Subsistence Management Regulations for Public Lands in Alaska-2015-16 and 2016-17 Subsistence Taking of Fish Regulations, 28187-28193 [2015-11907]

Download as PDF Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations 28187 The following safety zone will be enforced from 5:00 p.m. on July 11, 2015 through 1:00 a.m. on July 12, 2015: Event name Location Latitude Longitude Mercer Island Celebration .................................................... Mercer Island ........................ 47°35.517′ N ....... 122°13.233′ W .... The special requirements listed in 33 CFR 165.1332, which published in the Federal Register on June 15, 2010 (75 FR 33700), apply to the activation and enforcement of these safety zones. All vessel operators who desire to enter the safety zone must obtain permission from the Captain of the Port or their Designated Representative by contacting the Coast Guard Sector Puget Sound Joint Harbor Operations Center (JHOC) on VHF Ch 13 or Ch 16 or via telephone at (206) 217–6002. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This document is issued under authority of 33 CFR 165.1332 and 33 CFR part 165 and 5 U.S.C. 552(a). In addition to this document, the Coast Guard will provide the maritime community with extensive advanced notification of the safety zones via the Local Notice to Mariners and marine information broadcasts on the day of the events. Dated: May 1, 2015. M.W. Raymond, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 2015–11937 Filed 5–15–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 asabaliauskas on DSK5VPTVN1PROD with RULES [Docket No. FWS–R7–SM–2013–0065; FXFR13350700640–156–FF07J00000; FBMS#4500076030] RIN 1018–AZ67 Subsistence Management Regulations for Public Lands in Alaska—2015–16 and 2016–17 Subsistence Taking of Fish Regulations Forest Service, Agriculture; Fish and Wildlife Service, Interior. AGENCY: VerDate Sep<11>2014 17:45 May 15, 2015 Jkt 235001 ACTION: Final rule. This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses in Alaska during the 2015–2016 and 2016–2017 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. DATES: This rule is effective May 18, 2015. ADDRESSES: The Board meeting transcripts are available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503, or on the Office of Subsistence Management Web site (http://www.doi.gov/subsistence/ index.cfm). FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., Office of Subsistence Management; (907) 786– 3888 or subsistence@fws.gov. For questions specific to National Forest System lands, contact Thomas Whitford, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907) 743–9461 or twhitford@fs.fed.us. SUPPLEMENTARY INFORMATION: SUMMARY: Background Under Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), the Secretary of the Interior and the Secretary of Agriculture (Secretaries) jointly implement the Federal Subsistence Management Program. This program provides a preference for take of fish and wildlife resources for subsistence uses on Federal public lands and waters in Alaska. The Secretaries published temporary regulations to carry out this program in the Federal Register on June 29, 1990 (55 FR 27114), and published final PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 Radius (yards) 250 regulations in the Federal Register on May 29, 1992 (57 FR 22940). The Program has subsequently amended these regulations a number of times. Because this program is a joint effort between Interior and Agriculture, these regulations are located in two titles of the Code of Federal Regulations (CFR): Title 36, ‘‘Parks, Forests, and Public Property,’’ and Title 50, ‘‘Wildlife and Fisheries,’’ at 36 CFR 242.1–242.28 and 50 CFR 100.1–100.28, respectively. The regulations contain subparts as follows: Subpart A, General Provisions; Subpart B, Program Structure; Subpart C, Board Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife. Consistent with subpart B of these regulations, the Secretaries established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board comprises: • A Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; • The Alaska Regional Director, U.S. Fish and Wildlife Service; • The Alaska Regional Director, U.S. National Park Service; • The Alaska State Director, U.S. Bureau of Land Management; • The Alaska Regional Director, U.S. Bureau of Indian Affairs; • The Alaska Regional Forester, U.S. Forest Service; and • Two public members appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture. Through the Board, these agencies participate in the development of regulations for subparts C and D, which, among other things, set forth program eligibility and specific harvest seasons and limits. In administering the program, the Secretaries divided Alaska into 10 subsistence resource regions, each of which is represented by a Regional Advisory Council. The Regional Advisory Councils provide a forum for rural residents with personal knowledge of local conditions and resource requirements to have a meaningful role in the subsistence management of fish and wildlife on Federal public lands in Alaska. The Council members represent varied geographical, cultural, and user interests within each region. E:\FR\FM\18MYR1.SGM 18MYR1 28188 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations The Board addresses customary and traditional use determinations during the applicable biennial cycle. Section l l.24 (customary and traditional use determinations) was originally published in the Federal Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 and 50 CFR 100.4 define ‘‘customary and traditional use’’ as ‘‘a long-established, consistent pattern of use, incorporating beliefs and customs which have been transmitted from generation to generation. . . .’’ Since 1992, the Board has made a number of customary and traditional use determinations at the request of affected subsistence users. Those modifications, along with some administrative corrections, were published in the Federal Register as follows: MODIFICATIONS TO § ll.24 Federal Register citation 59 59 60 61 62 63 63 64 64 65 66 66 67 67 68 69 69 70 70 71 71 72 72 73 74 75 76 77 79 FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR 27462 ................................................................ 51855 ................................................................ 10317 ................................................................ 39698 ................................................................ 29016 ................................................................ 35332 ................................................................ 46148 ................................................................ 1276 .................................................................. 35776 ................................................................ 40730 ................................................................ 10142 ................................................................ 33744 ................................................................ 5890 .................................................................. 43710 ................................................................ 7276 .................................................................. 5018 .................................................................. 40174 ................................................................ 13377 ................................................................ 36268 ................................................................ 15569 ................................................................ 37642 ................................................................ 12676 ................................................................ 73426 ................................................................ 35726 ................................................................ 14049 ................................................................ 37918 ................................................................ 12564 ................................................................ 35482 ................................................................ 35232 ................................................................ asabaliauskas on DSK5VPTVN1PROD with RULES Current Rule The Departments published a proposed rule on January 10, 2014 (79 FR 1791), to amend the fish section of subparts C and D of 36 CFR part 242 and 50 CFR part 100. The proposed rule opened a comment period, which closed on March 28, 2014. The Departments advertised the proposed rule by mail, radio, and newspaper, and comments were submitted via www.regulations.gov to Docket No. FWS–R7–SM–2013–0065. During that period, the Regional Councils met and, in addition to other Regional Council business, received suggestions for proposals from the public. The Board received a total of 18 proposals for changes to subparts C and D; this included one proposal that the Board had deferred from the previous regulatory cycle. After the comment period closed, the Board prepared a booklet describing the proposals and distributed it to the public. The proposals were also available online. The public then had an additional 30 VerDate Sep<11>2014 17:45 May 15, 2015 Jkt 235001 Rule made changes to the following provisions of ll.24 Date of publication May 27, 1994 .............................................................. October 13, 1994 ........................................................ February 24, 1995 ....................................................... July 30, 1996 ............................................................... May 29, 1997 .............................................................. June 29, 1998 ............................................................. August 28, 1998 .......................................................... January 8, 1999 .......................................................... July 1, 1999 ................................................................. June 30, 2000 ............................................................. February 13, 2001 ....................................................... June 25, 2001 ............................................................. February 7, 2002 ......................................................... June 28, 2002 ............................................................. February 12, 2003 ....................................................... February 3, 2004 ......................................................... July 1, 2004 ................................................................. March 21, 2005 ........................................................... June 22, 2005 ............................................................. March 29, 2006 ........................................................... June 30, 2006 ............................................................. March 16, 2007 ........................................................... December 27, 2007 .................................................... June 26, 2008 ............................................................. March 30, 2009 ........................................................... June 30, 2010 ............................................................. March 8, 2011 ............................................................. June 13, 2012 ............................................................. June 19, 2014 ............................................................. days in which to comment on the proposals for changes to the regulations. The 10 Regional Advisory Councils met again, received public comments, and formulated their recommendations to the Board on proposals for their respective regions. The Regional Advisory Councils had a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, a Council Chair, or a designated representative, presented each Council’s recommendations at the Board’s public meeting of January 21– 23, 2015. These final regulations reflect Board review and consideration of Regional Advisory Council recommendations and public comments. The public received extensive opportunity to review and comment on all changes. Of the 18 proposals, 10 were on the Board’s regular agenda and 8 were on the consensus agenda. The consensus agenda is made up of proposals for which there is agreement among the affected Subsistence Regional Advisory PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Fish/Shellfish. Wildlife. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife/Fish. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife. Wildlife. Councils, a majority of the Interagency Staff Committee members, and the Alaska Department of Fish and Game concerning a proposed regulatory action. Any Board member may request that the Board remove a proposal from the consensus agenda and place it on the non-consensus (regular) agenda. The Board votes en masse on the consensus agenda after deliberation and action on all other proposals. Of the proposals on the consensus agenda, the Board adopted one, adopted one with modification, took no action on one, and rejected five. The adopted consensus proposals are reflected in the rule portion of this document and consist of the addition of a definition to § ___.25 and the addition of the last two subparagraphs in § ll.27 ((e)(13)(xx) and (xxi)). Analysis and justification for each action are available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503, or on the Office of Subsistence Management Web site (http://www.doi.gov/subsistence/ E:\FR\FM\18MYR1.SGM 18MYR1 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations index.cfm). Of the proposals on the regular agenda, the Board adopted three; adopted two with modification; rejected two; and took no action on three. Summary of Non-Consensus Proposals Not Adopted by the Board The Board rejected or took no action on five non-consensus proposals. The rejected proposals were recommended for rejection by one or more of the Regional Advisory Councils unless noted below. Yukon—Northern Area The Board rejected a proposal to restrict the use of driftnets in selected districts of the Yukon River. This action would have been unnecessarily restrictive to subsistence users and was not supported by substantial evidence. This action was supported by three Councils and contrary to the recommendation of one Council. Kuskokwim Area The Board took no action on one proposal to allow the use of dipnets with provisions to require the release of Chinook salmon. This decision was based on the Board’s earlier action on a similar proposal allowing the use of dipnets. asabaliauskas on DSK5VPTVN1PROD with RULES Southeastern Alaska Area The Board rejected a proposal to require the immediate recording of harvested Steelhead on Prince of Wales Island, because the in-season manager could include the provision as a permit condition. The Board took no action on two proposals for the Stikine River. One proposal requested to change the subsistence Sockeye salmon annual guideline harvest level, and the second requested a requirement to check the nets every 2 hours. These decisions were based on its earlier action on a similar proposal requiring nets to be checked twice daily and eliminating the harvest level. Summary of Non-Consensus Proposals Adopted by the Board The Board adopted or adopted with modification five non-consensus proposals. Modifications were suggested by the affected Regional Council(s), developed during the analysis process, or developed during the Board’s public deliberations. All of the adopted proposals were recommended for adoption by at least one of the Regional Councils unless noted below. VerDate Sep<11>2014 17:45 May 15, 2015 Jkt 235001 Kuskokwim Area The Board adopted a proposal to allow the use of dipnets for the harvest of salmon on the Kuskokwim River. This action provides subsistence users an additional gear type that could be used when gillnet restrictions are in place for conservation concerns. Cook Inlet Area The Board adopted a proposal with modification to establish an experimental community gillnet fishery on the Kasilof River for the residents of Ninilchik. This action provides additional opportunity for subsistence users. The Board adopted a proposal to establish a community gillnet fishery on the Kenai River for the residents of Ninilchik. This action provides additional opportunity for subsistence users. Southeastern Alaska Area The Board adopted with modification a proposal requiring nets to be checked twice daily and eliminating the guideline harvest limits on the Stikine River. The change of the guideline harvest levels will require amending the Pacific Salmon treaty, and final implementation is contingent upon review and approval by the Transboundary Panel of the U.S./ Canada Pacific Salmon Commission and approval by the Pacific Salmon Commission. The Board adopted a proposal to close Federal public waters to non-Federally qualified users in the Makhnati Island area to the harvest of herring and herring spawn. This closure was enacted for potential conservation concerns and to protect subsistence uses. This action varied from the Council recommendation, yet met its intent. These final regulations reflect Board review and consideration of Regional Council recommendations and public and Tribal comments. Because this rule concerns public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 28189 Conformance With Statutory and Regulatory Authorities Administrative Procedure Act Compliance The Board has provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act requirements, including publishing a proposed rule in the Federal Register, participation in multiple Regional Council meetings, additional public review and comment on all proposals for regulatory change, and opportunity for additional public comment during the Board meeting prior to deliberation. Additionally, an administrative mechanism exists (and has been used by the public) to request reconsideration of the Board’s decision on any particular proposal for regulatory change (36 CFR 242.20 and 50 CFR 100.20). Therefore, the Board believes that sufficient public notice and opportunity for involvement have been given to affected persons regarding Board decisions. In the more than 25 years that the Program has been operating, no benefit to the public has been demonstrated by delaying the effective date of the subsistence regulations. A lapse in regulatory control could affect the continued viability of fish or wildlife populations and future subsistence opportunities for rural Alaskans, and would generally fail to serve the overall public interest. Therefore, the Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule effective upon the date set forth in DATES to ensure continued operation of the subsistence program. National Environmental Policy Act Compliance A Draft Environmental Impact Statement that described four alternatives for developing a Federal Subsistence Management Program was distributed for public comment on October 7, 1991. The Final Environmental Impact Statement (FEIS) was published on February 28, 1992. The Record of Decision (ROD) on Subsistence Management for Federal Public Lands in Alaska was signed April 6, 1992. The selected alternative in the FEIS (Alternative IV) defined the administrative framework of an annual regulatory cycle for subsistence regulations. The following Federal Register documents pertain to this rulemaking: E:\FR\FM\18MYR1.SGM 18MYR1 28190 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: FEDERAL REGISTER DOCUMENTS PERTAINING TO THE FINAL RULE Date of publication Category Details 57 FR 22940 ............... May 29, 1992 ............. Final Rule ................... 64 FR 1276 ................. January 8, 1999 ......... Final Rule ................... 66 FR 31533 ............... June 12, 2001 ............ Interim Rule ................ 67 FR 30559 ............... May 7, 2002 ............... Final Rule ................... 68 FR 7703 ................. February 18, 2003 ...... Direct Final Rule ........ 68 FR 23035 ............... April 30, 2003 ............. 69 FR 60957 ............... October 14, 2004 ....... Affirmation of Direct Final Rule. Final Rule ................... 70 FR 76400 ............... December 27, 2005 ... Final Rule ................... 71 FR 49997 ............... August 24, 2006 ......... Final Rule ................... 72 FR 25688 ............... 75 FR 63088 ............... May 7, 2007 ............... October 14, 2010 ....... Final Rule ................... Final Rule ................... 76 FR 56109 ............... September 12, 2011 .. Final Rule ................... 77 FR 12477 ............... asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register citation March 1, 2012 ............ Final Rule ................... ‘‘Subsistence Management Regulations for Public Lands in Alaska; Final Rule’’ was published in the Federal Register. Amended the regulations to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsistence Board’s management to all Federal lands selected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an Alaska Native Corporation. Specified and clarified the Secretaries’ authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority. Expanded the authority that the Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. Amended the operating regulations in response to comments on the June 12, 2001, interim rule. Also corrected some inadvertent errors and oversights of previous rules. Clarified how old a person must be to receive certain subsistence use permits and removed the requirement that Regional Councils must have an odd number of members. Because no adverse comments were received on the direct final rule (67 FR 30559), the direct final rule was adopted. Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ‘‘regulatory year’’ from subpart A to subpart D of the regulations. Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in the regulations. Revised nonrural determinations. Amended the regulations for accepting and addressing special action requests and the role of the Regional Advisory Councils in the process. Revised the composition of the Federal Subsistence Board by expanding the Board by two public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska. Extended the compliance date for the final rule (72 FR 25688) that revised nonrural determinations until the Secretarial program review is complete or in 5 years, whichever comes first. A 1997 environmental assessment dealt with the expansion of Federal jurisdiction over fisheries and is available at the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with concurrence of the Secretary of Agriculture, determined that expansion of Federal jurisdiction does not constitute a major Federal action significantly affecting the human environment and, therefore, signed a Finding of No Significant Impact. Section 810 of ANILCA An ANILCA section 810 analysis was completed as part of the FEIS process on the Federal Subsistence Management VerDate Sep<11>2014 17:45 May 15, 2015 Jkt 235001 Program. The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. The final section 810 analysis determination appeared in the April 6, 1992, ROD and concluded that the Program, under Alternative IV with an annual process for setting subsistence regulations, may have some local impacts on subsistence uses, but will not likely restrict subsistence uses significantly. During the subsequent environmental assessment process for extending PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 fisheries jurisdiction, an evaluation of the effects of this rule was conducted in accordance with section 810. That evaluation also supported the Secretaries’ determination that the rule will not reach the ‘‘may significantly restrict’’ threshold that would require notice and hearings under ANILCA section 810(a). Paperwork Reduction Act An agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. This rule does not contain any new collections of E:\FR\FM\18MYR1.SGM 18MYR1 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations information that require OMB approval. OMB has reviewed and approved the collections of information associated with the subsistence regulations at 36 CFR part 242 and 50 CFR part 100, and assigned OMB Control Number 1018– 0075, which expires February 29, 2016. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. asabaliauskas on DSK5VPTVN1PROD with RULES Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires preparation of flexibility analyses for rules that will have a significant effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. In general, the resources to be harvested under this rule are already being harvested and consumed by the local harvester and do not result in an additional dollar benefit to the economy. However, we estimate that two million pounds of meat are harvested by subsistence users annually and, if given an estimated dollar value of $3.00 per pound, this amount would equate to about $6 million in food value Statewide. Based upon the amounts and values cited above, the Departments certify that this rulemaking will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. VerDate Sep<11>2014 17:45 May 15, 2015 Jkt 235001 Small Business Regulatory Enforcement Fairness Act Under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a major rule. It does not have an effect on the economy of $100 million or more, will not cause a major increase in costs or prices for consumers, and does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Executive Order 12630 Title VIII of ANILCA requires the Secretaries to administer a subsistence priority on public lands. The scope of this Program is limited by definition to certain public lands. Likewise, these regulations have no potential takings of private property implications as defined by Executive Order 12630. Unfunded Mandates Reform Act The Secretaries have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies and there is no cost imposed on any State or local entities or tribal governments. Executive Order 12988 The Secretaries have determined that these regulations meet the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. Executive Order 13132 In accordance with Executive Order 13132, the rule does not have sufficient Federalism implications to warrant the preparation of a Federalism summary impact statement. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands unless it meets certain requirements. Executive Order 13175 The Alaska National Interest Lands Conservation Act, Title VIII, does not provide specific rights to tribes for the subsistence taking of wildlife, fish, and shellfish. However, the Board provided Federally recognized Tribes and Alaska Native corporations opportunities to consult on this rule. Consultation with Alaska Native corporations are based on Public Law 108–199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 28191 by Public Law 108–447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides that: ‘‘The Director of the Office of Management and Budget and all Federal agencies shall hereafter consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175.’’ The Secretaries, through the Board, provided a variety of opportunities for consultation: Commenting on proposed changes to the existing rule; engaging in dialogue at the Regional council meetings; engaging in dialogue at the Board’s meetings; and providing input in person, by mail, email, or phone at any time during the rulemaking process. On January 21, 2015, the Board provided Federally recognized Tribes and Alaska Native Corporations a specific opportunity to consult on this rule prior to the start of its public regulatory meeting. Federally recognized Tribes and Alaska Native Corporations were notified by mail and telephone and were given the opportunity to attend in person or via teleconference. Executive Order 13211 This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. However, this rule is not a significant regulatory action under E.O. 13211, affecting energy supply, distribution, or use, and no Statement of Energy Effects is required. Drafting Information Theo Matuskowitz drafted these regulations under the guidance of Eugene R. Peltola, Jr. of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional assistance was provided by • Daniel Sharp, Alaska State Office, Bureau of Land Management; • Mary McBurney, Alaska Regional Office, National Park Service; • Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; • Trevor T. Fox, Alaska Regional Office, U.S. Fish and Wildlife Service; and • Thomas Whitford, Alaska Regional Office, U.S. Forest Service. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National E:\FR\FM\18MYR1.SGM 18MYR1 28192 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations forests, Public lands, Reporting and recordkeeping requirements, Wildlife. Regulation Promulgation For the reasons set out in the preamble, the Federal Subsistence Board amends title 36, part 242, and title 50, part 100, of the Code of Federal Regulations, as set forth below. PART ll—SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 continues to read as follows: ■ Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. Subpart D—Subsistence Taking of Fish and Wildlife 2. Amend § ll.25(a) by adding a definition for ‘‘Hook’’ in alphabetical order to read as follows: ■ § ll.25 Subsistence taking of fish, wildlife, and shellfish: general regulations. (a) * * * Hook means a single shanked fishhook with a single eye constructed with one or more points with or without barbs. A hook without a ‘‘barb’’ means the hook is manufactured without a barb or the barb has been completely removed or compressed so that barb is in complete contact with the shaft of the hook. * * * * * ■ 3. Amend § ll.27 by: ■ a. Revising paragraphs (e)(4)(ix) and (e)(13)(xiii)(E); and ■ b. Adding paragraphs (e)(10)(iv)(I) and (J) and (e)(13)(xx) and (xxi), to read as follows: § ll.27 Subsistence taking of fish. asabaliauskas on DSK5VPTVN1PROD with RULES * * * * * (e) * * * (4) * * * (ix) You may only take salmon by gillnet, beach seine, fish wheel, dipnet, or rod and reel subject to the restrictions set out in this section, except that you may also take salmon by spear in the Kanektok, and Arolik River drainages, and in the drainage of Goodnews Bay. * * * * * (10) * * * (iv) * * * (I) Residents of Ninilchik may harvest Sockeye, Chinook, Coho, and Pink salmon through an experimental community gillnet fishery in the Federal public waters of the upper mainstem of the Kasilof River from a Federal regulatory marker on the river below the outlet of Tustumena Lake downstream VerDate Sep<11>2014 17:45 May 15, 2015 Jkt 235001 to the Tustumena Lake boat launch July 1–31. The experimental community gillnet fishery will expire 5 years after approval of the first operational plan. (1) Only one community gillnet can be operated on the Kasilof River. The gillnet cannot be over 10 fathoms in length, and may not obstruct more than half of the river width with stationary fishing gear. Subsistence stationary gillnet gear may not be set within 200 feet of other subsistence stationary gear. (2) One registration permit will be available and will be awarded by the Federal in-season fishery manager, in consultation with the Kenai National Wildlife Refuge manager, based on the merits of the operational plan. The registration permit will be issued to an organization that, as the community gillnet owner, will be responsible for its use in consultation with the Federal fishery manager. The experimental community gillnet will be subject to compliance with Kenai National Wildlife Refuge regulations and restrictions. (i) Prior to the season, provide a written operational plan to the Federal fishery manager including a description of fishing method, mesh size requirements, fishing time and location, and how fish will be offered and distributed among households and residents of Ninilchik; (ii) After the season, provide written documentation of required evaluation information to the Federal fishery manager including, but not limited to, persons or households operating the gear, hours of operation, and number of each species caught and retained or released. (3) The gillnet owner (organization) may operate the net for subsistence purposes on behalf of residents of Ninilchik by requesting a subsistence fishing permit that: (i) Identifies a person who will be responsible for fishing the gillnet; (ii) Includes provisions for recording daily catches, the household to whom the catch was given, and other information determined to be necessary for effective resource management by the Federal fishery manager. (4) Fishing for Sockeye, Chinook, Coho and Pink salmon will be closed by Federal Special Action prior to the operational plan end dates if the annual total harvest limits for any salmon species is reached or suspended. (5) Salmon taken in the gillnet fishery will be included as part of dip net/rod and reel fishery annual total harvest limits for the Kasilof River. All fish harvested must be reported to the inseason manager within 72 hours of leaving the fishing location. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 (i) A portion of the total annual harvest limits for the Kasilof River will be allocated to the experimental community gillnet fishery. (ii) The gillnet fishery will be closed once the allocation limit is reached. (6) Salmon taken in the experimental community gillnet fishery will be included as part of the dip net/rod and reel fishery annual household limits for the Kasilof River. (7) Residents of Ninilchik may retain other species incidentally caught in the Kasilof River. When the retention of rainbow/steelhead trout has been restricted under Federal subsistence regulations, the gillnet fishery will be closed. (8) Before leaving the site, all harvested fish must be marked by removing their dorsal fin, and all retained fish must be recorded on the fishing permit. (9) Failure to respond to reporting requirements or return the completed harvest permit by the due date listed on the permit may result in issuance of a violation notice and will make you ineligible to receive a subsistence permit during the following regulatory year. (J) Residents of Ninilchik may harvest Sockeye, Chinook, Coho, and Pink salmon with a gillnet in the Federal public waters of the Kenai River. Residents of Ninilchik may retain other species incidentally caught in the Kenai River except for Rainbow trout and Dolly Varden 18 inches or longer. Rainbow trout and Dolly Varden 18 inches or greater must be released. (1) Only one community gillnet can be operated on the Kenai River. The gillnet cannot be over 10 fathoms in length to take salmon, and may not obstruct more than half of the river width with stationary fishing gear. Subsistence stationary gillnet gear may not be set within 200 feet of other subsistence stationary gear. (2) One registration permit will be available and will be awarded by the Federal in-season fishery manager, in consultation with the Kenai National Wildlife Refuge manager, based on the merits of the operational plan. The registration permit will be issued to an organization that, as the community gillnet owner, will be responsible for its use and removal in consultation with the Federal fishery manager. As part of the permit, the organization must: (i) Prior to the season, provide a written operational plan to the Federal fishery manager including a description of how fishing time and fish will be offered and distributed among households and residents of Ninilchik; E:\FR\FM\18MYR1.SGM 18MYR1 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations asabaliauskas on DSK5VPTVN1PROD with RULES (ii) After the season, provide written documentation of required evaluation information to the Federal fishery manager including, but not limited to, persons or households operating the gear, hours of operation, and number of each species caught and retained or released. (3) The gillnet owner (organization) may operate the net for subsistence purposes on behalf of residents of Ninilchik by requesting a subsistence fishing permit that: (i) Identifies a person who will be responsible for fishing the gillnet; (ii) Includes provisions for recording daily catches, the household to whom the catch was given, and other information determined to be necessary for effective resource management by the Federal fishery manager. (4) Fishing will be allowed from June 15 through August 15 on the Kenai River unless closed or otherwise restricted by Federal special action. (5) Salmon taken in the gillnet fishery will be included as part of the dip net/ rod and reel fishery annual total harvest limits for the Kenai River and as part of dip net/rod and reel household annual limits of participating households. (6) Fishing for each salmon species will end and the fishery will be closed by Federal special action prior to regulatory end dates if the annual total harvest limit for that species is reached or superseded by Federal special action. * * * * * (13) * * * (xiii) * * * (E) Fishing nets must be checked at least twice each day. The total annual guideline harvest level for the Stikine River fishery is 125 Chinook, 600 Sockeye, and 400 Coho salmon. All salmon harvested, including incidentally taken salmon, will count against the guideline for that species. * * * * * (xx) The Klawock River drainage is closed to the use of seines and gillnets during July and August. (xxi) The Federal public waters in the Makhnati Island area, as defined in § ll.3(b)(5) are closed to the harvest of herring and herring spawn except by Federally qualified users. Dated: April 29, 2015. Eugene R. Peltola, Jr., Assistant Regional Director, U.S. Fish and Wildlife Service, Acting Chair, Federal Subsistence Board. Dated: April 29, 2015. Thomas Whitford, Subsistence Program Leader, USDA—Forest Service. [FR Doc. 2015–11907 Filed 5–15–15; 8:45 am] BILLING CODE 3410–11–P; 4310–55–P VerDate Sep<11>2014 17:45 May 15, 2015 Jkt 235001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2015–0227; FRL–9927–68– Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Utah County—Trading of Motor Vehicle Emission Budgets for PM10 Transportation Conformity Environmental Protection Agency. ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Utah. On March 9, 2015, the Governor of Utah submitted a revision to the Utah SIP, adding a new rule regarding trading of motor vehicle emission budgets (MVEB) for Utah County. The rule allows trading from the motor vehicle emissions budget for primary particulate matter of 10 microns or less in diameter (PM10) to the motor vehicle emissions budget for nitrogen oxides (NOX), which is a PM10 precursor. The resulting motor vehicle emissions budgets for NOX and PM10 may then be used to demonstrate transportation conformity with the SIP. The EPA is taking this action under section 110 of the Clean Air Act (CAA). DATES: This rule is effective on July 17, 2015 without further notice, unless EPA receives adverse comment by June 17, 2015. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2015–0227, by one of the following methods: • http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Email: russ.tim@epa.gov • Fax: (303) 312–6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • Mail: Carl Daly, Director, Air Program, EPA, Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. • Hand Delivery: Carl Daly, Director, Air Program, EPA, Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays. Special arrangements SUMMARY: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 28193 should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R08–OAR–2015– 0227. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or email. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA, without going through http:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Section I, General Information of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly-available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the Air Program, EPA, Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket E:\FR\FM\18MYR1.SGM 18MYR1

Agencies

[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Rules and Regulations]
[Pages 28187-28193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11907]


=======================================================================
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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2013-0065; FXFR13350700640-156-FF07J00000; 
FBMS#4500076030]
RIN 1018-AZ67


Subsistence Management Regulations for Public Lands in Alaska--
2015-16 and 2016-17 Subsistence Taking of Fish Regulations

AGENCY: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule establishes regulations for seasons, harvest 
limits, methods, and means related to taking of fish for subsistence 
uses in Alaska during the 2015-2016 and 2016-2017 regulatory years. The 
Federal Subsistence Board (Board) completes the biennial process of 
revising subsistence hunting and trapping regulations in even-numbered 
years and subsistence fishing and shellfish regulations in odd-numbered 
years; public proposal and review processes take place during the 
preceding year. The Board also addresses customary and traditional use 
determinations during the applicable biennial cycle.

DATES: This rule is effective May 18, 2015.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 
121, Anchorage, AK 99503, or on the Office of Subsistence Management 
Web site (http://www.doi.gov/subsistence/index.cfm).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., 
Office of Subsistence Management; (907) 786-3888 or 
subsistence@fws.gov. For questions specific to National Forest System 
lands, contact Thomas Whitford, Regional Subsistence Program Leader, 
USDA, Forest Service, Alaska Region; (907) 743-9461 or 
twhitford@fs.fed.us.

SUPPLEMENTARY INFORMATION: 

Background

    Under Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and 
the Secretary of Agriculture (Secretaries) jointly implement the 
Federal Subsistence Management Program. This program provides a 
preference for take of fish and wildlife resources for subsistence uses 
on Federal public lands and waters in Alaska. The Secretaries published 
temporary regulations to carry out this program in the Federal Register 
on June 29, 1990 (55 FR 27114), and published final regulations in the 
Federal Register on May 29, 1992 (57 FR 22940). The Program has 
subsequently amended these regulations a number of times. Because this 
program is a joint effort between Interior and Agriculture, these 
regulations are located in two titles of the Code of Federal 
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' 
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-242.28 and 50 
CFR 100.1-100.28, respectively. The regulations contain subparts as 
follows: Subpart A, General Provisions; Subpart B, Program Structure; 
Subpart C, Board Determinations; and Subpart D, Subsistence Taking of 
Fish and Wildlife.
    Consistent with subpart B of these regulations, the Secretaries 
established a Federal Subsistence Board to administer the Federal 
Subsistence Management Program. The Board comprises:
     A Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
     The Alaska Regional Director, U.S. Fish and Wildlife 
Service;
     The Alaska Regional Director, U.S. National Park Service;
     The Alaska State Director, U.S. Bureau of Land Management;
     The Alaska Regional Director, U.S. Bureau of Indian 
Affairs;
     The Alaska Regional Forester, U.S. Forest Service; and
     Two public members appointed by the Secretary of the 
Interior with concurrence of the Secretary of Agriculture.
    Through the Board, these agencies participate in the development of 
regulations for subparts C and D, which, among other things, set forth 
program eligibility and specific harvest seasons and limits.
    In administering the program, the Secretaries divided Alaska into 
10 subsistence resource regions, each of which is represented by a 
Regional Advisory Council. The Regional Advisory Councils provide a 
forum for rural residents with personal knowledge of local conditions 
and resource requirements to have a meaningful role in the subsistence 
management of fish and wildlife on Federal public lands in Alaska. The 
Council members represent varied geographical, cultural, and user 
interests within each region.

[[Page 28188]]

    The Board addresses customary and traditional use determinations 
during the applicable biennial cycle. Section __.24 (customary and 
traditional use determinations) was originally published in the Federal 
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-
established, consistent pattern of use, incorporating beliefs and 
customs which have been transmitted from generation to generation. . . 
.'' Since 1992, the Board has made a number of customary and 
traditional use determinations at the request of affected subsistence 
users. Those modifications, along with some administrative corrections, 
were published in the Federal Register as follows:

                                          Modifications to Sec.   __.24
----------------------------------------------------------------------------------------------------------------
                                                                Rule made changes to the following provisions of
      Federal Register citation          Date of publication                          __.24
----------------------------------------------------------------------------------------------------------------
59 FR 27462..........................  May 27, 1994...........  Wildlife and Fish/Shellfish.
59 FR 51855..........................  October 13, 1994.......  Wildlife and Fish/Shellfish.
60 FR 10317..........................  February 24, 1995......  Wildlife and Fish/Shellfish.
61 FR 39698..........................  July 30, 1996..........  Wildlife and Fish/Shellfish.
62 FR 29016..........................  May 29, 1997...........  Wildlife and Fish/Shellfish.
63 FR 35332..........................  June 29, 1998..........  Wildlife and Fish/Shellfish.
63 FR 46148..........................  August 28, 1998........  Wildlife and Fish/Shellfish.
64 FR 1276...........................  January 8, 1999........  Fish/Shellfish.
64 FR 35776..........................  July 1, 1999...........  Wildlife.
65 FR 40730..........................  June 30, 2000..........  Wildlife.
66 FR 10142..........................  February 13, 2001......  Fish/Shellfish.
66 FR 33744..........................  June 25, 2001..........  Wildlife.
67 FR 5890...........................  February 7, 2002.......  Fish/Shellfish.
67 FR 43710..........................  June 28, 2002..........  Wildlife.
68 FR 7276...........................  February 12, 2003......  Fish/Shellfish.
69 FR 5018...........................  February 3, 2004.......  Fish/Shellfish.
69 FR 40174..........................  July 1, 2004...........  Wildlife.
70 FR 13377..........................  March 21, 2005.........  Fish/Shellfish.
70 FR 36268..........................  June 22, 2005..........  Wildlife.
71 FR 15569..........................  March 29, 2006.........  Fish/Shellfish.
71 FR 37642..........................  June 30, 2006..........  Wildlife.
72 FR 12676..........................  March 16, 2007.........  Fish/Shellfish.
72 FR 73426..........................  December 27, 2007......  Wildlife/Fish.
73 FR 35726..........................  June 26, 2008..........  Wildlife.
74 FR 14049..........................  March 30, 2009.........  Fish/Shellfish.
75 FR 37918..........................  June 30, 2010..........  Wildlife.
76 FR 12564..........................  March 8, 2011..........  Fish/Shellfish.
77 FR 35482..........................  June 13, 2012..........  Wildlife.
79 FR 35232..........................  June 19, 2014..........  Wildlife.
----------------------------------------------------------------------------------------------------------------

Current Rule

    The Departments published a proposed rule on January 10, 2014 (79 
FR 1791), to amend the fish section of subparts C and D of 36 CFR part 
242 and 50 CFR part 100. The proposed rule opened a comment period, 
which closed on March 28, 2014. The Departments advertised the proposed 
rule by mail, radio, and newspaper, and comments were submitted via 
www.regulations.gov to Docket No. FWS-R7-SM-2013-0065. During that 
period, the Regional Councils met and, in addition to other Regional 
Council business, received suggestions for proposals from the public. 
The Board received a total of 18 proposals for changes to subparts C 
and D; this included one proposal that the Board had deferred from the 
previous regulatory cycle. After the comment period closed, the Board 
prepared a booklet describing the proposals and distributed it to the 
public. The proposals were also available online. The public then had 
an additional 30 days in which to comment on the proposals for changes 
to the regulations.
    The 10 Regional Advisory Councils met again, received public 
comments, and formulated their recommendations to the Board on 
proposals for their respective regions. The Regional Advisory Councils 
had a substantial role in reviewing the proposed rule and making 
recommendations for the final rule. Moreover, a Council Chair, or a 
designated representative, presented each Council's recommendations at 
the Board's public meeting of January 21-23, 2015. These final 
regulations reflect Board review and consideration of Regional Advisory 
Council recommendations and public comments. The public received 
extensive opportunity to review and comment on all changes.
    Of the 18 proposals, 10 were on the Board's regular agenda and 8 
were on the consensus agenda. The consensus agenda is made up of 
proposals for which there is agreement among the affected Subsistence 
Regional Advisory Councils, a majority of the Interagency Staff 
Committee members, and the Alaska Department of Fish and Game 
concerning a proposed regulatory action. Any Board member may request 
that the Board remove a proposal from the consensus agenda and place it 
on the non-consensus (regular) agenda. The Board votes en masse on the 
consensus agenda after deliberation and action on all other proposals.
    Of the proposals on the consensus agenda, the Board adopted one, 
adopted one with modification, took no action on one, and rejected 
five. The adopted consensus proposals are reflected in the rule portion 
of this document and consist of the addition of a definition to Sec.  
___.25 and the addition of the last two subparagraphs in Sec.  __.27 
((e)(13)(xx) and (xxi)). Analysis and justification for each action are 
available for review at the Office of Subsistence Management, 1011 East 
Tudor Road, Mail Stop 121, Anchorage, AK 99503, or on the Office of 
Subsistence Management Web site (http://www.doi.gov/subsistence/

[[Page 28189]]

index.cfm). Of the proposals on the regular agenda, the Board adopted 
three; adopted two with modification; rejected two; and took no action 
on three.

Summary of Non-Consensus Proposals Not Adopted by the Board

    The Board rejected or took no action on five non-consensus 
proposals. The rejected proposals were recommended for rejection by one 
or more of the Regional Advisory Councils unless noted below.

Yukon--Northern Area

    The Board rejected a proposal to restrict the use of driftnets in 
selected districts of the Yukon River. This action would have been 
unnecessarily restrictive to subsistence users and was not supported by 
substantial evidence. This action was supported by three Councils and 
contrary to the recommendation of one Council.

Kuskokwim Area

    The Board took no action on one proposal to allow the use of 
dipnets with provisions to require the release of Chinook salmon. This 
decision was based on the Board's earlier action on a similar proposal 
allowing the use of dipnets.

Southeastern Alaska Area

    The Board rejected a proposal to require the immediate recording of 
harvested Steelhead on Prince of Wales Island, because the in-season 
manager could include the provision as a permit condition.
    The Board took no action on two proposals for the Stikine River. 
One proposal requested to change the subsistence Sockeye salmon annual 
guideline harvest level, and the second requested a requirement to 
check the nets every 2 hours. These decisions were based on its earlier 
action on a similar proposal requiring nets to be checked twice daily 
and eliminating the harvest level.

Summary of Non-Consensus Proposals Adopted by the Board

    The Board adopted or adopted with modification five non-consensus 
proposals. Modifications were suggested by the affected Regional 
Council(s), developed during the analysis process, or developed during 
the Board's public deliberations. All of the adopted proposals were 
recommended for adoption by at least one of the Regional Councils 
unless noted below.

Kuskokwim Area

    The Board adopted a proposal to allow the use of dipnets for the 
harvest of salmon on the Kuskokwim River. This action provides 
subsistence users an additional gear type that could be used when 
gillnet restrictions are in place for conservation concerns.

Cook Inlet Area

    The Board adopted a proposal with modification to establish an 
experimental community gillnet fishery on the Kasilof River for the 
residents of Ninilchik. This action provides additional opportunity for 
subsistence users.
    The Board adopted a proposal to establish a community gillnet 
fishery on the Kenai River for the residents of Ninilchik. This action 
provides additional opportunity for subsistence users.

Southeastern Alaska Area

    The Board adopted with modification a proposal requiring nets to be 
checked twice daily and eliminating the guideline harvest limits on the 
Stikine River. The change of the guideline harvest levels will require 
amending the Pacific Salmon treaty, and final implementation is 
contingent upon review and approval by the Transboundary Panel of the 
U.S./Canada Pacific Salmon Commission and approval by the Pacific 
Salmon Commission.
    The Board adopted a proposal to close Federal public waters to non-
Federally qualified users in the Makhnati Island area to the harvest of 
herring and herring spawn. This closure was enacted for potential 
conservation concerns and to protect subsistence uses. This action 
varied from the Council recommendation, yet met its intent.
    These final regulations reflect Board review and consideration of 
Regional Council recommendations and public and Tribal comments. 
Because this rule concerns public lands managed by an agency or 
agencies in both the Departments of Agriculture and the Interior, 
identical text will be incorporated into 36 CFR part 242 and 50 CFR 
part 100.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

    The Board has provided extensive opportunity for public input and 
involvement in compliance with Administrative Procedure Act 
requirements, including publishing a proposed rule in the Federal 
Register, participation in multiple Regional Council meetings, 
additional public review and comment on all proposals for regulatory 
change, and opportunity for additional public comment during the Board 
meeting prior to deliberation. Additionally, an administrative 
mechanism exists (and has been used by the public) to request 
reconsideration of the Board's decision on any particular proposal for 
regulatory change (36 CFR 242.20 and 50 CFR 100.20). Therefore, the 
Board believes that sufficient public notice and opportunity for 
involvement have been given to affected persons regarding Board 
decisions.
    In the more than 25 years that the Program has been operating, no 
benefit to the public has been demonstrated by delaying the effective 
date of the subsistence regulations. A lapse in regulatory control 
could affect the continued viability of fish or wildlife populations 
and future subsistence opportunities for rural Alaskans, and would 
generally fail to serve the overall public interest. Therefore, the 
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule 
effective upon the date set forth in DATES to ensure continued 
operation of the subsistence program.

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992. The Record of Decision (ROD) on Subsistence Management for 
Federal Public Lands in Alaska was signed April 6, 1992. The selected 
alternative in the FEIS (Alternative IV) defined the administrative 
framework of an annual regulatory cycle for subsistence regulations.
    The following Federal Register documents pertain to this 
rulemaking:

[[Page 28190]]



 Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
                                          Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
    Federal Register citation       Date of publication        Category                     Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940......................  May 29, 1992........  Final Rule.........  ``Subsistence Management
                                                                               Regulations for Public Lands in
                                                                               Alaska; Final Rule'' was
                                                                               published in the Federal
                                                                               Register.
64 FR 1276.......................  January 8, 1999.....  Final Rule.........  Amended the regulations to include
                                                                               subsistence activities occurring
                                                                               on inland navigable waters in
                                                                               which the United States has a
                                                                               reserved water right and to
                                                                               identify specific Federal land
                                                                               units where reserved water rights
                                                                               exist. Extended the Federal
                                                                               Subsistence Board's management to
                                                                               all Federal lands selected under
                                                                               the Alaska Native Claims
                                                                               Settlement Act and the Alaska
                                                                               Statehood Act and situated within
                                                                               the boundaries of a Conservation
                                                                               System Unit, National Recreation
                                                                               Area, National Conservation Area,
                                                                               or any new national forest or
                                                                               forest addition, until conveyed
                                                                               to the State of Alaska or to an
                                                                               Alaska Native Corporation.
                                                                               Specified and clarified the
                                                                               Secretaries' authority to
                                                                               determine when hunting, fishing,
                                                                               or trapping activities taking
                                                                               place in Alaska off the public
                                                                               lands interfere with the
                                                                               subsistence priority.
66 FR 31533......................  June 12, 2001.......  Interim Rule.......  Expanded the authority that the
                                                                               Board may delegate to agency
                                                                               field officials and clarified the
                                                                               procedures for enacting emergency
                                                                               or temporary restrictions,
                                                                               closures, or openings.
67 FR 30559......................  May 7, 2002.........  Final Rule.........  Amended the operating regulations
                                                                               in response to comments on the
                                                                               June 12, 2001, interim rule. Also
                                                                               corrected some inadvertent errors
                                                                               and oversights of previous rules.
68 FR 7703.......................  February 18, 2003...  Direct Final Rule..  Clarified how old a person must be
                                                                               to receive certain subsistence
                                                                               use permits and removed the
                                                                               requirement that Regional
                                                                               Councils must have an odd number
                                                                               of members.
68 FR 23035......................  April 30, 2003......  Affirmation of       Because no adverse comments were
                                                          Direct Final Rule.   received on the direct final rule
                                                                               (67 FR 30559), the direct final
                                                                               rule was adopted.
69 FR 60957......................  October 14, 2004....  Final Rule.........  Clarified the membership
                                                                               qualifications for Regional
                                                                               Advisory Council membership and
                                                                               relocated the definition of
                                                                               ``regulatory year'' from subpart
                                                                               A to subpart D of the
                                                                               regulations.
70 FR 76400......................  December 27, 2005...  Final Rule.........  Revised jurisdiction in marine
                                                                               waters and clarified jurisdiction
                                                                               relative to military lands.
71 FR 49997......................  August 24, 2006.....  Final Rule.........  Revised the jurisdiction of the
                                                                               subsistence program by adding
                                                                               submerged lands and waters in the
                                                                               area of Makhnati Island, near
                                                                               Sitka, AK. This allowed
                                                                               subsistence users to harvest
                                                                               marine resources in this area
                                                                               under seasons, harvest limits,
                                                                               and methods specified in the
                                                                               regulations.
72 FR 25688......................  May 7, 2007.........  Final Rule.........  Revised nonrural determinations.
75 FR 63088......................  October 14, 2010....  Final Rule.........  Amended the regulations for
                                                                               accepting and addressing special
                                                                               action requests and the role of
                                                                               the Regional Advisory Councils in
                                                                               the process.
76 FR 56109......................  September 12, 2011..  Final Rule.........  Revised the composition of the
                                                                               Federal Subsistence Board by
                                                                               expanding the Board by two public
                                                                               members who possess personal
                                                                               knowledge of and direct
                                                                               experience with subsistence uses
                                                                               in rural Alaska.
77 FR 12477......................  March 1, 2012.......  Final Rule.........  Extended the compliance date for
                                                                               the final rule (72 FR 25688) that
                                                                               revised nonrural determinations
                                                                               until the Secretarial program
                                                                               review is complete or in 5 years,
                                                                               whichever comes first.
----------------------------------------------------------------------------------------------------------------

    A 1997 environmental assessment dealt with the expansion of Federal 
jurisdiction over fisheries and is available at the office listed under 
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with 
concurrence of the Secretary of Agriculture, determined that expansion 
of Federal jurisdiction does not constitute a major Federal action 
significantly affecting the human environment and, therefore, signed a 
Finding of No Significant Impact.

Section 810 of ANILCA

    An ANILCA section 810 analysis was completed as part of the FEIS 
process on the Federal Subsistence Management Program. The intent of 
all Federal subsistence regulations is to accord subsistence uses of 
fish and wildlife on public lands a priority over the taking of fish 
and wildlife on such lands for other purposes, unless restriction is 
necessary to conserve healthy fish and wildlife populations. The final 
section 810 analysis determination appeared in the April 6, 1992, ROD 
and concluded that the Program, under Alternative IV with an annual 
process for setting subsistence regulations, may have some local 
impacts on subsistence uses, but will not likely restrict subsistence 
uses significantly.
    During the subsequent environmental assessment process for 
extending fisheries jurisdiction, an evaluation of the effects of this 
rule was conducted in accordance with section 810. That evaluation also 
supported the Secretaries' determination that the rule will not reach 
the ``may significantly restrict'' threshold that would require notice 
and hearings under ANILCA section 810(a).

Paperwork Reduction Act

    An agency may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid Office of Management and Budget (OMB) control number. This rule 
does not contain any new collections of

[[Page 28191]]

information that require OMB approval. OMB has reviewed and approved 
the collections of information associated with the subsistence 
regulations at 36 CFR part 242 and 50 CFR part 100, and assigned OMB 
Control Number 1018-0075, which expires February 29, 2016.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
In general, the resources to be harvested under this rule are already 
being harvested and consumed by the local harvester and do not result 
in an additional dollar benefit to the economy. However, we estimate 
that two million pounds of meat are harvested by subsistence users 
annually and, if given an estimated dollar value of $3.00 per pound, 
this amount would equate to about $6 million in food value Statewide. 
Based upon the amounts and values cited above, the Departments certify 
that this rulemaking will not have a significant economic effect on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this rule is not a major rule. It does not have an 
effect on the economy of $100 million or more, will not cause a major 
increase in costs or prices for consumers, and does not have 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of U.S.-based enterprises to 
compete with foreign-based enterprises.

Executive Order 12630

    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence priority on public lands. The scope of this Program is 
limited by definition to certain public lands. Likewise, these 
regulations have no potential takings of private property implications 
as defined by Executive Order 12630.

Unfunded Mandates Reform Act

    The Secretaries have determined and certify pursuant to the 
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State governments or private entities. The 
implementation of this rule is by Federal agencies and there is no cost 
imposed on any State or local entities or tribal governments.

Executive Order 12988

    The Secretaries have determined that these regulations meet the 
applicable standards provided in sections 3(a) and 3(b)(2) of Executive 
Order 12988, regarding civil justice reform.

Executive Order 13132

    In accordance with Executive Order 13132, the rule does not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism summary impact statement. Title VIII of ANILCA precludes the 
State from exercising subsistence management authority over fish and 
wildlife resources on Federal lands unless it meets certain 
requirements.

Executive Order 13175

    The Alaska National Interest Lands Conservation Act, Title VIII, 
does not provide specific rights to tribes for the subsistence taking 
of wildlife, fish, and shellfish. However, the Board provided Federally 
recognized Tribes and Alaska Native corporations opportunities to 
consult on this rule. Consultation with Alaska Native corporations are 
based on Public Law 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 
452, as amended by Public Law 108-447, div. H, title V, Sec. 518, Dec. 
8, 2004, 118 Stat. 3267, which provides that: ``The Director of the 
Office of Management and Budget and all Federal agencies shall 
hereafter consult with Alaska Native corporations on the same basis as 
Indian tribes under Executive Order No. 13175.''
    The Secretaries, through the Board, provided a variety of 
opportunities for consultation: Commenting on proposed changes to the 
existing rule; engaging in dialogue at the Regional council meetings; 
engaging in dialogue at the Board's meetings; and providing input in 
person, by mail, email, or phone at any time during the rulemaking 
process.
    On January 21, 2015, the Board provided Federally recognized Tribes 
and Alaska Native Corporations a specific opportunity to consult on 
this rule prior to the start of its public regulatory meeting. 
Federally recognized Tribes and Alaska Native Corporations were 
notified by mail and telephone and were given the opportunity to attend 
in person or via teleconference.

Executive Order 13211

    This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. However, this rule is 
not a significant regulatory action under E.O. 13211, affecting energy 
supply, distribution, or use, and no Statement of Energy Effects is 
required.

Drafting Information

    Theo Matuskowitz drafted these regulations under the guidance of 
Eugene R. Peltola, Jr. of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Additional assistance was provided by
     Daniel Sharp, Alaska State Office, Bureau of Land 
Management;
     Mary McBurney, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Trevor T. Fox, Alaska Regional Office, U.S. Fish and 
Wildlife Service; and
     Thomas Whitford, Alaska Regional Office, U.S. Forest 
Service.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National

[[Page 28192]]

forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

Regulation Promulgation

    For the reasons set out in the preamble, the Federal Subsistence 
Board amends title 36, part 242, and title 50, part 100, of the Code of 
Federal Regulations, as set forth below.

PART __--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 
continues to read as follows:

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.

Subpart D--Subsistence Taking of Fish and Wildlife

0
2. Amend Sec.  __.25(a) by adding a definition for ``Hook'' in 
alphabetical order to read as follows:


Sec.  __.25  Subsistence taking of fish, wildlife, and shellfish: 
general regulations.

    (a) * * *
    Hook means a single shanked fishhook with a single eye constructed 
with one or more points with or without barbs. A hook without a 
``barb'' means the hook is manufactured without a barb or the barb has 
been completely removed or compressed so that barb is in complete 
contact with the shaft of the hook.
* * * * *

0
3. Amend Sec.  __.27 by:
0
a. Revising paragraphs (e)(4)(ix) and (e)(13)(xiii)(E); and
0
b. Adding paragraphs (e)(10)(iv)(I) and (J) and (e)(13)(xx) and (xxi), 
to read as follows:


Sec.  __.27  Subsistence taking of fish.

* * * * *
    (e) * * *
    (4) * * *
    (ix) You may only take salmon by gillnet, beach seine, fish wheel, 
dipnet, or rod and reel subject to the restrictions set out in this 
section, except that you may also take salmon by spear in the Kanektok, 
and Arolik River drainages, and in the drainage of Goodnews Bay.
* * * * *
    (10) * * *
    (iv) * * *
    (I) Residents of Ninilchik may harvest Sockeye, Chinook, Coho, and 
Pink salmon through an experimental community gillnet fishery in the 
Federal public waters of the upper mainstem of the Kasilof River from a 
Federal regulatory marker on the river below the outlet of Tustumena 
Lake downstream to the Tustumena Lake boat launch July 1-31. The 
experimental community gillnet fishery will expire 5 years after 
approval of the first operational plan.
    (1) Only one community gillnet can be operated on the Kasilof 
River. The gillnet cannot be over 10 fathoms in length, and may not 
obstruct more than half of the river width with stationary fishing 
gear. Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (2) One registration permit will be available and will be awarded 
by the Federal in-season fishery manager, in consultation with the 
Kenai National Wildlife Refuge manager, based on the merits of the 
operational plan. The registration permit will be issued to an 
organization that, as the community gillnet owner, will be responsible 
for its use in consultation with the Federal fishery manager. The 
experimental community gillnet will be subject to compliance with Kenai 
National Wildlife Refuge regulations and restrictions.
    (i) Prior to the season, provide a written operational plan to the 
Federal fishery manager including a description of fishing method, mesh 
size requirements, fishing time and location, and how fish will be 
offered and distributed among households and residents of Ninilchik;
    (ii) After the season, provide written documentation of required 
evaluation information to the Federal fishery manager including, but 
not limited to, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (3) The gillnet owner (organization) may operate the net for 
subsistence purposes on behalf of residents of Ninilchik by requesting 
a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for fishing the 
gillnet;
    (ii) Includes provisions for recording daily catches, the household 
to whom the catch was given, and other information determined to be 
necessary for effective resource management by the Federal fishery 
manager.
    (4) Fishing for Sockeye, Chinook, Coho and Pink salmon will be 
closed by Federal Special Action prior to the operational plan end 
dates if the annual total harvest limits for any salmon species is 
reached or suspended.
    (5) Salmon taken in the gillnet fishery will be included as part of 
dip net/rod and reel fishery annual total harvest limits for the 
Kasilof River. All fish harvested must be reported to the in-season 
manager within 72 hours of leaving the fishing location.
    (i) A portion of the total annual harvest limits for the Kasilof 
River will be allocated to the experimental community gillnet fishery.
    (ii) The gillnet fishery will be closed once the allocation limit 
is reached.
    (6) Salmon taken in the experimental community gillnet fishery will 
be included as part of the dip net/rod and reel fishery annual 
household limits for the Kasilof River.
    (7) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River. When the retention of rainbow/steelhead 
trout has been restricted under Federal subsistence regulations, the 
gillnet fishery will be closed.
    (8) Before leaving the site, all harvested fish must be marked by 
removing their dorsal fin, and all retained fish must be recorded on 
the fishing permit.
    (9) Failure to respond to reporting requirements or return the 
completed harvest permit by the due date listed on the permit may 
result in issuance of a violation notice and will make you ineligible 
to receive a subsistence permit during the following regulatory year.
    (J) Residents of Ninilchik may harvest Sockeye, Chinook, Coho, and 
Pink salmon with a gillnet in the Federal public waters of the Kenai 
River. Residents of Ninilchik may retain other species incidentally 
caught in the Kenai River except for Rainbow trout and Dolly Varden 18 
inches or longer. Rainbow trout and Dolly Varden 18 inches or greater 
must be released.
    (1) Only one community gillnet can be operated on the Kenai River. 
The gillnet cannot be over 10 fathoms in length to take salmon, and may 
not obstruct more than half of the river width with stationary fishing 
gear. Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (2) One registration permit will be available and will be awarded 
by the Federal in-season fishery manager, in consultation with the 
Kenai National Wildlife Refuge manager, based on the merits of the 
operational plan. The registration permit will be issued to an 
organization that, as the community gillnet owner, will be responsible 
for its use and removal in consultation with the Federal fishery 
manager. As part of the permit, the organization must:
    (i) Prior to the season, provide a written operational plan to the 
Federal fishery manager including a description of how fishing time and 
fish will be offered and distributed among households and residents of 
Ninilchik;

[[Page 28193]]

    (ii) After the season, provide written documentation of required 
evaluation information to the Federal fishery manager including, but 
not limited to, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (3) The gillnet owner (organization) may operate the net for 
subsistence purposes on behalf of residents of Ninilchik by requesting 
a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for fishing the 
gillnet;
    (ii) Includes provisions for recording daily catches, the household 
to whom the catch was given, and other information determined to be 
necessary for effective resource management by the Federal fishery 
manager.
    (4) Fishing will be allowed from June 15 through August 15 on the 
Kenai River unless closed or otherwise restricted by Federal special 
action.
    (5) Salmon taken in the gillnet fishery will be included as part of 
the dip net/rod and reel fishery annual total harvest limits for the 
Kenai River and as part of dip net/rod and reel household annual limits 
of participating households.
    (6) Fishing for each salmon species will end and the fishery will 
be closed by Federal special action prior to regulatory end dates if 
the annual total harvest limit for that species is reached or 
superseded by Federal special action.
* * * * *
    (13) * * *
    (xiii) * * *
    (E) Fishing nets must be checked at least twice each day. The total 
annual guideline harvest level for the Stikine River fishery is 125 
Chinook, 600 Sockeye, and 400 Coho salmon. All salmon harvested, 
including incidentally taken salmon, will count against the guideline 
for that species.
* * * * *
    (xx) The Klawock River drainage is closed to the use of seines and 
gillnets during July and August.
    (xxi) The Federal public waters in the Makhnati Island area, as 
defined in Sec.  __.3(b)(5) are closed to the harvest of herring and 
herring spawn except by Federally qualified users.

    Dated: April 29, 2015.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting 
Chair, Federal Subsistence Board.

    Dated: April 29, 2015.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2015-11907 Filed 5-15-15; 8:45 am]
 BILLING CODE 3410-11-P; 4310-55-P