§ 102.1 General application of regulations. Each regulation herein contained is of general application within the particular area to which it applies, and no exclusive or several right of fishery is granted therein.

§ 102.2 Regulations subject to change. The regulations for the protection of the commercial fisheries of Alaska shall be subject to such change or revision by the Secretary of the Interior as may appear advisable from time to time.

§ 102.3a Imposition of additional restrictions and extensions of open seasons. There is hereby delegated to the Director of the Fish and Wildlife Service authority to shorten, lengthen, or reopen for limited periods any closed fishing period and to impose further restrictions on the means, methods, and areas of fishing and on the catch of fish otherwise permitted to be taken. The authority herein granted may be redelegated in whole or in part to the Regional Director of Region 6 and to such employees of the Fish and Wildlife Service as are designated by the Director and shall be exercised solely for the following purposes:

(a) To permit an additional take of any run that is in excess of the escapements required by the act of June 6, 1924 (43 Stat. 464), or to provide for such required escapement.

(b) To offset the damaging effects of any abnormal increase in intensity of fishery operations in any district.

Any shortening, lengthening, or reopening of a closed fishing period or restriction on the means and methods of fishing or on the catch of fish to be taken shall be announced by the Director, or by such other person exercising such authority by redelegation from the Director, which announcement shall be final and reasonable notice thereof shall be made public in the Territory of Alaska.

§ 102.4 Daily Reports. In waters where a rack or weir is maintained by the Fish and Wildlife Service for the purpose of counting salmon ascending to the spawning grounds, records of the catch of salmon shall be furnished daily by all operators to the local representative of the Fish and Wildlife Service.

§ 102.6 Inspection of fishery establishments. For purposes of inspection, representatives of the Department shall have at all times free and unobstructed access to all canneries, salteries, and other fishing establishments, and to all hatcheries.

§ 102.7 Reports required of operators. Each buyer or processor of fish or shellfish shall, each season:

(a) furnish to the local representative of the Fish and Wildlife Service, prior to operating in each or any regulatory fishing district, a written statement of intention to operate and a description of the nature, extent, and location of the operation;

(b) fully and accurately report all individual receipts of fish and allied data as required by the Director of the Fish and Wildlife Service or his authorized representative;

(c) currently maintain available statistical records on receipts and production; and

(d) submit an accurate report of operations on statistical forms provided for that purpose at the close of the season. Reporting responsibility, where in question, rests with the final buyer or dealer who handles the fish within the Territory.

§ 102.8 Boat registration. Each year, prior to engaging in fishing, all boats, whether powered or unpowered, shall be registered with the local representative of the Fish and Wildlife Service for the initial regulatory area of operation. Registry of boats shall include the furnishing of adequate information relating to size, type, crew, gear, and identity. Any subsequent change in regulatory area of operation by any fishing boat must be reported to a local representative of the Fish and Wildlife Service in advance of such change. Registration plates, when furnished, shall be displayed in a prominent place on the port side: Provided, That such registration shall not be required of any boat engaging solely in the halibut fishery.

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§ 102.9 Identification of stationary fishing gear. All persons, companies, or corporations owning, operating, or using any stake net, set net, trap net, pound net, or fish wheel for taking salmon or other fishes shall cause to be placed in a conspicuous place on said trap net, pound net, stake net, set net, or fish wheel the name of the person, company, or corporation owning, operating, and using same, together with a distinctive number, letter, or name which shall identify each particular stake net, set net, trap net, pound net, or fish wheel. Such letters and numbers shall be at least 6 inches in height with lines at least 1 inch wide and shall be painted in black on a white background.

§ 102.10 Explosives and poison prohibited. The use of any explosive or poison in the taking or killing of fish is prohibited.

§ 102.11 Prosecution for wanton waste of fish. If in the process of curing salmon bellies the remaining edible portion of the fish is not used, such action will be regarded as wanton waste within the meaning of section 8 of the act of June 26, 1906, and those who engage in this practice will be reported for prosecution as provided for in the act.

§ 102.12 Driving salmon downstream prohibited. The driving of salmon downstream or the causing of salmon to go outside the protected area at the mouth of any salmon stream are prohibited.

§ 102.13 Standard time used in various fishing areas. The time used in the various areas for the enforcement of the law and regulations that specify hours and days shall be as follows:

(a) In the southeastern Alaska area: Pacific standard time.

(b) In the Bering River, Copper River, Prince William Sound, Resurrection Bay, Cook Inlet, Kodiak, Chignik, Alaska Peninsula, and Bristol Bay areas: Standard time of the one hundred and fiftieth meridian of west longitude, which is 2 hours slower than Pacific standard time.

(c) In the Aleutian Islands and Kotzebue-Yukon-Kuskokwim areas: Standard time of the one hundred and sixty-fifth meridian of west longitude, which is 3 hours slower than Pacific standard time.

§ 102.14 Closed areas near salmon streams.

(a) Commercial fishing is prohibited at all times between the exposed tideland banks of any salmon stream, within 500 yards of the terminus, as defined herein, of any such stream and within such greater distances from such terminus as may be specified in regulations having particular application to designated streams or areas. For the purpose of these regulations the word "terminus" shall mean a line drawn between the seaward extremities of the exposed tideland banks of any salmon stream.

(b) For the purposes of section 3 of the Act of June 6, 1924 (43 Stat. 464; 48 U. S. C. 233), as amended, the mouth of any salmon creek, stream or river is determined to be at a line drawn between the extremities of its banks at high tide. The facts as to the location of any such line shall be ascertained from time to time by the Director of the Fish and Wildlife Service and such other persons as may be designated by the Director and in accordance therewith the mouth of such creek, stream or river shall be appropriately marked and such marking shall be final.

§ 102.15 Types of gear permitted, salmon fishing. In commercial fishing for salmon all forms of gear other than drift gill nets, stake nets, set nets, driven traps, floating traps, purse seines, beach seines, fish wheels, trolling apparatus, hand lines, rods, spears, and gaffs are prohibited at all times. The use of any other form of gear, including trammel nets, diver nets, trawls, combination nets, hammerhead traps or any modification thereof, is prohibited at all times. No gill net shall include any webbing other than a single sheet hung between cork and lead lines. No gill net shall be used in any form of seining operations.

§ 102.16a Salmon fishing boats and gear. No salmon fishing boat shall operate, assist in operating, or have aboard either it or on any boat towed by it, more than one legal limit of fishing gear: Provided, That (a) where the use of leads is permitted, a purse seine boat may have or use not to exceed one lead of legal length and depth with mesh at least 7 inches stretched measure between knots, (b) a trolling boat may have or use for taking bait, one gill net with mesh not more than 21⁄2 inches stretched measure between knots, made of not greater than number 20 gill-net thread, and not exceeding 10 fathoms in length and 100 meshes in depth, and (c) unhung gear sufficient for mending purposes may be carried aboard.

§ 102.18 Purse rings prohibited on purse seine leads. In all purse seining operations the use of leads having purse rings attached to them is prohibited.

§ 102.18a Trailing of gill net web. The trailing of gill net web is prohibited at any time or place where fishing is not permitted.

§ 102.18b Removal from water of set nets. All set or anchored gill nets shall be removed from the water during any closed period.

§ 102.19 Limitations on fishing gear of trolling boats. Not more than four trolling lines shall be operated by any salmon trolling boat.

§ 102.24 Limitation on increases of individual trap site operations. No person shall be permitted to increase the number of trap sites which he occupies over the number occupied in the preceding season if such increase would result in his occupation of more than 10 sites. The Secretary or his authorized representative may, however, in exceptional cases authorize such an increase for good cause shown. Any trap site occupied in violation of this section will be closed.

§ 102.25 Operation of trap site by permit holder. No person shall be allowed to occupy, lease, or assign a trap site who in the previous year held a permit for a trap site and did not himself occupy such site but instead leased or assigned such site to another person under arrangements by which the permit holder did not bear all or a substantial part of the expenses and financial risk involved in the installation, care, service, and use of the trap. The Secretary or his authorized representative may, however, in exceptional cases authorize occupation of such site for good cause shown. Any trap site occupied, leased, or assigned in violation of this section will be closed.

§ 102.26 Traps must be ineffectual prior to open season. In any prescribed fishing area prior to the first date when salmon traps may be operated in any calendar year, no trap or any part thereof, whether under construction or after completion, shall be so arranged or adjusted as to prevent the free and unobstructed passage at all times of all fish.

§ 102.27 Traps limited to two spillers. No trap shall have more than two spillers.

§ 102.28 Method of closing salmon traps. During all periods when fishing is prohibited, the heart walls of salmon traps shall be lifted or lowered in accordance with the method prescribed by section 5 of the Act of June 6, 1924. In addition to such closure, a section not less than 6 feet in width and 10 feet in depth on the front of the pot on floating traps, and 6 feet in width and to the depth of mean low water on the front of the pot on pile-driven traps, shall be raised clear of the water by a space of two feet. Provision shall be made for attaching metal seals to the bottom of this section during such times as it is raised and said seals, furnished by the Fish and Wildlife Service, shall be locked on each side of the section during all closed periods in such manner that it cannot be lowered until the seals are broken.

102.29 Traps must be made inoperative within 24 hours after close of season. Within 24 hours after the beginning of any seasonal closed period the wire on the entire long wall of the small heart from the pot tunnel to the first corner, on both sides, shall be cut down, and any lead within 50 feet of the small heart gap shall be cut down. Within 48 hours after the beginning of any seasonal closed period (a) the tunnels from pots to spillers of all traps shall be entirely disconnected, and (b) the spillers of all driven traps shall be raised to within 4 feet of the capping and the spillers of floating traps shall be raised to within 4 feet of the surface. With respect to traps not provided with spillers, the requirements with regard to spillers shall apply to the pots. This requirement shall not apply to traps, the operation of which has been suspended through the issuance of an announcement under § 102.5 if such announcement expressly so provides. § 102.30 Gear restrictions: trawls. The size, character, and operation of trawls in Alaskan waters are limited as follows:

(a) Otter trawls having mesh smaller than 5 inches stretched measure between knots in the bag and 6 inches stretched measure between knots in the wings are prohibited.

(b) The use of any devices attached to the foot-rope or elsewhere, such as chain "ticklers," which may cause undue disturbance or destruction of the bottom, is prohibited.

(c) The use of otter trawls in any area which the International Fisheries Commission has found to be populated by small immature halibut and accordingly has closed to all halibut fishing, is prohibited.

(d) All operators of otter trawls shall maintain a running log on forms furnished showing date, type and size of mesh of trawl used, each locality fished, the time and duration of each tow, and the estimated poundage and number or average weight of each species caught. Such logs shall be available for inspection by representatives of the Fish and Wildlife Service at any reasonable time, and the duplicate sheets shall be transmitted to the Fish and Wildlife Service at periodic intervals. On or before December 15 of each year complete statistics of opera

tions shall be submitted to the Fish and Wildlife Service on forms provided for

the purpose.

(e The use of any trawl in fishing for, or taking, salmon, herring and Dungeness crabs is prohibited.

HERRING FISHERY

§ 102.31 Obstructions prohibited in herring bays. No one shall place, or cause to be placed, across the entrance to any lagoon or bay any net or other device which will prevent the free passage at all times of herring in and out of said lagoon or bay.

§ 102.32 Disposal of herring offal. The dumping of offal or dead herring in the waters of any bay in which herring spawn or where they are captured is prohibited.

§ 102.33 Traps prohibited, herring fishing. Commercial fishing for herring by means of any trap is prohibited.

SHELLFISH FISHERY

§ 102.34 Methods of taking clams. The taking of any species of clam, for commercial purposes, on any of the beaches of Alaska, except by hand-operated shovels, spades, or forks, is prohibited at all times.

§ 102.35 Minimum size of clams. It is prohibited to take for commercial purposes any razor clam measuring less than 41⁄2 inches in total length of shell or any butter clam measuring less than 21⁄2 inches in total length of shell. Possession of any razor clam measuring less than 4%1⁄2 inches in total length of shell or any butter clam measuring less than 21⁄2 inches in total length of shell will be regarded as prima facie evidence of unlawful taking.

§ 102.36 Protection of small clams. Any razor clam measuring less than 41⁄2 inches or any butter clam measuring less than 21⁄2 inches in total length of shell shall be returned alive immediately to the hole from which it was removed in the course of digging operations.

§ 102.37 Protection of female and small male king or spider crabs. No female king or spider crab shall be taken at any time in the waters of Alaska, and no male measuring less than 61⁄2 inches in greatest width of shell shall be taken for commercial purposes.

§ 102.38 Protection of female and small male Dungeness crabs. No female shall be taken at any time, and no male measuring less than 7 inches in greatest width of shell shall be taken for commercial purposes.

§ 102.39 Taking of soft-shell crabs prohibited. It is prohibited to take for commercial purposes any soft-shell crab. Possession of any such crab will be regarded as prima facie evidence of unlawful taking.

PERSONAL USE FISHERY

§ 102.50 Prohibited near weirs and ladders.

Fishing for, taking, or molesting any fish by any means, or for any purpose, is prohibited within 500 yards of any dam, fish ladder, or weir.

Types of gear permitted, exception.

Sec.

103.6

Marking of gill nets.

103.8

103.9

Total aggregate length of gill nets.
Size of mesh and depth of gill nets.

HERRING FISHERY

103.12 Closed seasons, Golovnin Bay.

103.14 Seines prohibited; exception.

103.5a Types of gear permitted, Yukon district and 103.13 Gear, Golovnin Bay. Kuskokwim district.

§ 103.1

Definition. The Kotzebue-Yukon-Kuskokwim area is defined to include all territorial coastal and tributary waters of Alaska from Point Hope southward to Cape Newenham.

SALMON FISHERY

§ 103.2 Districts open. Fishing is prohibited except within the following described districts.

(a) Kotzebue District.

Prince of Wales.

All waters from Point Hope southward to Cape

(b) Port Clarence District. All waters from Cape Prince of Wales southward to Cape Douglas.

(c) Norton Sound District. All waters from Cape Douglas southward to a true east-west line through the westernmost point of Stuart Island.

(d) Yukon District. All waters of the Yukon River and all coastal waters from a true east-west line through the westernmost point of Stuart Island southward to 62 degrees north latitude.

(e) Kuskokwim District. All waters of the Kuskokwim River and waters of Kuskokwim Bay, exclusive of Goodnews Bay, within a line extending from the east shore of Kuskokwim Bay at 59 degrees north latitude to Cape Avinof.

§ 103.3 Open season. Commercial fishing for salmon is prohibited except in the period from 6 o'clock antemeridian June 1 to 6 o'clock postmeridian July 31, in each year: Provided, That such fishing is permitted in the Kuskokwim district until 6 o'clock postmeridian August 15.

§ 103.4 Maximum take of salmon. In any calendar year the take of king and red salmon shall not exceed:

(a) Yukon district: 50,000 king salmon, of which not more than 25,000 may be taken inside the river.

(b) Kuskokwim district: 250,000 red salmon and king salmon combined: Provided, that only king salmon and not to exceed 15,000 of these may be taken inside the river.

§ 103.5 Types of gear permitted, exception. Except in the Yukon district and the Kuskokwim River, fishing shall be conducted solely by drift or set gill nets: Provided, That this shall not apply to the use of purse seines in Kuskokwim Bay, exclusive of Goodnews Bay, between 59 degrees and 59 degrees 40 minutes north latitude, westward to Cape Avinof. No lead shall exceed 25 fathoms in length.

$103.5a Types of gear permitted, Yukon district and Kuskokwim River. Fishing in the Yukon district and in the Kuskokwim River is prohibited except by fish wheels and by gill nets having mesh not less than 81⁄2 inches stretched measure between knots: Provided, That inside the Yukon and Kuskokwim Rivers, fishing shall be permitted only by native Indians and bona fide permanent white residents.

§ 103.6 Marking of gill nets. Each gill net in operation shall be marked by a cluster of bright red floats or corks at the ends, and bright red double floats or corks shall be attached to the cork line at 25-fathom intervals. The clusters at the ends shall also be legibly and plainly marked with the initials of the operator. § 103.8 Total aggregate length of gill nets. The total aggregate length of gill nets on any salmon fishing boat, or in use by such boat, shall not exceed 150 fathoms hung measure.

§ 103.9 Size of mesh and depth of gill nets. King salmon gill nets shall have a mesh of at least 81⁄2 inches stretched measure between knots, red salmon gill nets of linen webbing shall have a mesh of at least 51⁄2 inches stretched measure between knots, and red salmon gill nets of cotton webbing shall have a mesh of at least 5 inches stretched measure between knots as measured when actually in use. No red salmon gill net shall be over 28 meshes deep.

HERRING FISHERY

§ 103.12 Closed seasons, Golovnin Bay. Commercial fishing for herring in the waters of Golovnin Bay within a line from the southern extremity of Rocky Point to the southern extremity of Cape Darby is prohibited from January 1 to August 19, both dates inclusive, and from November 1 to December 31, both dates inclusive.

§103.13 Gear, Golovnin Bay. Commercial fishing for herring in the waters of Golovnin Bay, within a line from the southern extremity of Rocky Point to the southern extremity of Cape Darby, shall be conducted solely by gill nets of mesh not less than 21⁄4 inches stretched measure between knots.

§ 103.14 Seines prohibited; exception. Commercial fishing for herring, except for bait purposes, by means of any seine is prohibited.