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
(https://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
(https://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:
• https://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 https://
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 https://
www.regulations.gov or email. The
https://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 https://
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 https://
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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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 (https://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 (https://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