Subsistence Management Regulations for Public Lands in Alaska-Cook Inlet Area Regulations, 49322-49330 [2018-21218]
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AD, if those actions were performed before
the effective date of this AD, using
Bombardier Service Bulletin 601R–57–048,
Revision B, dated August 24, 2012.
(4) This paragraph provides credit for
actions required by paragraph (m)(1) of this
AD, if those actions were performed before
the effective date of this AD, using Part G of
the Accomplishment Instructions of
Bombardier Service Bulletin 601R–57–046,
Revision B, dated August 24, 2012.
(5) This paragraph provides credit for
actions required by paragraph (m)(2) of this
AD, if those actions were performed before
the effective date of this AD, using Part C of
the Accomplishment Instructions of
Bombardier Service Bulletin 601R–57–048,
Revision B, dated August 24, 2012.
(o) Repairs and Alternative Actions or
Intervals
(1) If any damage is found during an
inspection required by the AWLs identified
in figure 1 to paragraphs (i) and (o) of this
AD, repair before further flight using a
method approved by the Manager, New York
ACO Branch, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.’s TCCA
Design Approval Organization (DAO). If
approved by the DAO, the approval must
include the DAO-authorized signature. The
approved repair instructions must
specifically refer to this AD or Canadian AD
CF–2017–27, dated August 2, 2017.
(2) Repairs approved by Bombardier, Inc.,
that deviate from the AWLs identified in
figure 1 to paragraphs (i) and (o) of this AD
are acceptable methods of compliance if
approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Bombardier, Inc.’s
TCCA DAO. If approved by the DAO, the
approval must include the DAO-authorized
signature. The approved repair instructions
must specifically refer to this AD or Canadian
AD CF–2017–27, dated August 2, 2017.
(3) For repairs approved before the
effective date of this AD that affect the AWLs
identified in figure 1 to paragraphs (i) and (o)
of this AD and the approved repair
instructions do not specifically refer to
Canadian AD CF–2017–27, dated August 2,
2017: Within 6 months of the effective date
of this AD, contact the Manager, New York
ACO Branch, FAA; or TCCA; or Bombardier,
Inc.’s TCCA DAO Inc., for new or revised
limitations or inspection requirements on the
repair area and comply with the revised
limitations or inspections requirements. The
new or revised limitations or inspection
requirements must specifically refer to this
AD or Canadian AD CF–2017–27, dated
August 2, 2017.
(4) Canadian AMOC No. AARDG–2018/
A21, dated May 1, 2018, which was approved
before the effective date of this AD by TCCA,
is an acceptable method of compliance to the
corresponding requirements of this AD.
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the local
flight standards district office/certificate
holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or TCCA; or Bombardier, Inc.’s TCCA
DAO. If approved by the DAO, the approval
must include the DAO-authorized signature.
The approved corrective action instructions
must specifically refer to this AD or Canadian
AD CF–2017–27, dated August 2, 2017.
DEPARTMENT OF AGRICULTURE
(q) Related Information
This proposed rule would
revise the regulations for seasons,
harvest limits, and methods and means
for the subsistence taking of fish in the
Cook Inlet Area of Alaska. This action
would also reorganize specific
regulations addressing the Kenai River,
which would provide clarity for the
public, and allow the Federal
Subsistence Board to correct regulatory
conflicts that have arisen based on
recent rulemaking.
DATES:
Public meetings: The Southcentral
Federal Subsistence Regional Advisory
Council will hold a public meeting
October 29–30, 2018, to receive
comments, make proposals to change
this proposed rule, and make
recommendations to the Federal
Subsistence Board. The Board will
discuss and evaluate proposed
regulatory changes during a public
meeting in January 2019. See
SUPPLEMENTARY INFORMATION for specific
information on the public meetings.
Public comments: Comments and
proposals to change this proposed rule
must be received or postmarked by
October 31, 2018.
ADDRESSES:
Public meetings: The Federal
Subsistence Board and the Southcentral
Federal Subsistence Regional Advisory
Council will hold public meetings at
various locations in Alaska. See
SUPPLEMENTARY INFORMATION for specific
information on the dates and locations
of the public meetings.
Public comments: You may submit
comments by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
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September 11, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
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36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS–R7–SM–2018–0003;
FXRS12610700000–189–FF07J00000; FBMS
#4500124645]
RIN 1018–BB99
Subsistence Management Regulations
for Public Lands in Alaska—Cook Inlet
Area Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:
SUMMARY:
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
Airworthiness Directive CF–2017–27, dated
August 2, 2017, for related information. This
MCAI may be found in the AD docket on the
internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2018–0801.
(2) For more information about this AD,
contact Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Section,
FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7329; fax 516–794–5531.
(3) For service information identified in
this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; Widebody Customer Response
Center North America toll-free telephone 1–
866–538–1247 or direct-dial telephone 1–
514–855–2999; fax 514–855–7401; email
ac.yul@aero.bombardier.com; internet https://
www.bombardier.com. You may view this
service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(p) Other FAA AD Provisions
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
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www.regulations.gov and search for
FWS–R7–SM–2018–0003, which is the
docket number for this rulemaking.
• By hard copy: U.S. mail or handdelivery to: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503–
6199, or hand delivery to the Designated
Federal Official attending the
Southcentral Federal Subsistence
Regional Advisory Council public
meeting. See SUPPLEMENTARY
INFORMATION for additional information
on locations of the public meetings.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Review Process section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Thomas C.J. Doolittle, 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:
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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 (hereafter
referred to as ‘‘the Secretaries’’) jointly
implement the Federal Subsistence
Management Program (hereafter referred
to as ‘‘the Program’’). The Program
provides a preference for take of fish
and wildlife resources for subsistence
uses on Federal public lands and waters
in Alaska. Only Alaska residents of
areas identified as rural are eligible to
participate in the Program. The
Secretaries published temporary
regulations to carry out the Program in
the Federal Register on June 29, 1990
(55 FR 27114), and final regulations on
May 29, 1992 (57 FR 22940). Program
officials have subsequently amended
these regulations a number of times.
Because the Program is a joint effort
between the Departments of the Interior
and Agriculture, these regulations are
located in two titles of the Code of
Federal Regulations (CFR): The
Agriculture regulations are at title 36,
‘‘Parks, Forests, and Public Property,’’
and the Interior regulations are at title
50, ‘‘Wildlife and Fisheries,’’ at 36 CFR
242.1–28 and 50 CFR 100.1–28,
respectively. Consequently, to indicate
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that identical changes are proposed for
regulations in both titles 36 and 50, in
this document we will present
references to specific sections of the
CFR as shown in the following example:
§ ll.27.
The Program 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 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,
National Park Service;
• The Alaska State Director, Bureau
of Land Management;
• The Alaska Regional Director,
Bureau of Indian Affairs;
• The Alaska Regional Forester,
USDA 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
and public members participate in the
development of regulations for subparts
C and D. Subpart C sets forth important
Board determinations regarding program
eligibility, i.e., which areas of Alaska are
considered rural and which species are
harvested in those areas as part of a
‘‘customary and traditional use’’ for
subsistence purposes. Subpart D sets
forth 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 Regional Advisory Council
members represent varied geographical,
cultural, and user interests within each
region.
Public Review Process—Comments,
Proposals, and Public Meetings
The Southcentral Federal Subsistence
Regional Advisory Council will have a
substantial role in reviewing this
proposed rule and making
recommendations for the final rule. The
Federal Subsistence Board, through the
Southcentral Federal Subsistence
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Regional Advisory Council, will hold a
public meeting on this proposed rule in
Cordova, AK, beginning October 29,
2018.
The location and date may change
based on weather or local
circumstances. The amount of work on
the Southcentral Regional Advisory
Council’s agenda will determine the
length of the meeting.
The Board will discuss and evaluate
proposed changes to this proposed rule
during a public meeting to be held in
Anchorage, AK, in January 2019. The
Federal Subsistence Regional Advisory
Council Chairs, or their designated
representatives, will present their
respective Councils’ recommendations
at the Board meeting. Additional oral
testimony may be provided on this
proposed rule to the Board at that time.
At that public meeting, the Board will
deliberate and take final action on this
proposed rule. Specific information
about the meeting locations may be
obtained closer to the meeting dates
from the contacts listed in FOR FURTHER
INFORMATION CONTACT.
You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. If you submit a comment via
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the website. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov at Docket
No. FWS–R7–SM–2018–0003, or by
appointment, between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is
committed to providing access to these
meetings for all participants. Please
direct all requests for sign language
interpreting services, closed captioning,
or other accommodation needs to Caron
McKee, 907–786–3880, subsistence@
fws.gov, or 800–877–8339 (TTY), seven
business days prior to the meeting you
would like to attend.
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Tribal Consultation and Comment
As expressed in Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’ the
Federal officials that have been
delegated authority by the Secretaries
are committed to honoring the unique
government-to-government political
relationship that exists between the
Federal Government and Federally
Recognized Indian Tribes (Tribes) as
listed in 82 FR 4915 (January 17, 2017).
Consultation with Alaska Native
corporations is 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.’’
ANILCA does not provide specific
rights to Tribes for the subsistence
taking of wildlife, fish, and shellfish.
However, because tribal members are
affected by subsistence fishing, hunting,
and trapping regulations, the
Secretaries, through the Board, will
provide Federally recognized Tribes and
Alaska Native corporations an
opportunity to consult on this proposed
rule.
The Board will engage in outreach
efforts for this proposed rule, including
a notification letter, to ensure that
Tribes and Alaska Native corporations
are advised of the mechanisms by which
they can participate. The Board will
provide a variety of opportunities for
consultation: Commenting on proposed
changes to the existing rule; engaging in
dialogue at the Regional Advisory
Council meeting; engaging in dialogue
at the Board meeting; and providing
input in person, by mail, email, or
phone at any time during the
rulemaking process. The Board will
commit to efficiently and adequately
providing an opportunity to Tribes and
Alaska Native corporations for
consultation in regard to subsistence
rulemaking.
The Board will consider Tribes’ and
Alaska Native corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
Developing the Cook Inlet Area
Proposed Regulations
In titles 36 and 50 of the CFR, the
subparts C and D regulations are subject
to periodic review and revision. The
Board currently completes the process
of revising subsistence take of fish and
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shellfish regulations in odd-numbered
years and wildlife regulations in evennumbered years; public proposal and
review processes take place during the
preceding year. The Board also
addresses customary and traditional use
determinations during the applicable
cycle, and nonrural determinations
during the fish and shellfish cycle.
The current Cook Inlet Area
subsistence regulations were revised on
May 18, 2015 (80 FR 28187). Two of the
revisions addressed community gillnets
on the Kasilof and Kenai rivers. While
the intent of providing additional
opportunities for subsistence users was
met, details concerning the harvest
limits were difficult and confusing to
the public since they overlapped with
other active subsistence fisheries on
these rivers. In addition, the new
regulations were in conflict with
existing regulations dealing with earlyand late-run Chinook salmon, and
various size limits for rainbow trout and
Dolly Varden.
The Board directed program and field
staff to develop recommendations to
alleviate these concerns from the
Council and members of the public.
While some of the size limits are needed
as management tools in certain fisheries,
the limits are not required in other
fisheries. Issues with early and late runs
of Chinook salmon will require new
regulations addressing early-run fish.
In the interim, the Board addressed
these concerns through the special
action process as defined in § __.19 of
these regulations.
This proposed rule reflects the
combined efforts of program and field
staff, staff from other agencies
participating in the Federal program,
and members of the public and tribal
entities affected by these regulations.
Compliance With Statutory and
Regulatory Authorities
National Environmental Policy Act
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.
A 1997 environmental assessment
dealt with the expansion of Federal
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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 Federal Subsistence
Management 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 the subsistence program
regulations was conducted in
accordance with section 810. That
evaluation also supported the
Secretaries’ determination that the
regulations will not reach the ‘‘may
significantly restrict’’ threshold that
would require notice and hearings
under ANILCA section 810(a).
Paperwork Reduction Act (PRA)
This proposed rule does not contain
any new collections of information that
require Office of Management and
Budget (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 June 30, 2019. 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 OMB control number.
Regulatory Planning and Review
(Executive Order 12866)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
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significant rules. OIRA has determined
that this proposed 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 proposed 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
proposed 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.
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Small Business Regulatory Enforcement
Fairness Act
Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.), this proposed rule is not a major
rule. It will 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 will 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.
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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
proposed 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 proposed rule does not have
sufficient Federalism implications to
warrant the preparation of a Federalism
Assessment. 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
Title VIII of ANILCA does not provide
specific rights to tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, the Secretaries,
through the Board, will provide
Federally recognized Tribes and Alaska
Native corporations an opportunity to
consult on this proposed rule, as
discussed above under Tribal
Consultation and Comment.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed 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 this
proposed rule under the guidance of
Thomas C.J. Doolittle of the Office of
Subsistence Management, Alaska
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Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional
assistance was provided by:
• Daniel Sharp, Alaska State Office,
Bureau of Land Management;
• Clarence Summers, Alaska Regional
Office, National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Carol Damberg, Alaska Regional
Office, U.S. Fish and Wildlife Service;
and
• Thomas Whitford, Alaska Regional
Office, USDA–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
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
Proposed Regulation Promulgation
For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
242 and 50 CFR part 100 as set forth
below.
PARTll—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 36 CFR part 242 and 50 CFR
part 100 by revising § ll.27(e)(10) to
read as follows:
■
§ ll.27
Subsistence taking of fish.
*
*
*
*
*
(e) * * *
(10) Cook Inlet Area. The Cook Inlet
Area includes all waters of Alaska
enclosed by a line extending east from
Cape Douglas (58°51.10′ N Lat.) and a
line extending south from Cape Fairfield
(148°50.25′ W Long.).
(i) General area regulations.
(A) Unless restricted by regulations in
this section, or unless restricted under
the terms of a subsistence fishing
permit, you may take fish at any time in
the Cook Inlet Area.
(B) If you take rainbow or steelhead
trout incidentally in subsistence net
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fisheries, you may retain them for
subsistence purposes, unless otherwise
prohibited or provided for in this
section. With jigging gear through the
ice or rod-and-reel gear in open waters,
there is an annual limit of two rainbow
or steelhead trout 20 inches or longer,
taken from Kenai Peninsula fresh
waters.
(C) Under the authority of a Federal
subsistence fishing permit, you may
take only salmon, trout, Dolly Varden,
and other char.
(D) All fish taken under the authority
of a Federal subsistence fishing permit
must be marked and recorded prior to
leaving the fishing site.
(1) The fishing site includes the
particular Federal public waters and/or
adjacent shoreline from which the fish
were harvested.
(2) Marking means removing the
dorsal fin.
(E) You may not take grayling or
burbot for subsistence purposes.
(F) You may take smelt with dip nets
in fresh water only from April 1 through
June 15. There are no harvest or
possession limits for smelt.
(G) You may take whitefish in the
Tyone River drainage using gillnets.
(H) You may take fish by gear listed
in this section unless restricted by other
regulations in this section or under the
terms of a Federal subsistence fishing
permit (as may be modified by
regulations in this section).
(I) Seasons, harvest and possession
limits, and methods and means for take
are the same as for the taking of those
species under Alaska sport fishing
regulations (5 AAC 56 and 5 AAC 57)
unless modified herein or by issuance of
a Federal special action.
(J) Applicable harvest provisions are
as follows:
Permit
Location
Methods and means
Household Annual Permit ..................
Kasilof River Drainage ..........
Kasilof dip net or rod and reel for salmon; Kasilof fish wheel for salmon;
Kasilof experimental gillnet for salmon.
Kenai dip net or rod and reel for salmon; Kenai gillnet for salmon.
Tustumena Lake rod and reel for salmon; Kasilof drainage rod and reel
for resident species.
Kenai rod and reel only for salmon; Kenai River and tributaries under ice
jigging and rod and reel for resident species.
Tustumena Lake under ice fishery.
General Subsistence Fishing Permit
(Daily/Possession Limits).
Kenai River Drainage ...........
Kasilof River Drainage ..........
Kenai River Drainage ...........
Tustumena Lake Winter Permit .........
Tustumena Lake ...................
reported to the Federal in-season
manager within 72 hours of leaving the
fishing site.
(4) For Ninilchik residents, the
household annual limits for Chinook
salmon in the Kasilof River and for late-
(1) Harvest limits may not be
accumulated.
(2) Each household may harvest its
annual salmon limits in one or more
days.
(3) All salmon harvested as part of a
household annual limit must be
run Chinook salmon in the Kenai River
are combined.
(ii) Seasons, harvest limits, and
methods and means for Kasilof
fisheries. Household annual limits for
salmon in Kasilof River fisheries are as
follows:
Number of fish
allowed for each
permit holder
Species
Sockeye .......................................................................................................................................................
Chinook ........................................................................................................................................................
Coho ............................................................................................................................................................
Pink ..............................................................................................................................................................
amozie on DSK3GDR082PROD with PROPOSALS1
(A) Kasilof dip net or rod and reel;
salmon.
(1) Residents of Ninilchik may take
sockeye, Chinook, coho, and pink
salmon through a dip net or rod and reel
fishery on the upper mainstem of the
Kasilof River from a Federal regulatory
marker on the river below the outlet of
Tustumena Lake downstream to a
marker on the river approximately 2.8
miles below the Tustumena Lake boat
ramp.
Species
Season
Sockeye salmon ..............................
Chinook salmon ..............................
Coho salmon ...................................
Pink salmon .....................................
Rainbow and steelhead trout ..........
June 16–August 15 .......................
June 16–August 15 .......................
June 16–October 31 ......................
June 16–October 31 ......................
April 1–August 15 ..........................
(B) Kasilof fish wheel; salmon.
(1) Residents of Ninilchik may harvest
sockeye, Chinook, coho, and pink
salmon through a fish wheel fishery in
the Federal public waters of the upper
mainstem of the Kasilof River.
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5
2
2
2
(2) Residents using rod-and-reel gear
may fish with up to two baited single or
treble hooks.
(3) Harvest seasons are as follows:
Harvest limits
The Federal in-season manager will close the take of rainbow and
steelhead trout after 200 have been harvested.
(2) Residents of Ninilchik may retain
other species incidentally caught in the
Kasilof River fish wheel except for
rainbow or steelhead trout, which must
be released and returned unharmed to
the water.
PO 00000
25
10
10
10
Additional fish
allowed for each
household
member
Fmt 4702
Sfmt 4702
(3) Only one fish wheel may be
operated on the Kasilof River. The fish
wheel must: Have a live box, be
monitored when fishing, be stopped
from fishing when it is not being
monitored or used, and be installed and
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Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules
amozie on DSK3GDR082PROD with PROPOSALS1
operated in compliance with any
regulations and restrictions for its use
within the Kenai National Wildlife
Refuge.
(4) 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 fish wheel
owner, will be responsible for its
construction, installation, operation,
use, and removal in consultation with
the Federal fishery manager. The owner
may not rent or lease the fish wheel for
personal gain. 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.
(ii) During the season: Mark the fish
wheel with a wood, metal, or plastic
plate that is at least 12 inches high by
12 inches wide, permanently affixed,
and plainly visible and that contains the
following information in letters and
numerals at least 1 inch high:
Registration permit number;
organization’s name and address; and
primary contact person name and
telephone number.
(iii) 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.
(5) People operating the fish wheel
must:
(i) Have in possession a valid Federal
subsistence fishing permit and remain
onsite to monitor the fish wheel and
remove all fish at least every hour.
(ii) In addition, any person operating
the fish wheel who is not the owner
must attach to the fish wheel an
additional wood, metal, or plastic plate
that is at least 12 inches high by 12
inches wide, is plainly visible, and
contains the person’s fishing permit
number, name, and address in letters
and numerals at least 1 inch high.
(6) The organization owning the fish
wheel may operate the fish wheel 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 operating the fish wheel;
and
(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.
(7) Fishing is allowed from June 16
through October 31 on the Kasilof River
unless closed or otherwise restricted by
Federal special action.
(C) Kasilof experimental gillnet;
salmon.
(1) 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 June
16 through August 15.
(2) The experimental community
gillnet fishery will expire July 13, 2020.
(3) Only one community gillnet may
be operated on the Kasilof River. The
gillnet may not be over 10 fathoms in
length and may not obstruct more than
half of the river width with stationary
fishing gear. In addition, subsistence
stationary gillnet gear may not be set
within 200 feet of other subsistence
stationary gear.
(4) 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 only
to an organization that, as the
community gillnet owner, will be
responsible for its use 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 fishing method, mesh size
Species
Size
Coho salmon ......................................................
Pink salmon ........................................................
16 inches and longer .......................................
16 inches and longer .......................................
(E) Kasilof drainage rod and reel;
resident species. Resident fish species
including lake trout, rainbow or
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Fmt 4702
Sfmt 4702
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.
(5) The experimental community
gillnet is subject to compliance with
applicable Kenai National Wildlife
Refuge regulations and restrictions. It is
the obligation of the gillnet owner to be
familiar with such regulations and
restrictions.
(6) The organization owning the
gillnet may operate the net for
subsistence purposes on behalf of
residents of Ninilchik by requesting a
subsistence fishing permit that
identifies a person who will be
responsible for fishing the gillnet and
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.
(7) Residents of Ninilchik may retain
other species incidentally caught in the
Kasilof River experimental community
gillnet fishery. The gillnet fishery will
be closed when the retention of rainbow
or steelhead trout has been restricted
under Federal subsistence regulations.
(D) Tustumena Lake rod and reel;
salmon.
(1) In addition to the dip net and rod
and reel fishery on the upper mainstem
of the Kasilof River described under
paragraph (e)(10)(ii)(B) of this section,
residents of Ninilchik may also take
coho and pink salmon through a rod
and reel fishery in Tustumena Lake.
Fishing is allowed with up to two baited
single or treble hooks.
(2) Seasons, areas, harvest and
possession limits, and methods and
means for take are the same as for the
taking of these species under Alaska
sport fishing regulations (5 AAC 56),
except for the following harvest and
possession limits:
Limits
steelhead trout, and Dolly Varden or
Arctic char may be harvested by rod and
reel in Federally managed waters of the
PO 00000
49327
4 per day and 4 in possession.
6 per day and 6 in possession.
Kasilof River drainage the entire year as
follows:
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Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules
Species
Specifications
Lake trout ...........................................................
Fish 20 inches and longer ...............................
Fish less than 20 inches in length ...................
In flowing waters ..............................................
In lakes and ponds ..........................................
In flowing waters ..............................................
In lakes and ponds ..........................................
Dolly Varden and Arctic char .............................
Rainbow or steelhead trout ................................
(F) Tustumena Lake under ice fishery;
resident species.
(1) You may fish in Tustumena Lake
with a gillnet under the ice, or with
jigging gear used through the ice. The
4 per day and 4 in
15 per day and 15
4 per day and 4 in
10 per day and 10
2 per day and 2 in
5 per day and 5 in
possession.
in possession.
possession.
in possession.
possession.
possession.
gillnet may not be longer than 10
fathoms.
(2) Harvest limits are as follows:
Methods
Limits
Additional provisions
Jigging gear through the ice
Household annual limit of 30 fish in any combination of
lake trout, rainbow trout, and Dolly Varden or Arctic
char.
Total annual harvest quota of 200 lake trout, 200 rainbow trout, and 500 Dolly Varden or Arctic char.
Household limits are included in the overall total annual
harvest quota.
Gillnet under the ice .............
(3) You may harvest fish under the ice
only in Tustumena Lake. Gillnets are
not allowed within a 1⁄4-mile radius of
the mouth of any tributary to
Tustumena Lake, or the outlet of
Tustumena Lake.
(4) A permit is required. The permit
will be issued by the Federal in-season
manager or designated representative
and will be valid for the winter season
unless the season is closed by special
action.
Additional fish
allowed for each
household
member
Sockeye salmon ..........................
25
5
Chinook salmon—Early-run (July
1 through July 15).
Chinook salmon—Late-run (July
16 through August 31).
Coho salmon ................................
Pink salmon .................................
2
1
10
2
20
15
5
5
(A) Kenai dip net or rod and reel;
salmon.
(1) You may take only sockeye salmon
through a dip net or rod and reel fishery
at one specified site on the Russian
River.
(i) For the Russian River fishing site,
incidentally caught fish may be retained
for subsistence uses, except for earlyand late-run Chinook salmon, coho
salmon, rainbow trout, and Dolly
Varden, which must be released.
(ii) At the Russian River Falls site, dip
netting is allowed from a Federal
regulatory marker near the upstream
end of the fish ladder at Russian River
Falls downstream to a Federal
regulatory marker approximately 600
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17:05 Sep 28, 2018
Jkt 247001
The Federal in-season manager will issue a closure for
this fishery once any of these quotas has been met.
(i) The permittee must report the
following information: The number of
each species caught; the number of each
species retained; the length, depth
(number of meshes deep), and mesh size
of gillnet fished; the fishing site; and the
total hours fished.
(ii) The gillnet must be checked at
least once in every 48-hour period.
(iii) For unattended gear, the
permittee’s name and address must be
plainly and legibly inscribed on a stake
at one end of the gillnet.
Number of fish
allowed for each
permit holder
Species
amozie on DSK3GDR082PROD with PROPOSALS1
Limits
Additional provisions
Chum salmon that are retained are to be included within the annual limit for sockeye salmon.
For the Kenai River community gillnet fishery described under
paragraph (e)(10)(iii)(B) of this section.
yards below Russian River Falls.
Residents using rod and reel gear at this
fishery site may not fish with bait at any
time.
(2) You may take sockeye, late-run
Chinook, coho, and pink salmon
through a dip net or rod and reel fishery
at two specified sites on the Kenai River
below Skilak Lake and as provided in
this section.
(i) For both Kenai River fishing sites
below Skilak Lake, incidentally caught
fish may be retained for subsistence
uses, except for early-run Chinook
salmon (unless otherwise provided for
in this section), rainbow trout 18 inches
or longer, and Dolly Varden 18 inches
or longer, which must be released.
PO 00000
Frm 00017
Fmt 4702
(5) Incidentally caught fish may be
retained and must be recorded on the
permit before transporting fish from the
fishing site.
(6) Failure to return the completed
harvest permit by May 31 may result in
issuance of a violation notice and/or
denial of a future subsistence permit.
(iii) Seasons, harvest limits, and
methods and means for Kenai fisheries.
Household annual limits for salmon in
Kenai River fisheries are as follows:
Sfmt 4702
(ii) At the Kenai River Moose Range
Meadows site, dip netting is allowed
only from a boat from a Federal
regulatory marker on the Kenai River at
about river mile 29 downstream
approximately 2.5 miles to another
marker on the Kenai River at about river
mile 26.5. Residents using rod and reel
gear at this fishery site may fish from
boats or from shore with up to two
baited single or treble hooks June 15
through August 31.
(iii) At the Kenai river mile 48 site,
dip netting is allowed while either
standing in the river or from a boat,
from Federal regulatory markers on both
sides of the Kenai River at about river
mile 48 (approximately 2 miles below
E:\FR\FM\01OCP1.SGM
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Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules
the outlet of Skilak Lake) downstream
approximately 2.5 miles to a marker on
the Kenai River at about river mile 45.5.
Species
Season
Sockeye salmon .................................................
Late-run Chinook salmon ...................................
Pink salmon ........................................................
Coho salmon ......................................................
June 15–August 15 ..........................................
July 16–September 30 .....................................
July 16–September 30 .....................................
July 16–September 30 .....................................
(B) Kenai gillnet; salmon.
(1) Residents of Ninilchik may harvest
sockeye, Chinook, coho, and pink
salmon in the Moose Range Meadows
area of the Federal public waters of the
Kenai River with a single gillnet to be
Species
shore with up to two baited single or
treble hooks June 15 through August 31.
(3) Fishing seasons are as follows:
Location
managed and operated by the Ninilchik
Traditional Council.
(2) Fishing will be allowed July 1
through August 15 and September 10–
30 on the Kenai River unless closed or
otherwise restricted by Federal special
action. The following conditions apply
All three sites.
Kenai River sites only.
Kenai River sites only.
Kenai River sites only.
to harvest in the Kenai community
gillnet fishery:
(i) Salmon taken in this fishery will be
included as household annual limits of
participating households.
(ii) Additional harvest restrictions for
this fishery are as follows:
Period
Harvest
Limits
Early-run Chinook salmon
less than 46 inches in
length or greater than 55
inches in length.
July 1–15 ....................
Fishery will close until July 16 once 50
early-run Chinook salmon have been retained or released.
Late-run Chinook salmon ....
July 16–August 15 ......
Fish may be retained if the most current
preseason forecast from the State of
Alaska Department of Fish and Game
projects the in-river run to be within or
above the optimal escapement goal
range for early-run Chinook salmon; otherwise, live fish must be released.
.....................................................................
Pink salmon .........................
July 16–August 15 and
September 10–30.
July 16–August 15 and
September 10–30.
.....................................
Coho salmon ........................
Incidentally caught rainbow
trout and Dolly Varden.
amozie on DSK3GDR082PROD with PROPOSALS1
Residents using rod and reel gear at this
fishery site may fish from boats or from
49329
(iii) Chinook salmon less than 20
inches in length may be retained and do
not count towards retained or released
totals.
(iv) Other incidentally caught species
may be retained; however, all incidental
fish mortalities, except for Chinook
salmon less than 20 inches in length,
count towards released or retained totals
specified in this section.
(3) Only one community gillnet may
be operated on the Kenai River.
(i) The gillnet may not: Be over 10
fathoms in length to take salmon; be
larger than 5.25-inch mesh; and obstruct
more than half of the river width with
stationary fishing gear.
(ii) Subsistence stationary gillnet gear
may not be set within 200 feet of other
subsistence stationary gear.
(4) One registration permit will be
available and will be issued by the
Federal in-season manager, in
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17:05 Sep 28, 2018
Jkt 247001
All live fish must be released. Fish that die
in net may be retained.
consultation with the Kenai National
Wildlife Refuge manager, to the
Ninilchik Traditional Council. As the
community gillnet owner, the Ninilchik
Traditional Council will be responsible
for its use and removal in consultation
with the Federal in-season manager. As
part of the permit, the Ninilchik
Traditional Council must provide postseason written documentation of
required evaluation information to the
Federal in-season manager including,
but not limited to:
(i) Persons or households operating
the gear;
(ii) Hours of operation; and
(iii) Number of each species caught
and retained or released.
(5) The Ninilchik Traditional Council
may operate the net for subsistence
purposes on behalf of residents of
Ninilchik by requesting a subsistence
fishing permit that:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
Fishery will close prior to August 15 if 200
late-run Chinook salmon have been retained or released prior to that date.
Fishery will reopen September 10–30 for
species available at that time.
Fishery will close for the season once 100
rainbow trout or 150 Dolly Varden have
been released or retained.
(i) Identifies a person who will be
responsible for fishing the gillnet; and
(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 in-season manager.
(C) Kenai rod and reel only; salmon.
(1) For Federally managed waters of
the Kenai River and its tributaries, you
may take sockeye, Chinook, coho, pink,
and chum salmon through a separate
rod and reel fishery in the Kenai River
drainage.
(2) Seasons, areas, harvest and
possession limits, and methods and
means for take are the same as for the
taking of these salmon species under
State of Alaska fishing regulations (5
AAC 56, 5 AAC 57 and 5 AAC 77.540),
except for the following harvest and
possession limits:
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Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules
Species
Size
Early-run Chinook salmon
Late-run Chinook salmon ..
All other salmon ................
Less than 46 inches or 55
inches and longer.
20 inches and longer .......
16 inches and longer .......
(i) In the Kenai River below Skilak
Lake, fishing is allowed with up to two
baited single or treble hooks June 15
through August 31.
(ii) Annual harvest limits for any
combination of early- and late-run
Chinook salmon are four for each permit
holder.
(iii) Incidentally caught fish, other
than salmon, are subject to regulations
2 per day and 2 in possession.
2 per day and 2 in possession.
6 per day and 6 in possession, of which no more than 4 per day and 4 in possession
may be Coho salmon, except for the Sanctuary Area and Russian River where no
more than 2 per day and 2 in possession may be Coho salmon.
found in paragraph (e)(10)(iii)(D) of this
section.
(D) Kenai River and tributaries under
ice jigging and rod and reel; resident
species.
(1) For Federally managed waters of
the Kenai River and its tributaries below
Skilak Lake outlet at river mile 50, you
may take resident fish species including
lake trout, rainbow trout, and Dolly
Varden or Arctic char with jigging gear
through the ice or rod and reel gear in
open waters. Seasons, areas, harvest and
possession limits, and methods and
means for take are the same as for the
taking of these resident species under
State of Alaska fishing regulations (5
AAC 56, 5 AAC 57, and 5 AAC 77.540),
except for the following harvest and
possession limits:
Species
Specifications
Limits
Lake trout ..........................
20 inches or longer .........
Less than 20 inches ........
In flowing waters .............
In lakes and ponds ..........
4 per day and 4 in possession.
15 per day and 15 in possession.
For fish less than 18 inches, 1 per day and 1 in possession.
2 per day and 2 in possession, of which only one may be 20 inches or longer, may be
harvested daily.
For fish less than 18 inches in length, 1 per day and 1 in possession.
2 per day and 2 in possession, of which only one fish 20 inches or longer may be harvested daily.
Dolly Varden or Arctic char
Rainbow or steelhead trout
In flowing waters .............
In lakes and ponds ..........
(2) For Federally managed waters of
the upper Kenai River and its tributaries
above Skilak Lake outlet at river mile
50, you may take resident fish species
including lake trout, rainbow trout, and
Dolly Varden or Arctic char with jigging
gear through the ice or rod and reel gear
in open waters. Seasons, areas, harvest
and possession limits, and methods and
means for take are the same as for the
taking of these resident species under
Alaska fishing regulations (5 AAC 56, 5
AAC 57, 5 AAC 77.540), except for the
following harvest and possession limits:
Species
Specifications
Limits
Lake trout ..........................
20 inches or longer .........
Less than 20 inches ........
From Hidden Lake ...........
In flowing waters .............
In lakes and ponds ..........
4 per day and 4 in possession.
15 per day and 15 in possession.
2 per day and 2 in possession regardless of length.
For fish less than 16 inches in length, 1 per day and 1 in possession.
2 per day and 2 in possession, of which only one fish 20 inches or longer may be harvested daily.
For fish less than 16 inches in length, 1 per day and 1 in possession.
2 per day and 2 in possession, of which only one fish 20 inches or longer may be harvested daily.
Dolly Varden or Arctic char
Rainbow or steelhead trout
*
amozie on DSK3GDR082PROD with PROPOSALS1
Limits
*
*
*
In flowing waters .............
In lakes and ponds ..........
*
Dated: September 25, 2018.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish
and Wildlife Service.
Dated: September 25, 2018.
Thomas Whitford,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2018–21218 Filed 9–28–18; 8:45 am]
BILLING CODE 4333–15–P; 3411–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0531; FRL–9984–
83—Region 4]
Air Plan Approval; North Carolina;
Ozone NAAQS Update
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of North
SUMMARY:
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17:05 Sep 28, 2018
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PO 00000
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Fmt 4702
Sfmt 4702
Carolina through the North Carolina
Division of Air Quality (NCDAQ) with
a letter dated March 21, 2018. The SIP
submittal includes changes to the State’s
air quality rules for ozone to be
consistent with the National Ambient
Air Quality Standards (NAAQS). EPA is
proposing to approve these provisions
of the SIP revision because the State has
demonstrated that these changes are
consistent with the Clean Air Act (CAA
or Act) and federal regulations.
DATES: Comments must be received on
or before October 31, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0531 at https://
www.regulations.gov. Follow the online
E:\FR\FM\01OCP1.SGM
01OCP1
Agencies
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Proposed Rules]
[Pages 49322-49330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21218]
=======================================================================
-----------------------------------------------------------------------
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-2018-0003; FXRS12610700000-189-FF07J00000; FBMS
#4500124645]
RIN 1018-BB99
Subsistence Management Regulations for Public Lands in Alaska--
Cook Inlet Area Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would revise the regulations for seasons,
harvest limits, and methods and means for the subsistence taking of
fish in the Cook Inlet Area of Alaska. This action would also
reorganize specific regulations addressing the Kenai River, which would
provide clarity for the public, and allow the Federal Subsistence Board
to correct regulatory conflicts that have arisen based on recent
rulemaking.
DATES:
Public meetings: The Southcentral Federal Subsistence Regional
Advisory Council will hold a public meeting October 29-30, 2018, to
receive comments, make proposals to change this proposed rule, and make
recommendations to the Federal Subsistence Board. The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in January 2019. See SUPPLEMENTARY INFORMATION for specific
information on the public meetings.
Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by October 31, 2018.
ADDRESSES:
Public meetings: The Federal Subsistence Board and the Southcentral
Federal Subsistence Regional Advisory Council will hold public meetings
at various locations in Alaska. See SUPPLEMENTARY INFORMATION for
specific information on the dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
https://
[[Page 49323]]
www.regulations.gov and search for FWS-R7-SM-2018-0003, which is the
docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the
Designated Federal Official attending the Southcentral Federal
Subsistence Regional Advisory Council public meeting. See SUPPLEMENTARY
INFORMATION for additional information on locations of the public
meetings.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Review Process section below for more information).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas C.J. Doolittle,
Office of Subsistence Management; (907) 786-3888 or
[email protected]. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
[email protected].
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 (hereafter referred to as ``the
Secretaries'') jointly implement the Federal Subsistence Management
Program (hereafter referred to as ``the Program''). The Program
provides a preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. Only
Alaska residents of areas identified as rural are eligible to
participate in the Program. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
22940). Program officials have subsequently amended these regulations a
number of times.
Because the Program is a joint effort between the Departments of
the Interior and Agriculture, these regulations are located in two
titles of the Code of Federal Regulations (CFR): The Agriculture
regulations are at title 36, ``Parks, Forests, and Public Property,''
and the Interior regulations are at title 50, ``Wildlife and
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively.
Consequently, to indicate that identical changes are proposed for
regulations in both titles 36 and 50, in this document we will present
references to specific sections of the CFR as shown in the following
example: Sec. __.27.
The Program 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 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, National Park Service;
The Alaska State Director, Bureau of Land Management;
The Alaska Regional Director, Bureau of Indian Affairs;
The Alaska Regional Forester, USDA 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 and public members participate in
the development of regulations for subparts C and D. Subpart C sets
forth important Board determinations regarding program eligibility,
i.e., which areas of Alaska are considered rural and which species are
harvested in those areas as part of a ``customary and traditional use''
for subsistence purposes. Subpart D sets forth 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
Regional Advisory Council members represent varied geographical,
cultural, and user interests within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Southcentral Federal Subsistence Regional Advisory Council will
have a substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Southcentral Federal Subsistence Regional Advisory Council,
will hold a public meeting on this proposed rule in Cordova, AK,
beginning October 29, 2018.
The location and date may change based on weather or local
circumstances. The amount of work on the Southcentral Regional Advisory
Council's agenda will determine the length of the meeting.
The Board will discuss and evaluate proposed changes to this
proposed rule during a public meeting to be held in Anchorage, AK, in
January 2019. The Federal Subsistence Regional Advisory Council Chairs,
or their designated representatives, will present their respective
Councils' recommendations at the Board meeting. Additional oral
testimony may be provided on this proposed rule to the Board at that
time. At that public meeting, the Board will deliberate and take final
action on this proposed rule. Specific information about the meeting
locations may be obtained closer to the meeting dates from the contacts
listed in FOR FURTHER INFORMATION CONTACT.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via https://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
website. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov at Docket
No. FWS-R7-SM-2018-0003, or by appointment, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is committed to providing access to
these meetings for all participants. Please direct all requests for
sign language interpreting services, closed captioning, or other
accommodation needs to Caron McKee, 907-786-3880, [email protected],
or 800-877-8339 (TTY), seven business days prior to the meeting you
would like to attend.
[[Page 49324]]
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the Federal Government and Federally Recognized
Indian Tribes (Tribes) as listed in 82 FR 4915 (January 17, 2017).
Consultation with Alaska Native corporations is 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.''
ANILCA does not provide specific rights to Tribes for the
subsistence taking of wildlife, fish, and shellfish. However, because
tribal members are affected by subsistence fishing, hunting, and
trapping regulations, the Secretaries, through the Board, will provide
Federally recognized Tribes and Alaska Native corporations an
opportunity to consult on this proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board will provide a variety of opportunities for
consultation: Commenting on proposed changes to the existing rule;
engaging in dialogue at the Regional Advisory Council meeting; engaging
in dialogue at the Board meeting; and providing input in person, by
mail, email, or phone at any time during the rulemaking process. The
Board will commit to efficiently and adequately providing an
opportunity to Tribes and Alaska Native corporations for consultation
in regard to subsistence rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the Cook Inlet Area Proposed Regulations
In titles 36 and 50 of the CFR, the subparts C and D regulations
are subject to periodic review and revision. The Board currently
completes the process of revising subsistence take of fish and
shellfish regulations in odd-numbered years and wildlife regulations in
even-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 cycle, and
nonrural determinations during the fish and shellfish cycle.
The current Cook Inlet Area subsistence regulations were revised on
May 18, 2015 (80 FR 28187). Two of the revisions addressed community
gillnets on the Kasilof and Kenai rivers. While the intent of providing
additional opportunities for subsistence users was met, details
concerning the harvest limits were difficult and confusing to the
public since they overlapped with other active subsistence fisheries on
these rivers. In addition, the new regulations were in conflict with
existing regulations dealing with early- and late-run Chinook salmon,
and various size limits for rainbow trout and Dolly Varden.
The Board directed program and field staff to develop
recommendations to alleviate these concerns from the Council and
members of the public. While some of the size limits are needed as
management tools in certain fisheries, the limits are not required in
other fisheries. Issues with early and late runs of Chinook salmon will
require new regulations addressing early-run fish.
In the interim, the Board addressed these concerns through the
special action process as defined in Sec. __.19 of these regulations.
This proposed rule reflects the combined efforts of program and
field staff, staff from other agencies participating in the Federal
program, and members of the public and tribal entities affected by
these regulations.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
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.
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 Federal Subsistence Management 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 the
subsistence program regulations was conducted in accordance with
section 810. That evaluation also supported the Secretaries'
determination that the regulations will not reach the ``may
significantly restrict'' threshold that would require notice and
hearings under ANILCA section 810(a).
Paperwork Reduction Act (PRA)
This proposed rule does not contain any new collections of
information that require Office of Management and Budget (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
June 30, 2019. 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 OMB control number.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all
[[Page 49325]]
significant rules. OIRA has determined that this proposed 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 proposed 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 proposed 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 proposed rule is not a major rule. It will
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 will 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 proposed
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 proposed rule does
not have sufficient Federalism implications to warrant the preparation
of a Federalism Assessment. 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
Title VIII of ANILCA does not provide specific rights to tribes for
the subsistence taking of wildlife, fish, and shellfish. However, the
Secretaries, through the Board, will provide Federally recognized
Tribes and Alaska Native corporations an opportunity to consult on this
proposed rule, as discussed above under Tribal Consultation and
Comment.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
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 this proposed rule under the guidance of
Thomas C.J. Doolittle 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;
Clarence Summers, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Carol Damberg, Alaska Regional Office, U.S. Fish and
Wildlife Service; and
Thomas Whitford, Alaska Regional Office, USDA-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
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
Proposed Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 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 36 CFR part 242 and 50 CFR part 100 by revising Sec.
__.27(e)(10) to read as follows:
Sec. __.27 Subsistence taking of fish.
* * * * *
(e) * * *
(10) Cook Inlet Area. The Cook Inlet Area includes all waters of
Alaska enclosed by a line extending east from Cape Douglas
(58[deg]51.10' N Lat.) and a line extending south from Cape Fairfield
(148[deg]50.25' W Long.).
(i) General area regulations.
(A) Unless restricted by regulations in this section, or unless
restricted under the terms of a subsistence fishing permit, you may
take fish at any time in the Cook Inlet Area.
(B) If you take rainbow or steelhead trout incidentally in
subsistence net
[[Page 49326]]
fisheries, you may retain them for subsistence purposes, unless
otherwise prohibited or provided for in this section. With jigging gear
through the ice or rod-and-reel gear in open waters, there is an annual
limit of two rainbow or steelhead trout 20 inches or longer, taken from
Kenai Peninsula fresh waters.
(C) Under the authority of a Federal subsistence fishing permit,
you may take only salmon, trout, Dolly Varden, and other char.
(D) All fish taken under the authority of a Federal subsistence
fishing permit must be marked and recorded prior to leaving the fishing
site.
(1) The fishing site includes the particular Federal public waters
and/or adjacent shoreline from which the fish were harvested.
(2) Marking means removing the dorsal fin.
(E) You may not take grayling or burbot for subsistence purposes.
(F) You may take smelt with dip nets in fresh water only from April
1 through June 15. There are no harvest or possession limits for smelt.
(G) You may take whitefish in the Tyone River drainage using
gillnets.
(H) You may take fish by gear listed in this section unless
restricted by other regulations in this section or under the terms of a
Federal subsistence fishing permit (as may be modified by regulations
in this section).
(I) Seasons, harvest and possession limits, and methods and means
for take are the same as for the taking of those species under Alaska
sport fishing regulations (5 AAC 56 and 5 AAC 57) unless modified
herein or by issuance of a Federal special action.
(J) Applicable harvest provisions are as follows:
------------------------------------------------------------------------
Permit Location Methods and means
------------------------------------------------------------------------
Household Annual Permit....... Kasilof River Kasilof dip net or
Drainage. rod and reel for
salmon; Kasilof fish
wheel for salmon;
Kasilof experimental
gillnet for salmon.
Kenai River Kenai dip net or rod
Drainage. and reel for salmon;
Kenai gillnet for
salmon.
General Subsistence Fishing Kasilof River Tustumena Lake rod
Permit (Daily/Possession Drainage. and reel for salmon;
Limits). Kasilof drainage rod
and reel for
resident species.
Kenai River Kenai rod and reel
Drainage. only for salmon;
Kenai River and
tributaries under
ice jigging and rod
and reel for
resident species.
Tustumena Lake Winter Permit.. Tustumena Lake... Tustumena Lake under
ice fishery.
------------------------------------------------------------------------
(1) Harvest limits may not be accumulated.
(2) Each household may harvest its annual salmon limits in one or
more days.
(3) All salmon harvested as part of a household annual limit must
be reported to the Federal in-season manager within 72 hours of leaving
the fishing site.
(4) For Ninilchik residents, the household annual limits for
Chinook salmon in the Kasilof River and for late-run Chinook salmon in
the Kenai River are combined.
(ii) Seasons, harvest limits, and methods and means for Kasilof
fisheries. Household annual limits for salmon in Kasilof River
fisheries are as follows:
------------------------------------------------------------------------
Number of fish Additional fish
Species allowed for each allowed for each
permit holder household member
------------------------------------------------------------------------
Sockeye........................... 25 5
Chinook........................... 10 2
Coho.............................. 10 2
Pink.............................. 10 2
------------------------------------------------------------------------
(A) Kasilof dip net or rod and reel; salmon.
(1) Residents of Ninilchik may take sockeye, Chinook, coho, and
pink salmon through a dip net or rod and reel fishery on the upper
mainstem of the Kasilof River from a Federal regulatory marker on the
river below the outlet of Tustumena Lake downstream to a marker on the
river approximately 2.8 miles below the Tustumena Lake boat ramp.
(2) Residents using rod-and-reel gear may fish with up to two
baited single or treble hooks.
(3) Harvest seasons are as follows:
------------------------------------------------------------------------
Species Season Harvest limits
------------------------------------------------------------------------
Sockeye salmon................ June 16-August 15 .....................
Chinook salmon................ June 16-August 15 .....................
Coho salmon................... June 16-October .....................
31.
Pink salmon................... June 16-October .....................
31.
Rainbow and steelhead trout... April 1-August 15 The Federal in-season
manager will close
the take of rainbow
and steelhead trout
after 200 have been
harvested.
------------------------------------------------------------------------
(B) Kasilof fish wheel; salmon.
(1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon through a fish wheel fishery in the Federal public waters
of the upper mainstem of the Kasilof River.
(2) Residents of Ninilchik may retain other species incidentally
caught in the Kasilof River fish wheel except for rainbow or steelhead
trout, which must be released and returned unharmed to the water.
(3) Only one fish wheel may be operated on the Kasilof River. The
fish wheel must: Have a live box, be monitored when fishing, be stopped
from fishing when it is not being monitored or used, and be installed
and
[[Page 49327]]
operated in compliance with any regulations and restrictions for its
use within the Kenai National Wildlife Refuge.
(4) 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 fish wheel owner, will be responsible for its
construction, installation, operation, use, and removal in consultation
with the Federal fishery manager. The owner may not rent or lease the
fish wheel for personal gain. 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.
(ii) During the season: Mark the fish wheel with a wood, metal, or
plastic plate that is at least 12 inches high by 12 inches wide,
permanently affixed, and plainly visible and that contains the
following information in letters and numerals at least 1 inch high:
Registration permit number; organization's name and address; and
primary contact person name and telephone number.
(iii) 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.
(5) People operating the fish wheel must:
(i) Have in possession a valid Federal subsistence fishing permit
and remain onsite to monitor the fish wheel and remove all fish at
least every hour.
(ii) In addition, any person operating the fish wheel who is not
the owner must attach to the fish wheel an additional wood, metal, or
plastic plate that is at least 12 inches high by 12 inches wide, is
plainly visible, and contains the person's fishing permit number, name,
and address in letters and numerals at least 1 inch high.
(6) The organization owning the fish wheel may operate the fish
wheel 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 operating the
fish wheel; and
(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.
(7) Fishing is allowed from June 16 through October 31 on the
Kasilof River unless closed or otherwise restricted by Federal special
action.
(C) Kasilof experimental gillnet; salmon.
(1) 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 June 16 through
August 15.
(2) The experimental community gillnet fishery will expire July 13,
2020.
(3) Only one community gillnet may be operated on the Kasilof
River. The gillnet may not be over 10 fathoms in length and may not
obstruct more than half of the river width with stationary fishing
gear. In addition, subsistence stationary gillnet gear may not be set
within 200 feet of other subsistence stationary gear.
(4) 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 only to an
organization that, as the community gillnet owner, will be responsible
for its use 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 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.
(5) The experimental community gillnet is subject to compliance
with applicable Kenai National Wildlife Refuge regulations and
restrictions. It is the obligation of the gillnet owner to be familiar
with such regulations and restrictions.
(6) The organization owning the gillnet may operate the net for
subsistence purposes on behalf of residents of Ninilchik by requesting
a subsistence fishing permit that identifies a person who will be
responsible for fishing the gillnet and 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.
(7) Residents of Ninilchik may retain other species incidentally
caught in the Kasilof River experimental community gillnet fishery. The
gillnet fishery will be closed when the retention of rainbow or
steelhead trout has been restricted under Federal subsistence
regulations.
(D) Tustumena Lake rod and reel; salmon.
(1) In addition to the dip net and rod and reel fishery on the
upper mainstem of the Kasilof River described under paragraph
(e)(10)(ii)(B) of this section, residents of Ninilchik may also take
coho and pink salmon through a rod and reel fishery in Tustumena Lake.
Fishing is allowed with up to two baited single or treble hooks.
(2) Seasons, areas, harvest and possession limits, and methods and
means for take are the same as for the taking of these species under
Alaska sport fishing regulations (5 AAC 56), except for the following
harvest and possession limits:
------------------------------------------------------------------------
Species Size Limits
------------------------------------------------------------------------
Coho salmon................. 16 inches and longer 4 per day and 4 in
possession.
Pink salmon................. 16 inches and longer 6 per day and 6 in
possession.
------------------------------------------------------------------------
(E) Kasilof drainage rod and reel; resident species. Resident fish
species including lake trout, rainbow or steelhead trout, and Dolly
Varden or Arctic char may be harvested by rod and reel in Federally
managed waters of the Kasilof River drainage the entire year as
follows:
[[Page 49328]]
------------------------------------------------------------------------
Species Specifications Limits
------------------------------------------------------------------------
Lake trout.................. Fish 20 inches and 4 per day and 4 in
longer. possession.
Fish less than 20 15 per day and 15 in
inches in length. possession.
Dolly Varden and Arctic char In flowing waters... 4 per day and 4 in
possession.
In lakes and ponds.. 10 per day and 10 in
possession.
Rainbow or steelhead trout.. In flowing waters... 2 per day and 2 in
possession.
In lakes and ponds.. 5 per day and 5 in
possession.
------------------------------------------------------------------------
(F) Tustumena Lake under ice fishery; resident species.
(1) You may fish in Tustumena Lake with a gillnet under the ice, or
with jigging gear used through the ice. The gillnet may not be longer
than 10 fathoms.
(2) Harvest limits are as follows:
------------------------------------------------------------------------
Additional
Methods Limits provisions
------------------------------------------------------------------------
Jigging gear through the ice Household annual Household limits are
limit of 30 fish in included in the
any combination of overall total
lake trout, rainbow annual harvest
trout, and Dolly quota.
Varden or Arctic
char.
Gillnet under the ice....... Total annual harvest The Federal in-
quota of 200 lake season manager will
trout, 200 rainbow issue a closure for
trout, and 500 this fishery once
Dolly Varden or any of these quotas
Arctic char. has been met.
------------------------------------------------------------------------
(3) You may harvest fish under the ice only in Tustumena Lake.
Gillnets are not allowed within a \1/4\-mile radius of the mouth of any
tributary to Tustumena Lake, or the outlet of Tustumena Lake.
(4) A permit is required. The permit will be issued by the Federal
in-season manager or designated representative and will be valid for
the winter season unless the season is closed by special action.
(i) The permittee must report the following information: The number
of each species caught; the number of each species retained; the
length, depth (number of meshes deep), and mesh size of gillnet fished;
the fishing site; and the total hours fished.
(ii) The gillnet must be checked at least once in every 48-hour
period.
(iii) For unattended gear, the permittee's name and address must be
plainly and legibly inscribed on a stake at one end of the gillnet.
(5) Incidentally caught fish may be retained and must be recorded
on the permit before transporting fish from the fishing site.
(6) Failure to return the completed harvest permit by May 31 may
result in issuance of a violation notice and/or denial of a future
subsistence permit.
(iii) Seasons, harvest limits, and methods and means for Kenai
fisheries. Household annual limits for salmon in Kenai River fisheries
are as follows:
----------------------------------------------------------------------------------------------------------------
Number of fish Additional fish
Species allowed for each allowed for each Additional provisions
permit holder household member
----------------------------------------------------------------------------------------------------------------
Sockeye salmon.......................... 25 5 Chum salmon that are retained
are to be included within the
annual limit for sockeye
salmon.
Chinook salmon--Early-run (July 1 2 1 For the Kenai River community
through July 15). gillnet fishery described under
paragraph (e)(10)(iii)(B) of
this section.
Chinook salmon--Late-run (July 16 10 2
through August 31).
Coho salmon............................. 20 5
Pink salmon............................. 15 5
----------------------------------------------------------------------------------------------------------------
(A) Kenai dip net or rod and reel; salmon.
(1) You may take only sockeye salmon through a dip net or rod and
reel fishery at one specified site on the Russian River.
(i) For the Russian River fishing site, incidentally caught fish
may be retained for subsistence uses, except for early- and late-run
Chinook salmon, coho salmon, rainbow trout, and Dolly Varden, which
must be released.
(ii) At the Russian River Falls site, dip netting is allowed from a
Federal regulatory marker near the upstream end of the fish ladder at
Russian River Falls downstream to a Federal regulatory marker
approximately 600 yards below Russian River Falls. Residents using rod
and reel gear at this fishery site may not fish with bait at any time.
(2) You may take sockeye, late-run Chinook, coho, and pink salmon
through a dip net or rod and reel fishery at two specified sites on the
Kenai River below Skilak Lake and as provided in this section.
(i) For both Kenai River fishing sites below Skilak Lake,
incidentally caught fish may be retained for subsistence uses, except
for early-run Chinook salmon (unless otherwise provided for in this
section), rainbow trout 18 inches or longer, and Dolly Varden 18 inches
or longer, which must be released.
(ii) At the Kenai River Moose Range Meadows site, dip netting is
allowed only from a boat from a Federal regulatory marker on the Kenai
River at about river mile 29 downstream approximately 2.5 miles to
another marker on the Kenai River at about river mile 26.5. Residents
using rod and reel gear at this fishery site may fish from boats or
from shore with up to two baited single or treble hooks June 15 through
August 31.
(iii) At the Kenai river mile 48 site, dip netting is allowed while
either standing in the river or from a boat, from Federal regulatory
markers on both sides of the Kenai River at about river mile 48
(approximately 2 miles below
[[Page 49329]]
the outlet of Skilak Lake) downstream approximately 2.5 miles to a
marker on the Kenai River at about river mile 45.5. Residents using rod
and reel gear at this fishery site may fish from boats or from shore
with up to two baited single or treble hooks June 15 through August 31.
(3) Fishing seasons are as follows:
------------------------------------------------------------------------
Species Season Location
------------------------------------------------------------------------
Sockeye salmon.............. June 15-August 15... All three sites.
Late-run Chinook salmon..... July 16-September 30 Kenai River sites
only.
Pink salmon................. July 16-September 30 Kenai River sites
only.
Coho salmon................. July 16-September 30 Kenai River sites
only.
------------------------------------------------------------------------
(B) Kenai gillnet; salmon.
(1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon in the Moose Range Meadows area of the Federal public
waters of the Kenai River with a single gillnet to be managed and
operated by the Ninilchik Traditional Council.
(2) Fishing will be allowed July 1 through August 15 and September
10-30 on the Kenai River unless closed or otherwise restricted by
Federal special action. The following conditions apply to harvest in
the Kenai community gillnet fishery:
(i) Salmon taken in this fishery will be included as household
annual limits of participating households.
(ii) Additional harvest restrictions for this fishery are as
follows:
----------------------------------------------------------------------------------------------------------------
Species Period Harvest Limits
----------------------------------------------------------------------------------------------------------------
Early-run Chinook salmon less than 46 July 1-15.............. Fish may be retained if Fishery will close
inches in length or greater than 55 the most current until July 16 once 50
inches in length. preseason forecast early-run Chinook
from the State of salmon have been
Alaska Department of retained or released.
Fish and Game projects
the in-river run to be
within or above the
optimal escapement
goal range for early-
run Chinook salmon;
otherwise, live fish
must be released.
Late-run Chinook salmon.............. July 16-August 15...... ....................... Fishery will close
prior to August 15 if
200 late-run Chinook
salmon have been
retained or released
prior to that date.
Fishery will reopen
September 10-30 for
species available at
that time.
Pink salmon.......................... July 16-August 15 and .......................
September 10-30.
Coho salmon.......................... July 16-August 15 and .......................
September 10-30.
Incidentally caught rainbow trout and ....................... All live fish must be Fishery will close for
Dolly Varden. released. Fish that the season once 100
die in net may be rainbow trout or 150
retained. Dolly Varden have been
released or retained.
----------------------------------------------------------------------------------------------------------------
(iii) Chinook salmon less than 20 inches in length may be retained
and do not count towards retained or released totals.
(iv) Other incidentally caught species may be retained; however,
all incidental fish mortalities, except for Chinook salmon less than 20
inches in length, count towards released or retained totals specified
in this section.
(3) Only one community gillnet may be operated on the Kenai River.
(i) The gillnet may not: Be over 10 fathoms in length to take
salmon; be larger than 5.25-inch mesh; and obstruct more than half of
the river width with stationary fishing gear.
(ii) Subsistence stationary gillnet gear may not be set within 200
feet of other subsistence stationary gear.
(4) One registration permit will be available and will be issued by
the Federal in-season manager, in consultation with the Kenai National
Wildlife Refuge manager, to the Ninilchik Traditional Council. As the
community gillnet owner, the Ninilchik Traditional Council will be
responsible for its use and removal in consultation with the Federal
in-season manager. As part of the permit, the Ninilchik Traditional
Council must provide post-season written documentation of required
evaluation information to the Federal in-season manager including, but
not limited to:
(i) Persons or households operating the gear;
(ii) Hours of operation; and
(iii) Number of each species caught and retained or released.
(5) The Ninilchik Traditional Council 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; and
(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 in-season
manager.
(C) Kenai rod and reel only; salmon.
(1) For Federally managed waters of the Kenai River and its
tributaries, you may take sockeye, Chinook, coho, pink, and chum salmon
through a separate rod and reel fishery in the Kenai River drainage.
(2) Seasons, areas, harvest and possession limits, and methods and
means for take are the same as for the taking of these salmon species
under State of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC
77.540), except for the following harvest and possession limits:
[[Page 49330]]
----------------------------------------------------------------------------------------------------------------
Species Size Limits
----------------------------------------------------------------------------------------------------------------
Early-run Chinook salmon............. Less than 46 inches or 2 per day and 2 in possession.
55 inches and longer.
Late-run Chinook salmon.............. 20 inches and longer... 2 per day and 2 in possession.
All other salmon..................... 16 inches and longer... 6 per day and 6 in possession, of which no more
than 4 per day and 4 in possession may be Coho
salmon, except for the Sanctuary Area and
Russian River where no more than 2 per day and
2 in possession may be Coho salmon.
----------------------------------------------------------------------------------------------------------------
(i) In the Kenai River below Skilak Lake, fishing is allowed with
up to two baited single or treble hooks June 15 through August 31.
(ii) Annual harvest limits for any combination of early- and late-
run Chinook salmon are four for each permit holder.
(iii) Incidentally caught fish, other than salmon, are subject to
regulations found in paragraph (e)(10)(iii)(D) of this section.
(D) Kenai River and tributaries under ice jigging and rod and reel;
resident species.
(1) For Federally managed waters of the Kenai River and its
tributaries below Skilak Lake outlet at river mile 50, you may take
resident fish species including lake trout, rainbow trout, and Dolly
Varden or Arctic char with jigging gear through the ice or rod and reel
gear in open waters. Seasons, areas, harvest and possession limits, and
methods and means for take are the same as for the taking of these
resident species under State of Alaska fishing regulations (5 AAC 56, 5
AAC 57, and 5 AAC 77.540), except for the following harvest and
possession limits:
----------------------------------------------------------------------------------------------------------------
Species Specifications Limits
----------------------------------------------------------------------------------------------------------------
Lake trout........................... 20 inches or longer.... 4 per day and 4 in possession.
Less than 20 inches.... 15 per day and 15 in possession.
Dolly Varden or Arctic char.......... In flowing waters...... For fish less than 18 inches, 1 per day and 1 in
possession.
In lakes and ponds..... 2 per day and 2 in possession, of which only one
may be 20 inches or longer, may be harvested
daily.
Rainbow or steelhead trout........... In flowing waters...... For fish less than 18 inches in length, 1 per
day and 1 in possession.
In lakes and ponds..... 2 per day and 2 in possession, of which only one
fish 20 inches or longer may be harvested
daily.
----------------------------------------------------------------------------------------------------------------
(2) For Federally managed waters of the upper Kenai River and its
tributaries above Skilak Lake outlet at river mile 50, you may take
resident fish species including lake trout, rainbow trout, and Dolly
Varden or Arctic char with jigging gear through the ice or rod and reel
gear in open waters. Seasons, areas, harvest and possession limits, and
methods and means for take are the same as for the taking of these
resident species under Alaska fishing regulations (5 AAC 56, 5 AAC 57,
5 AAC 77.540), except for the following harvest and possession limits:
----------------------------------------------------------------------------------------------------------------
Species Specifications Limits
----------------------------------------------------------------------------------------------------------------
Lake trout........................... 20 inches or longer.... 4 per day and 4 in possession.
Less than 20 inches.... 15 per day and 15 in possession.
From Hidden Lake....... 2 per day and 2 in possession regardless of
length.
Dolly Varden or Arctic char.......... In flowing waters...... For fish less than 16 inches in length, 1 per
day and 1 in possession.
In lakes and ponds..... 2 per day and 2 in possession, of which only one
fish 20 inches or longer may be harvested
daily.
Rainbow or steelhead trout........... In flowing waters...... For fish less than 16 inches in length, 1 per
day and 1 in possession.
In lakes and ponds..... 2 per day and 2 in possession, of which only one
fish 20 inches or longer may be harvested
daily.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: September 25, 2018.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
Dated: September 25, 2018.
Thomas Whitford,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2018-21218 Filed 9-28-18; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P