Title 5 . Fish and Game

Chapter 1 . Transportation, Possession and Release of Live Fish; Aquatic Farming

Section 716. Customary and traditional subsistence uses of fish stocks and amount necessary for subsistence uses

5 AAC 01.716. Customary and traditional subsistence uses of fish stocks and amount necessary for subsistence uses

(a) The Alaska Board of Fisheries finds that the following fish stocks are customarily and traditionally taken or used for subsistence:

(1) herring, herring spawn, bottomfish, and halibut in waters of Section 15-A;

(2) salmon and smelt in all waters of the Chilkat River and Chilkat Inlet north of the latitude of Glacier Point, and in the Chilkoot River, Lutak Inlet, and Chilkoot Inlet north of the latitude of Battery Point, excluding waters of Taiya Inlet north of the latitude of the tip of Taiya Point;

(3) herring, herring spawn, bottomfish, and halibut in waters of District 14 east of the longitude of Point Dundas;

(4) salmon, smelt, and Dolly Varden char in waters of Sections 14-B and 14-C, in District 13 in waters along the western shore of Yakobi Island east of a line from Cape Spencer Light to Surge Bay Light, and in District 12 in waters of Basket Bay inside a line from 57ΓΈ 30.83' N. lat., 134ΓΈ 53.20' W. long., to 57ΓΈ 39.28' N. lat., 134ΓΈ 53.88' W. long.;

(5) herring, herring spawn, bottomfish, and halibut in waters of District 12 between the latitude of Parker Point and the latitude of Point Caution, and in Section 13-C east of the longitude of Point Elizabeth;

(6) salmon and Dolly Varden char in waters of District 12 south of a line from Fishery Point to South Passage Point and north of the latitude of Point Caution and in waters of Section 13-C east of the longitude of Point Elizabeth;

(7) herring and herring spawn in waters of Section 13-A, and Section 13-B north of the latitude of Aspid Cape;

(8) sockeye salmon in waters of Section 13-A south of the latitude of Cape Edward, in waters of Section 13-B north of the latitude of Redfish Cape, and in waters of Section 13-C;

(9) herring, herring spawn, bottomfish, and halibut in waters of Section 9-B north of the latitude of Point Ellis, in waters of District 10 west of a line from Pinta Point to Point Pybus, and in waters of District 5 north of 56ΓΈ 40' N. lat.;

(10) salmon and Dolly Varden char in Sections 9-A and 9-B in waters north of the latitude of Swain Point, in waters of District 10 west of a line from Pinta Point to False Point Pybus, and in waters of District 5 north of a line from Point Barrie to Boulder Point;

(11) herring and herring spawn in waters of District 2 north of the latitude of the northernmost tip of Chasina Point and west of a line from the northernmost tip of Chasina Point to the easternmost tip of Grindall Island to the easternmost tip of the Kasaan Peninsula, and in waters of Section 3-B in San Alberta Bay north of the latitude of the southernmost tip of Cape Suspiro and east of 133ΓΈ 20' W. long.;

(12) salmon, Dolly Varden char, bottomfish, and halibut in waters of District 2 north of the latitude of the northernmost tip of Chasina Point and west of a line from the northernmost tip of Chasina Point to the easternmost tip of Grindall Island to the easternmost tip of the Kasaan Peninsula;

(13) herring and herring spawn in waters of Section 3-B in San Alberta Bay north of the latitude of the southernmost tip of Cape Suspiro and east of 133ΓΈ 20' W. long., and in waters of Section 3-A in Tlevak Strait north of the latitude of High Point and south of the latitude of Eolus Point;

(14) bottomfish and halibut in waters of Section 3-B;

(15) salmon, Dolly Varden char, and steelhead trout in Section 3-B in waters east of a line from Point Ildefonso to Tranquil Point and in waters of Warm Chuck Inlet north of a line from a point on Hecata Island at 55ΓΈ 44' N. lat., 133ΓΈ 25' W. long. to Bay Point, and in Section 3-C in waters of Karheen Passage north of 55ΓΈ 48' N. lat. and east of 133ΓΈ 20' W. long. and in waters of Sarkar Cove and Sarkar Lakes;

(16) herring and herring spawn in waters of Section 3-A in Tlevak Strait north of the latitude of High Point and south of the latitude of Eolus Point, and in waters of Section 3-B in San Alberta Bay north of the latitude of the southernmost tip of Cape Suspiro and east of 133ΓΈ 20' W. long.;

(17) bottomfish and halibut in waters of Section 3-A;

(18) salmon and Dolly Varden char in waters of Section 3-A and in waters of District 2 in Nichols Bay north of 54ΓΈ 42.12' N. lat.;

(19) salmon and Dolly Varden char in waters of the Naha River, and Boca de Quadra in waters of Sockeye Creek and Hugh Smith Lake, and within 500 yards of the terminus of Sockeye Creek;

(20) salmon, herring, herring spawn, bottomfish, halibut, and Dolly Varden in waters of District 5 north of a line from Point St. Albans to Cape Pole, in waters of Section 6-A west of a line from Macnamara Point to Mitchell Point, and in waters of Section 6-B west of the longitude of Macnamara Point;

(21) salmon, other than sockeye salmon as provided in (8) of this section, bottomfish, and halibut in the waters of District 13;

(22) eulachon in Sections 1-C and 1-D and in the waters of Districts 7 and 8;

(23) herring, herring spawn, bottomfish, halibut, salmon, Dolly Varden, and steelhead trout in the waters of Districts 7 and 8.

(b) The board finds that 105,000 - 158,000 pounds of herring spawn are reasonably necessary for subsistence uses in Section 13-A, and Section 13-B north of the latitude of Aspid Cape.

History: Eff. 5/15/93, Register 126; am 5/6/94, Register 130; am 6/15/95, Register 134; am 6/7/95, Register 135; am 6/19/97, Register 142; am 5/31/98, Register 146; am 6/3/2000, Register 154; am 3/11/2001, Register 157; am 4/14/2002, Register 162; am 7/18/2003, Register 167

Authority: AS 16.05.251

AS 16.05.258