmon, including 400 coho and 125 chinook. See story, "FSB Establishes New Fisheries, Limits Some Cash Sales," below.

Subsistence Halibut Harvest Surveys Due March 31 (2/12/04) 

Federal regulators are urging subsistence halibut fishermen to complete and return harvest surveys by March 31.

The one-page forms have been mailed to the 11,000 subsistence halibut permit holders statewide and will be critical to future decisions about the new fishery, said Jay Ginter, supervisor of Sustainable Fisheries Operations at the National Marine Fisheries Service.

“This is about the only way we’re going to figure out how many fish have been taken by the subsistence harvesters. It will give us an estimate – or at least a guesstimate – of what the harvest is,” Ginter said. It may also help settle speculation about the fishery established May 15.

NMFS projected the subsistence catch would be lower than the statewide sport catch of halibut and a fraction of the commercial harvest.

The surveys are being conducted by the state Division of Subsistence, under contract to NMFS, using methodology similar to the state’s for determining harvest of sport fish. The state has recognized expertise in subsistence research, Ginter said. Results of the survey are expected to be made public by July.

About 88,000 Alaskans are eligible for subsistence halibut fishing, including residents of 118 rural coastal communities and members of 123 Alaska Native tribes with customary and traditional uses of halibut.

The North Pacific Fishery Management Council, a state and federal decision-making body that developed the subsistence halibut regulations, will review harvest data and consider regulation changes when it meets in October 2004. Topics it may revisit include gear and bag limits in Cook Inlet and Prince William Sound and the enforceability of a $400 annual limit on customary trade of halibut.

Statewide subsistence halibut regulations adopted in 2003 allow individual fishermen to receive up to $400 annually as compensation for fishing for others. But without a requirement to document receipt of cash, enforcement officials say there may be no way to prevent abuses of the allowance.

The statewide regulations also allow a fisherman to use 30 hooks and to take 20 halibut per day. The council may put further restrictions on gear and bag limits in Cook Inlet as it has in Southeast Alaska.

Proposed separate, regional regulations for Southeast would limit the number of hooks to 30 per vessel and lower the daily harvest limit to 20 halibut per vessel. The Southeast rules are part of a package of regional modifications including closing most of Cook Inlet to fishing, prohibiting longline fishing a four-mile radius of Low Island south of Sitka and establishing a community harvest program.

Regional modifications will be forwarded to the Secretary of Interior soon and are expected to be published in the Federal Register in early April, triggering a 30-day public comment period. The regulations may be effective by the middle of summer.

For more information about subsistence halibut regulations in Alaska, including eligibility, closed waters and frequently asked questions, go to the subsistence halibut page of the NMFS website, http://www.fakr.noaa.gov/ram/subsistence/halibut.htm  or visit the subsistence halibut page of this website at www.subsistmgtinfo.org/hal.htm.

Federal Fisheries Proposals for 2005 Due March 26  (1/9/04)   

Individuals or groups interested in making changes to federal subsistence fishing regulations can file proposals through March 26, 2004.

Alaska residents or non-residents can make proposals aimed at changing season dates, harvest limits, methods and means, customary and traditional use determinations, rural determinations, methods of collecting harvest data, restrictions on possession, transportation and uses of fish, and permit requirements. Federal Regional Advisory Councils (RACs), state Fish and Game Advisory  Committees and other organizations can also submit proposals.

Proposal forms are printed in the federal subsistence regulations booklet and are available through the Office of Subsistence Management, 1-800-478-1456, or 1-907-786-3888. They’re also available by contacting UFA’s subsistence outreach program at 1-888-586-6822.

About 40 proposals are submitted each year. Proposals in 2003 led to the first regional restriction of a statewide regulation allowing for cash sales of subsistence-caught fish by rural residents and expansion of federal subsistence fishing opportunities on Prince of Wales Island to all island residents. Other proposals led to approval of subsistence salmon fishing on the Stikine River and expansion of subsistence steelhead fishing to Kozciusko Island in Southeast.

Unlike the State of Alaska’s Board of Fish process, proposals for changing subsistence fishing regulations in all areas of Alaska are considered each year by the Federal Subsistence Board.

Proposals made to the Federal Subsistence Board by the March 26 deadline will be published in the annual fisheries proposals booklet, a compilation of proposals statewide that is distributed for review by members of the public, agency staff and federal decision makers.

Following comment from the public and the State of Alaska, fisheries proposals go to federal Regional Advisory Councils each fall for review and council recommendation, then forwarded to the Federal Subsistence Board for final action.

Approved proposals become regulations each March. Prior to action by the Federal Subsistence Board, proposals are reviewed by federal staff.

FSB Establishes New Fisheries, Limits Some Cash Sales (1/9/04)

At its December 2003 meeting, the Federal Subsistence Board established a new subsistence fishery on the mainstem of the Stikine River, expanded subsistence fishing opportunities on Prince of Wales Island, and approved new limits on cash sales of salmon in the Bristol Bay region.

The Board rejected proposals to prohibit cash sales of subsistence-caught salmon from the Kenai Peninsula and to place new limits and reporting requirements on a subsistence steelhead fishery on Prince of Wales.

On the Stikine, up to 1,125 salmon would be harvested, with an annual family limit of 40 sockeye. Residents of Wrangell, Petersburg, Meyer’s Chuck and nearby lands would be eligible to participate. Allowable gear would include dipnets, spears, gaffs, rod and reel, beach seine and gillnets.

The fishery on the transboundary river, sought for several years by subsistence users, awaits approval by the Pacific Salmon Commission. “This is long in coming and fits in our parameters for traditional subsistence use,” said Denny Bschor, who represents the U.S. Forest Service on the Federal Subsistence Board. Commission member Dave Bedford of the Alaska Department of Fish and Game said he’d push for establishment of the fishery when the U.S.-Canada commission meets in February.

Federal staff expect participation in the new fishery will be low because only a few residents know how to catch fish in the fast-moving river. Southeast Regional Advisory Council chair John Littlefield called the fishery a “conservative proposal,” noting the subsistence harvest limit is a fraction of the estimated 400,000 salmon that return to the Stikine each year.

Protocol, including that management plans be in place before creation of new fisheries, has delayed approval of the fishery by the U.S.-Canada commission. The Pacific Salmon Commission is expected to revisit the issue when it meets Feb. 9.

The proposal – as endorsed in October by the Southeast Regional Advisory Council – limited subsistence fishing on the Stikine to Wrangell residents. The Board added eligibility for Petersburg and Meyers Chuck after receiving 10 letters of protest from Petersburg, including one from the Petersburg Indian Association.

In approving stricter limits on cash sales of fish in the Bristol Bay region, the Board created the first regional modification of the statewide cash sale regulation it adopted in January 2003. That regulation allows rural residents to sell subsistence fish caught on federal waters, but prohibits sales to businesses.

The new regulation, drafted by the Bristol Bay federal subsistence Regional Advisory Council, limits sales between rural residents to $500 per household annually and to $400 per household for sales to non-rural residents. Fishermen selling fish to  individuals who are not rural residents will be required to keep records of such sales.

Federal staff estimate only 20 percent of the region’s subsistence harvest comes from federal waters and are eligible to be sold under federal rules for cash sales. But this distinction – and other parts of the regulation that don’t exempt users from meeting state health regulations for processed fish – could cause confusion among subsistence users, according to federal staffers.

“There could easily be further confusion among users as to what is expected of them… Current customary trade regulation is challenging to effectively communicate. There will need to be a focused outreach effort associated with implementation of the additional regulations to avoid further confusing this complex area of regulation,” staff members wrote to the Federal Subsistence Board.

An enforcement agent at the meeting said individuals, not households, should be accountable for sales, and immediate recording of sales should be required. The change will require coordination between the State of Alaska – which records subsistence catches – and the federal Office of Subsistence Management, which will keep figures on sales.

In rejecting a proposal from the Cooper Landing Fish and Game Advisory Committee that would prohibit sales of subsistence salmon caught on the Kenai Peninsula, the Board agreed with the Southcentral Regional Advisory Council (RAC). The RAC opposed it on the grounds that the new statewide regulation on cash sales had not been in place long enough to determine that it needed modification.

Said Southcentral RAC chair Ralph Lohse: “If you have a problem, bring it to us and we’ll work on it, but don’t bring us a potential problem. It’s hard to work on a problem that’s not there.”

Similarly, the Board rejected a proposal from a Kaltag resident to prohibit sales of Yukon River salmon designated a “stock of concern” by the State of Alaska. The river’s fall king and chum salmon stocks got that designation in 2000.

Three RACs whose jurisdiction encompasses the Yukon opposed the proposal.Eastern Interior RAC chair Gerald Nicholia said the restriction would hurt subsistence users by limiting cash available to pay for gas and other subsistence equipment.

Board member Gary Edwards said restricting sales before restricting other users of the resource would be a violation of federal subsistence law.

In addition to its action on the Stikine in Southeast, the Board also determined that residents of Petersburg, Wrangell, Kake and Meyers Chuck have customary and traditional uses of waters flowing into fishing districts 7 and 8.

The Board also turned down several proposals to limit a new subsistence steelhead fishery on Prince of Wales, the first regulations in Southeast in about 10 years that allow steelhead smaller than 36 inches to be taken. The State of Alaska supported a proposal to require monthly reporting of steelhead harvest, and to monitor harvest on a stream-by-stream basis.

Board member and regional forester Denny Bschor, however, said the Board agreed to try regulations established in 2002 for two years before making changes. “We haven’t seen a conservation reason to support (monthly reporting). We really need to know what’s happening with steelhead in the commercial and sportfishery before we can have a meaningful discussion of steelhead.”

In accordance with the unanimous recommendation of three advisory councils that share jurisdiction along the Yukon River, the Board rejected three proposals to put new restrictions on commercial fishermen in the river.

The Board deliberated at length but rejected on a 5-1 vote a proposal that would expand drift gillnet fishing on the Yukon east of Galena to the Yuki River. Many Galena residents wrote in support of the change, also supported by the Western Interior Regional Advisory Council. However, the Eastern Interior and Yukon-Kuskokwim RACs opposed the gear change, saying it would hurt stocks. Board chair Mitch Demientieff cast the lone vote in support. Drift gillnets have been prohibited on the section of river for 27 years.

The Board also modified a statewide regulation that prohibits federal subsistence fishermen from also taking a state sportfish bag limit. The modification allows federal fishermen on the Copper River upstream from Haley Creek to accumulate subsistence and sportfish harvest limits for salmon.

The Southcentral RAC supported the modification on the grounds that federal subsistence fishermen were being denied an opportunity granted to state subsistence fishermen.

The Board also:

 -- Expanded the Prince of Wales Island steelhead fishery to nearby Kozciusko Island, over the objections of the State of Alaska, which argued fishing there would jeopardize four small stocks.

 -- Extended customary and traditional uses of salmon and freshwater fish in the Chitina Subdistrict to the communities of Paxson and Sourdough.

 -- Deferred action on a proposal by the Association of Village Council Presidents to prohibit sales of salmon to non-rural residents in areas of western Alaska.

 -- Expanded subsistence fishing opportunities on Prince of Wales Island to all island residents. The decision is a broadening of subsistence fishing opportunities from state regulation, which limited subsistence fishing to residents of Craig, Klawock, Kasaan and Hydaburg. It's technically a narrowing of eligibility under federal rules under which previously all rural residents of Alaska were eligible.

Regulation changes adopted by the Board become effective March 1, 2004.

Travel Money Available for Attending RAC Meetings (1/9/04)

Money is available to send members of Fish and Game advisory committees to meetings of federal subsistence Regional Advisory Councils (RACs). The Fish and Wildlife Service made $47,500 available for such travel in the year that ends February 2004. The State of Alaska has requested a comparable amount to be available in the coming year.

The funding program is only a few years old and word is still getting out, said Diana Cote, executive director of the state Boards of Fisheries and Game. “It’s taken a little while to get it going, but advisory committees have definitely taken advantage of it, particularly up north where there’s a lot of public land.”

The purpose of the funding is to help advisory committee members address specific federal subsistence proposals and local subsistence issues. Advisory committee representatives may present their committee’s recommendations to the councils, as well as other information on local subsistence resources, uses, and practices, as the councils may request.

RAC meetings typically are held in rural communities, including ones off the road system accessible only by plane. For more information on the funding, contact ADFG’s Diana Cote at 907-465-6095.

Board Approves Studies of Depressed Stocks, Cash Sales (1/9/04)

The Federal Subsistence Board approved funding of 66 fisheries resource monitoring projects in December 2003, including studies of historical cash sales of subsistence fish in three regions of Alaska.

The studies of “customary trade” of fish on the Seward Peninsula, Bristol Bay and Seward Peninsula are to provide background information to the Board for possible changes in the statewide regulation governing cash sales. The Board allowed for regional modifications when it adopted the statewide rule on customary trade in January 2003.

Statewide, projects will cost $6 million and address areas of concern, including Afognak Lake, where a declining sockeye population has closed subsistence fishing the past two years. John Reft, vice-chair of the Shoonaq Tribe of Kodiak, told the Board that seven island villages depend on fish from the system. “You can’t believe what it’s like for them to lose that system. It’s really hard on them,” Reft said.

The Board agreed to spend up to $53,700 in the coming year to study historic sockeye production in the lake and estimate smolt out-migration. The study would continue into 2005 and 2006, with results aimed at restoring or stabilizing the red run.

Almost half of the projects are aimed at the Yukon and Kuskokwim drainages, where subsistence fishing has been restricted in recent years due to declining runs. Projects in those drainages include a chinook scale sampling program at Kaltag, sonar counts of fall chum on the Chandalar River, and in-season harvest data collection in Bethel. “Having information to better manage those fisheries is a big plus,” said Steve Klein, chief of the Office of Subsistence Management’s Fisheries Information Division.

Southcentral projects include escapement studies in Long Lake and Tanada Creek and an assessment of chinook salmon abundance in the Copper River. In Southeast, projects are aimed at assessing stocks in 10 sockeye lakes important to subsistence users, including Klawock, Kanalku, Sitkoh, Hetta , Eek, Falls, Gut Bay, Kutlak, Salmon and Klag.

In northern and northwest Alaska, species to be studied in the coming year include local populations of inconnu, whitefish and Dolly Varden.

Projects funded by the 2004 Fisheries Resource Monitorin Plan are carried out by 47 organizations, including the state and federal governments, tribal organizations, universities and others.

For more details, see the federal resource monitoring project page of the Office of Subsistence Management website, http://alaska.fws.gov/asm/fisindex.cfm

OSM Announces New RAC Appointments (11/26/03)
The Office of Subsistence Management has made 31 appointments to federal subsistence Regional Advisory Councils in Alaska.

Twenty-one of those appointed are new members; 10 are current members who were reappointed.
The appointments are the first ones made under a new configuration for RACs that requires that each council have 30 percent representation by non-subsistence consumptive users of fish and wildlife, such as commercial and sportfishermen, outfitters and guides.

OSM has until 2006 to reach the 30 percent configuration for RACs. Appointments to RACs are made by the Secretary of Interior, with agreement from the Secretary of Agriculture. Roughly one-third of all RAC seats come open for appointment each year.

The deadline for filing for RAC seats in 2004 is Feb. 6. For more information, contact Ann Wilkinson at the Office of Subsistence Management, 1-800-478-1456.

List of November 2004 RAC Appointees

Region 1 - Southeast Alaska
Bert Adams, Yakutat
Michael D. Bangs, Petersburg (new member)
Michael Douville, Craig
Dolores A. Garza, Ketchikan (reappointed)
Donald C. Hernandez, Pt. Baker
Eric W. Jordan, Sitka (new member)
Harvey Kitka, Sitka
Floyd Kookesh, Angoon
John H. Littlefield, Sitka (reappointed)
Patricia A. Phillips, Pelican
Mary Rudolph, Hoonah
Michael C. Soufoulis, Juneau (new member)
Richard Stokes, Wrangell

Region 2 - Southcentral Alaska
Douglas Blossom, Clam Gulch (new member)
Tom M. Carpenter, Cordova (new member)
Robert Churchill, Anchorage
Gilbert Dementi, Cantwell
Fred Elvsaas, Seldovia
R. Greg Encelewski, Ninilchik (new member)
Sylvia Lange, Cordova
Ralph E. Lohse, McCarthy (reappointed)
Harley B. McMahan, Gakona (new member)
James R. Showalter, Sterling (new member)
Gloria Stickwan, Tazlina (new member)
Susan Wells, Kenai
Dean L. Wilson, Jr., Kenny Lake (new member)

Region 3 - Kodiak/Aleutian Islands
Alfred B. Cratty, Jr., Old Harbor
Paul Gundersen, Nelson Lagoon (reappointed)
John Foster, Sand Point
Patrick Holmes, Kodiak
Ivan Lukin, Port Lions
Pete Squartsoff, Port Lions
Speridon Simeonoff, Sr., Akhiok (reappointed)
Della Trumble, King Cove (reappointed)
Vincent M. Tutiakoff, Sr., Adak
Richard Zacharof, Jr., St. Paul (reappointed)

Region 4 - Bristol Bay Alaska
Peter M. Abraham, Togiak
Virginia Aleck, Chignik Lake (new member)
Randy C. Alvarez, Naknek (new member)
Andrew Balluta, Iliamna
Dan O. Dunaway, Dillingham (new member)
Robert Heyano, Dillingham
Boris Kosbruk, Perryville
Daniel J. O'Hara, Naknek
Nanci A. Morris, King Salmon, (new member)
Robin Samuelsen, Jr., Dillingham (reappointed)

Region 5 - Yukon-Kuskokwim Delta
Bob Aloysius, Kalskag (new member)
Nick Andrew, Sr., Marshall
Mary Gregory, Bethel
John Hanson, Sr., Alakanuk
Beverly Hoffman, Bethel (new member)
Joseph P. Mike, Kotlik (new member)
Phillip Moses, Toksook Bay
Robert Nick, Nunapitchuk
Ray Oney, Alakanuk
Karl P. Powers, Bethel (new member)
Greg J. Roczicka, Bethel (new member)
John Thompson,Sr.,St. Marys (alternate)
Harry O. Wilde, Sr., Mountain Village
Lester Wilde, Hooper Bay

Region 6 - Western Interior Alaska
Raymond L. Collins, McGrath
Benedict Jones, Koyukuk (reappointed)
Tom Kriska, Koyukuk (new member)
Carl M. Morgan, Aniak (reappointed)
Emmitt Peters, Ruby
Jack L. Reakoff, Wiseman
Ronald Sam, Allakaket
George Siavelis, Aniak (new member)
Michael Stickman, Nulato
Robert Walker, Anvik

Region 7 - Seward Peninsula Alaska
Peter G. Buck, White Mountain
Grace A. Cross, Nome
Thomas Gray, White Mountain (new member)
Vance E. Grishkowsky, Unalakleet (new member)
William Johnson, Unalakleet
Leonard Kobuk, St. Michael
Jacob Olanna, Sr., Nome
Charles Saccheus, Sr., Elim (new member)
Myron Savetilik, Shaktoolik
Elmer K. Seetot, Jr., Brevig Mission (reappointed)

Region 8 - Northwest Arctic Alaska
Joseph J. Arey, Noatak (new member)
Percy C. Ballot, Sr., Buckland
Lance Kramer, Kotzebue
Lillian Johnson, Ambler
Calvin Moto, Deering (reappointed)
Walter Sampson, Kotzebue
Enoch Shiedt, Kotzebue (reappointed)
Raymond Stoney, Kiana
Austin Swan, Sr., Kivalina (new member)
NewCVacant Seat

Region 9 - Eastern Interior Alaska

Andrew Bassich, Eagle
Sue Entsminger, Tok Cutoff
Craig L. Fleener, Fort Yukon (new member)
Gerald D. Nicholia, Tanana (reappointed)
Allen Stevens, Stevens Village
Philip Titus, Minto
Virgil Umphenour, North Pole (reappointed)
Tricia Waggoner, Tok
Jim Wilde, Central
Larry Williams, Venetie (reappointed)

Region 10 - North Slope Alaska
Amos Agnasagga, Point Lay
Rosemary Ahtuangaruak, Nuiqsut (reappointed)
Paul Bodfish Sr., Atqasuk
Gordon Brower Sr., Barrow (reappointed)
Harry K. Brower, Jr., Barrow
Ray F. Koonuk, Sr., Point Hope (reappointed)
Raymond Paneak, Anaktuvuk Pass
Michael Patkotak, Barrow (reappointed)
Terry L. Tagarook, Wainwright
Peter Earl Williams, Anaktuvuk Pass

 

Decision on Changing Subsistence Board Expected Soon (11/18/03)
The U.S. Secretaries of Interior and Agriculture are expected to decide by December on a request by the State of Alaska for a non-voting member on the Federal Subsistence Board.

The state made its case for the change at a Nov. 5 work session before the Board and chairs of federal Regional Advisory Councils (RACs) in Anchorage.

An enhanced role, including questioning witnesses and participating in Board deliberation, would allow the state to fully explain information it submits to the Board and ensure correct interpretation of information, said Wayne Regelin, Deputy Commissioner of the Alaska Department of Fish and Game.

Regelin acknowledged the state has been permitted to submit technical information to the Board through liaisons, but said it would like to have policy-level representatives involved in discussions. “We’ve had the opportunity to participate at the technical level, but at times we’ve been frustrated when the Federal Subsistence Board goes down a different path, one we did not expect, and we’ve had no opportunity to interject at that point.”

On July 17, Alaska Gov. Frank Murkowski sent a written request to Interior secretary Gale Norton that the Commissioner of Fish and Game be granted a non-voting seat on the Board, saying the change would bring better decisions. “Most decisions made by the Federal Subsistence Board are based on biological and harvest data largely collected, analyzed, and summarized by Alaska Department of Fish and Game staff.”

RAC chairs at the Nov. 5 meeting were unanimously opposed to the idea. Jon Littlefield, chair of the Southeast RAC, said although federal subsistence law gives deference to council opinions, the testimony of Fish and Game liaisons often have greater influence on the Board. “RACs need to be on equal footing with the ADFG liaison. We don’t believe we’re on equal footing now.”

Native rights attorney Heather Kendall Miller said adding the state to the Board would be inconsistent with subsistence law as outlined in Title 8 of the Alaska National Interest Lands Conservation Act (ANILCA).

Currently, the State of Alaska uses different representatives from with the Department of Fish and Game as “liaisons” to Federal Subsistence Board.

The 1992 Record of Decision establishing the federal subsistence program says “10 regional liaisons and a liaison from the State of Alaska would be consultants to the Board.” Under the Decision, the state liaison would be nominated by the Alaska’s governor and appointed by the Secretary of Interior with concurrence of the Secretary of Agriculture.


Regional Council Action on 2003 Fisheries Proposals (10/29/03)
Regional Advisory Councils considered 40 proposals to change federal subsistence fishing regulations at recent meetings. The proposals, including regional council recommendations, will be forwarded to the Federal Subsistence Board for action at its Dec. 9 -11 meeting. The meeting will be held at the Egan Convention Center in Anchorage.

Proposal #1 – Close federal sections of the Unalakleet River to guided sportfishing during summer months
Action: Withdrawn by proponent

Proposal #2 – Prohibit customary trade of salmon from the Yukon River when there is a designation of “stock of concern”
Action: Eastern Interior, Western Interior and Yukon-Kuskokwim RACs, oppose

Proposal #3 – Eliminate “eggs” from customary trade language and clarify that section 13 sales prohibitions don’t apply to limited entry and crew license permit holders
Action: Western Interior and Yukon-Kuskokwim RACs, oppose; Eastern Interior RAC, support

Proposal #4 – Prohibit sale of Lower Yukon and Kuskokwim River salmon to non-rural residents
Action: Western Interior, Eastern Interior and Yukon-Kuskokwim RACs, table

Proposal #5 – Expand the drift gillnet fishery area to include portion of subdistricts 4B and 4C
Action: Yukon-Kuskokwim, Eastern Interior RACs, oppose; Western Interior RAC, support with modification

Proposal #6 – Reduce the 3-inch gillnet restriction in Birch Creek to summer months only
Action: Eastern Interior RAC, support

Proposal #7 – Identical to Proposal #6
Action: Eastern Interior RAC, no action

Proposal #8 – Close federal waters of the Yukon River drainage to any commercial harvest for six years
Action: Yukon-Kuskokwim, Eastern Interior and Western Interior RACs, oppose

Proposal #9 – Reduce fishing openings in districts 1, 2 and 3 of the Yukon River to no more than two 18-hour periods per week
Action: Yukon-Kuskokwim, Eastern Interior and Western Interior RACs, oppose

Proposal #10 – Close federal waters of the Yukon River drainage when chinook harvest exceeds 65,000 or chum harvest exceeds 80,000
Action: Yukon-Kuskokwim, Eastern Interior and Western Interior RACs, oppose

Proposal #11 -- Remove subsistence restrictions in Yukon River districts 1-4 linked to commercial openings
Action: Yukon-Kuskokwim, Eastern Interior and Western Interior RACs, oppose

Proposal #12 – Remove red color restriction for kegs and buoys in Yukon River districts 1-3
Action: Yukon-Kuskokwim, Eastern Interior and Western Interior RACs, support

Proposal #13 – Repeal 35-mesh depth restriction on nets with six-inch mesh or larger in the Kuskokwim region
Action: Yukon-Kuskokwim RAC, support; Western Interior RAC, oppose

Proposal #14 – Revise customary and traditional use determinations for halibut, herring and herring roe on kelp
Action: Bristol Bay RAC, defer

Proposal #15 – Revise customary and traditional use determinations by limiting use of salmon and freshwater fish in Egegik and Ugashik districts to residents of each district, respectively
Action: Bristol Bay RAC, support, with modifications

Proposal #16 – Establish regional modifications to statewide customary trade regulation, limiting annual per household sales among rural residents to $500 and sales to non-residents to $400
Action: Bristol Bay RAC, support, with modifications

Proposal #17 – Close the Ungalikthluk and Negukthlik rivers during the spring spawning season
Action: withdrawn by proponent

Proposal #18 – Prohibit sale of Kenai Peninsula salmon
Action: Southcentral RAC, oppose

Proposal #19 – Revise customary and traditional use determination for salmon to include Paxson
Action: Southcentral RAC, support

Proposal #20 – Revise customary and traditional use determination for freshwater fish to include Paxson
Action: Southcentral RAC, support

Proposal #21 – Allow accumulation of harvest limits in the Copper River drainage upstream from Haley Creek
Action: Southcentral RAC, support

Proposal #22 – Remove the requirement for villages operating fish wheels in the Prince William Sound area to provide a harvest assessment plan
Action: Southcentral RAc, support

Proposal #23 – Revise customary and traditional use determination in District 2 to include Hollis
Action: Southeast RAC, no action

Proposal #24 – Revise customary and traditional use determination in Districts 2,3,5 and 6 to include Prince of Wales and Edna Bay
Action: Southeast RAC, no action

Proposal #25 – Revise customary and traditional use determination for Prince of Wales communities to include northern POW communities
Action: Southeast RAC, no action

Proposal #26 – Revise customary and traditional use determination for northern Prince of Wales steelhead fishing to include northern POW communities; close federal waters to other users
Action: Southeast RAC, no action

Proposal #27 – Revise customary and traditional use determination for eastern Prince of Wales steelhead fishing to include eastern POW communities; close federal waters to others
Action: Southeast RAC, no action.

NOTE: Regarding customary and traditional use of fish on Prince of Wales Island, the Southeast RAC supported a federal staff recommendation that all residents of Prince of Wales island had customary and traditional use of salmon, Dolly Varden, trout, smelt and eulachon.

Proposal #28 – Revise customary and traditional use determination for salmon, Dolly Varden, trout, smelt and eulachon in Districts 6 and 7 to include Petersburg, Kake and Wrangell Action: Southeast RAC, support with modification to add Meyers Chuck

Proposal #29 – Revise customary and traditional use determination for salmon, Dolly Varden, trout, smelt and eulachon in District 8, including the Stikine River, to include Petersburg, Kake and Wrangell
Action: Southeast RAC, support with modification, removing Petersburg and Kake, and deleting Dolly Varden, trout, smelt and eulachon

Proposal #30 – Revise wording in various sections to clarify and/or align federal regulations with state regulations
Action: Withdrawn by proponent

Proposal #31 – Require weekly reporting of subsistence harvest of Prince of Wales steelhead
Action: Southeast RAC, oppose

Proposal #32 – Require monthly reporting and monthly permits for Prince of Wales steelhead permits
Action: Southeast RAC, oppose

Proposal #33 – Include Kosciusko Island in Prince of Wales steelhead fishery regulations
Action: Southeast RAC, support

Proposal #34 – Require removal of pelvic fins on subsistence-caught trout and char; prohibit possession of sport and
subsistence-taken fish on the same day
Action: Southeast RAC, oppose

Proposal #35 – Require minimum size and harvest method restrictions for steelhead on fall run streams
Action: Southeast RAC, oppose

Proposal #36 – Require minimum size, harvest method and harvest limit restriction for steelhead on all small-run streams
Action: Southeast RAC, oppose

Proposal #37 – Require minimum size and harvest limit for steelhead on Prince of Wales
Action: Southeast RAC, oppose

Proposal #38 – Require spears used in Prince of Wales steelhead fishery to be barbed
Action: Southeast RAC, oppose

Proposal #39 – Restrict use of spears to a portion of District 3
Action: Southeast RAC, oppose

Proposal #40 – Establish seasons, harvest limits and methods for chinook, sockeye and coho salmon on the Stikine River
Action: Southeast RAC, support

NPFMC Turns Down  Ninilchik Eligibility, Eases Some Rules (10/23/03)
At its October 2003 meeting, the North Pacific Fishery Management Council turned down requests by Ninilchik and neighboring Happy Valley to be included in community eligibility for subsistence halibut, and removed from proposed regional modifications gear and bag limits in some fishing districts.

Regional modifications are expected to be forwarded to the U.S. Secretary of Commerce for approval in early 2004.

The Council deferred questions about enforceability of cash sales restrictions, exceptions to a prohibition on fishing in non-subsistence areas, and imposing subsistence halibut possession limits. Those topics will be reconsidered at a Council meeting set for October 2004.

In rejecting Ninilchik community eligibility for the fishery, the Council reaffirmed its use of state, rather than federal, eligibility criteria and adopted the state Board of Fish appeals process to be used for other communities seeking eligibility. (The decision also does not affect eligibility for Ninilchik tribal members.)

In revising regional modifications, the Council dropped specific gear and bag limits for Cook Inlet, Prince William Sound and Kodiak Road Zone, but kept a proposal to shift south the area closed to fishing in Cook Inlet. The Council also dropped previously proposed gear and bag limits in Sitka Sound, while keeping a proposed longline closure south of Low Island. Area-specific gear and bag limits for area 2C (Southeast Alaska) were retained.

The Council dropped the modifications due in part to an apparent conflict with state subsistence fishing regulations in the Gulf of Mexico, but it expressed intent to revisit those area-specific limits in the future, in conjunction with development of a community harvest permit program.

For more information on the subsistence halibut discussion at the October 2003 Council meeting, see the halibut page of this website http://www.subsistmgtinfo.org/hal.htm .

For more about the subsistence halibut fishery, including a list of subsistence halibut permit holders and maps of non-subsistence areas, go to the National Marine Fishery Service subsistence halibut webpage at http://www.fakr.noaa.gov/ram/subsistence/halibut.htm .

Board to Meet Nov. 5 to Consider Adding ADFG as Member (10/20/03)
The Federal Subsistence Board will hold a public work session Wednesday, Nov. 5 in Anchorage to discuss adding a representative of the State of Alaska as a non-voting member of the Board. The session starts 1 p.m. in the Egan Convention Center, lower level.

The 1992 Record of Decision that established the federal subsistence management program called for a state liaison to the Board appointed by the Secretary of Interior. The Secretary's office recently requested the Board to make a recommendation on a July 17 request from Alaska Gov. Frank Murkowski seeking a seat on the board for the Commissioner of the Alaska Department of Fish and Game.

"I am convinced that better decisions will be made if a Department of Fish and Game representative is allowed to participate in questioning witnesses to assure that all necessary information is considered and deliberation occurs on biological and allocation questions," Murkowksi wrote.

The Nov. 5 work session will give the Board an opportunity to discuss the issues with representatives of the State of Alaska, federal Regional Advisory Council chairs and others before making a recommendation to the Secretary.

To participate by teleconference or for additional information, contact Helga Eakon at 1-800-478-1456 or (907) 786-3872.

Stakeholder Meetings to Address Kenai Subsistence Fish (9/17/03)
The federal Office of Subsistence Management will hold "stakeholder" meetings in Kenai, Ninilchik and Cooper Landing in two weeks to discuss results of a recent study of subsistence fish uses on the Peninsula and potential new regulations for federal subsistence fisheries there.

Subsistence fishing is allowed on waters within the Kenai National Wildife Refuge and the Chugach National Forest, but is limited to state sportfishing regulations. The meetings are aimed at establishing new regulations.

Among those invited to the meeting will be residents of Kenai communities found to be "rural" by federal managers, federal and state fish and game advisory group members, and representatives of commercial, sport, guiding and tourism industries.

Meetings will be held 7 p.m., Monday, Sept. 29 at Kenai River Center in Soldotna; 7 p.m. Tuesday, Sept. 30 at Cooper Landing Community Center and 7 p.m. Thursday, Oct. 2 at the Ninilchik Traditional Council Building. For more information, contact Pat Petrivelli at the Office of Subsistence Management at (907) 786-3361.


11,024 Subsistence Halibut Permits Issued to Date (9/17/03)
As of Aug. 13, 2003, the National Marine Fisheries Service has issued 11,024 permits to subsistence fish for halibut in Alaska.

The agency started issuing permits May 15, 2003. Of the permits issued, 5,326 have gone to individuals who qualify through tribal affiliation; 5,698 were issued to those qualifying by residence in rural Alaska.

Alaska’s first recognized subsistence halibut fishery allows individual fishermen to take up to 20 halibut per day and to use up to 30 hooks, limited to hand-held and set gear. Fishing is prohibited in “non-subsistence areas” around Anchorage-Kenai, Valdez, Juneau and Ketchikan.

Fishermen may receive up to $400 per year to reimburse their expenses while fishing for others. Regulations prohibit subsistence halibut fishermen from soliciting to sell fish or "to cause subsistence halibut to be sold, bartered or otherwise to enter commerce."

To see the regulations, lists of eligible tribes and communities, a list of permits issued to date, maps of areas closed to fishing and more information, go to the NMFS website at http://www.fakr.noaa.gov/ram/subsistence/halibut.htm .

Federal Board Won’t Reconsider Cash Sale Regulations (7/17/03)
The Federal Subsistence Board this week refused to reconsider regulations it created in January governing limited cash sales of subsistence-caught fish. The State of Alaska had filed the administrative appeal.

Such sales, known as customary trade, are recognized by the state and federal subsistence law as a legitimate subsistence activity, but state law restricts such trade to sales of herring roe on kelp in Southeast Alaska.

The Board in January revised its regulations, generally tightening them by prohibiting sales to businesses, but the State asserted the changes didn’t go far enough toward stemming potential abuse.

In its request for reconsideration, the State said only sales found to be “customary and traditional” should be permitted and that the Board violated federal subsistence law by not deferring to customary trade recommendations of its federal Regional Advisory Councils.

In rejecting the request for reconsideration, the Board relied on a staff report that said that the federal “customary and traditional” requirement for subsistence applied to subsistence harvests, not to specific uses of resources after harvesting. “This means that once the Board has made a customary and traditional use determination for a species in an area, it has allowed, after harvest, all legal uses of that resource, including customary trade of fish,” the report said.

The Board also rejected the state’s claim that it didn’t give deference to regional committee recommendations, as required by federal law. According to Board staff, such deference is required only in considering subsistence taking of fish and wildlife, not in developing policy on uses or other matters.

In formulating the new regulations in January, the Board placed no restrictions on sales between rural residents, prohibited sales to businesses and permitted sales between rural residents and others provided that such fish are used for personal or family consumption of the individual who purchases the fish.

The Board characterized the January regulations as a starting point toward refining rules for sales between rural residents and others, saying it would pursue regional modifications to that section of the regulation, as sales practices differ from region to region.

Two months ago the Board rejected a similar request for reconsideration on customary trade filed by the Southeast Alaska Seiners’ Association.

Comments Sought on 2004 Federal Fishery Proposals (5/7/03)
Alaskans have until June 16 to send written comments on 40 proposals to change federal subsistence fishing regulations in 2004.

The federal Office of Subsistence Management has published the proposals in booklet form. For a copy of the booklet, contact OSM at 1-800-478-1456, or 907-786-3888. To see the proposals via the Interet, go to: http://alaska.fws.gov/asm/index.htm.

Among the proposals are ones that would close the Unalakleet River to guided sportfishing during summer months, prohibit sale of Kenai River salmon, as well as Yukon River salmon and salmon eggs, and close various federal waters to commercial harvests.

In Southeast Alaska, proposals would expand subsistence fishing areas open to residents of Petersburg, Kake, Wrangell and communities in and around Prince of Wales Island. Also in Southeast, proposals would require minimum size, harvest and method restrictions on subsistence steelhead fishing and require regular reporting of steelhead harvests.

Proposals from Bristol Bay would put dollar limits on cash sales of subsistence-caught fish, and would close subsistence fishing on rainbow trout on two rivers during the spring spawning season.

Written comments should include reference to proposal numbers. Comments can be e-mailed to subsistence@fws.gov, faxed to (907) 786-3898, or mailed to: Federal Subsistence Board, Attn: Bill Knauer, OSM, 3601 C Street, Suite 1030, Anchorage, AK 99503.

The proposals will be considered by Regional Advisory Councils this fall and by the Federal Subsistence Board when it meets in December. Proposals adopted into regulation become effective March 2004.

The Federal Subsistence Board considers all fishery proposals for Alaska each year. The annual deadline for submitting proposals is late March.


Federal Subsistence Fisheries Proposals Due Friday (3/26/03)
United Fishermen of Alaska Subsistence Outreach reminds Alaskans interested in making changes to federal subsistence fishing regulations that 2004 proposals are due at the Office of Subsistence Management by Friday, March 28, or postmarked by that date.

Alaska residents and non-residents can make proposals aimed at 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.
Federal Regional Advisory Councils or other organizations also can submit proposals.

Proposal forms are printed in the federal subsistence management regulations booklet and are available through the federal Office of Subsistence Management, 1-800-478-1456, or 907-786-3888. They’re also available by contacting United Fishermen of Alaska’s Subsistence Management Information office at 1-888-586-6822.
The Federal Subsistence Board each year considers proposals for changing subsistence fishing regulations statewide.

Proposals in 2003 led to creation of a rainbow trout subsistence fishery in federal sections of Bristol Bay drainages, as well as relaxation of state-imposed size restrictions in a new, subsistence steelhead fishery on Prince of Wales Island.

Proposals made to the Federal Subsistence Board by the March 28 deadline will be published in the board’s annual proposal booklet, a compilation of proposals statewide that is distributed for review by members of the public, agency staff and federal decision-makers. Following comment from the general public and State of Alaska, fisheries proposals go to federal Regional Advisory Councils each fall for comment, and are forwarded on to the Federal Subsistence Board each December for final action.

For more information, contact the Office of Subsistence Management, 1-800-478-1456 or 907-786-3888, or  UFA’s Subsistence Outreach office, 1-888-586-6822 (In Alaska only).

Federal Subsistence Office Issues Rural Methodology Report (2/20/03)
Federal subsistence officials have released a report proposing a new method for determining which Alaska communities qualify for subsistence under federal law. On most federal lands and waters in Alaska, only residents of “rural” communities qualify for subsistence.

The 124-page report, “Methods for Rural/Non-Rural Determinations for Federal Subsistence Management in Alaska,” is available via the Internet at http://www.iser.uaa.alaska.edu/Publications/Rural%20Final%20Report2.pdf.

The authors of the report – the University of Alaska’s Institute of Social and Economic Research (ISER) and former state anthropologist Dr. Robert J. Wolfe – propose two primary factors for classifying communities: 1) country food production for local consumption, and 2) sparsely populated open country in the local commons.

Communities not clearly classified by the two factors would be assessed under other criteria including other land uses, non-commercial fishery or hunt center, and preponderance of other rural features.

Of 195 Alaska communities tested under the methodology, nine required further assessment. The tests were not meant to indicate which communities should be determined rural and non-rural, according to the authors.

The Federal Subsistence Board will take up the report’s recommendations following peer review of the study. No timetable has been set, according to Tom Boyd, head of federal subsistence management office in Anchorage.

Current guidelines for defining rural include a general presumption of rural for communities with a population of 2,500 or less, and a general presumption of non-rural for communities larger than 7,000. Communities with populations between 2,500 and 7,000 are determined by evaluating community characteristics.

About one-fifth of Alaska’s population, or 120,000 Alaskans, reside in communities that are “rural” under current federal regulations.

To receive a hard copy of the methodology report, contact Helen Armstrong at the Office of Subsistence Management, 907-786-3880 or 1-800-478-1456.

UFA Subsistence Outreach Offers Toll-Free Phone Line (2/20/03)
United Fishermen of Alaska’s Subsistence Outreach Program has added a toll-free phone line for Alaskans with questions about federal management of subsistence fisheries. For callers from inside Alaska, the number is 1-888-586-6822.

The outreach program provides information about federal subsistence fisheries decisions to Alaskans and others interested in management of the Alaska’s fisheries. The program offers a free quarterly newsletter, e-mail updates, a website, and in-person presentations.

For more information, contact outreach coordinator at (907) 586-6822 or 1-888-586-6822.

Interior Appoints 37 to Regional Advisory Councils (1/28/03)
The Department of Interior has appointed 37 Alaskans to the state’s ten federal subsistence Regional Advisory Councils (RACs).

These appointees applied to serve in February 2002. They will take their seats on regional councils in time for winter council meetings beginning February 2003. Of the 37 appointments, 23 were re-appointments of current council members.

Beginning with the next round of appointments, seats on Regional Advisory Councils will be dedicated in regard to user groups. Commercial and recreational users will get 30 percent of council seats; users representing subsistence will make up the remaining 70 percent of seats. Also, the number of seats on most councils will increase.

The deadline for filing for dedicated seats on regional councils is Feb. 28, 2003. Appointed candidates will be seated in January 2004.

Click the below link to see recent appointments and current RAC membership:

2002 RAC Appointments and Membership.doc

Board Tightens Rules on Cash Sales of Subsistence Fish (1/22/03)
The Federal Subsistence Board took action Jan. 14 to prohibit sales of subsistence-caught fish to businesses and to limit sales between federal subsistence fishermen and others.

But the Board's tightening of regulations on cash sales may not satisfy the State of Alaska or other resource users.

Limited, historic cash sales are known as "customary trade," a subsistence use that's recognized as legitimate in state and federal law. Customary trade is different from barter, a subsistence exchange not involving cash.The Board’s action on customary trade was intended to tighten former federal regulations that allow limited cash sales of fish that don’t “constitute a significant commercial enterprise.” Federal officials characterized that wording as unenforceable and an invitation to abuse.

The new regulation crafted by the Board omits “significant commercial enterprise” and places no restrictions (other than subsistence harvest limits) on sales between qualified federal users (rural residents). It allows sales between rural residents and other individuals provided the purchased fish are used by the buyer or the buyer’s family.

The regulation prohibits businesses from receiving subsistence-caught fish and also allows the Board to adopt regional regulations governing customary trade sales.

Critics of the action said potential for abuse remains. For example, whole fish could be sold to motorists at roadside stands, and sales may lead to increased harvests, eventually forcing changes in fish allocations. “They’ve stopped sales to businesses, nothing else,” said Alaska Department of Fish and Game biologist Douglas Vincent-Lang.

Federal Subsistence Board members said they recognized regional differences in customary trade practices and would consider regional modifications as proposals from federal Regional Advisory Councils (RACs). “We’ll make regional changes as RACs bring them to us, when they’re ready and understood in the region,” said Board chair Mitch Demientieff.

Federal enforcement officials were particularly concerned about record-keeping of customary trade sales. In a letter to the Federal Subsistence Board last year, the federal Division of Law Enforcement said minimum requirements should include names and addresses of sellers and buyers, origin of fish, amount of fish and species. “Failure to require such documentation and accountability would prevent effective enforcement, invite abuse and jeopardize legitimate subsistence use of fishery resources,” the agency said.

Regional advisory councils have taken widely different views of regulation of cash sales, particularly divergent on regulating sales between federal subsistence users and others.

The Bristol Bay Regional Advisory Council has recommended limiting sales between federal subsistence users to $500 per household, and sales between subsistence users and others to $400. The Northwest Arctic and Seward Peninsula regional councils, however, recommended no limits on sales between subsistence users and others.

Testimony on customary trade at RAC meetings also has spanned a wide range. Southeast RAC member Jon Littlefield described such sales in Southeast as ‘self-limiting’ by virtue of federal subsistence bag limits. “We’re talking an insignificant number of fish.”

Tom Carpenter, chair of the Cordova Fish and Game Advisory Committee, questioned Southcentral RAC members about possible impacts on commercial fisheries, and specifically marketing of Copper River sockeye, if customary trade results in sales of contaminated fish, and a black eye for the area’s commercial fishery. “Twenty-five years of marketing could be destroyed by something that’s not regulated. That’s a really big fear in Cordova.”

State law restricts customary trade sales to herring roe-on-kelp in Southeast Alaska. The state Board of Fisheries provides for customary trade by regulation on a case-by-case and species-by-species basis. The Board of Fisheries and Alaska Department of Fish and Game have urged the Federal Subsistence Board to develop a similar approach to sales.

For more information, follow the link below to this site's customary trade page:
Customary Trade

Wording of the Jan. 14, 2003 Cash Sales Regulation (1/22/03)
.27(c)(11) Transactions Between Rural Residents -- The exchange between rural residents in customary trade of subsistence-harvested fish, their parts, or their eggs, legally taken under the regulations in this part is permitted.

.27(c)(12) Transactions Between a Rural Resident and Others -- (a) Customary trade of subsistence-harvested fish, their parts, or their eggs, legally taken under the regulations in this part, from a rural resident to individuals other than rural residents is permitted, provided that such fish, their parts, or their eggs, are used for personal or family consumption of the individual who purchases the fish. (b) If you are not a rural resident, you may not sell subsistence-harvested fish, their parts, or their eggs.

.27(c)(13) No Commercial Transactions -- (a) You may not sell subsistence-harvested fish, their parts, or their eggs to any individual, business or organization required to be licensed as a fisheries business under Alaska Statute 43.75.011 or to any other business as defined under Alaska Statute 43.70.110(1). (b) If you are required to be licensed as a fisheries business under Alaska Statute 43.75.011 or are a business as defined under Alaska Statute 43.70.110(1), you may not purchase, receive, or sell subsistence-harvested fish, their parts or their eggs.

 

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