Subsistence Management Regulations for Public Lands in Alaska-Cook Inlet Area Regulations, 39188-39196 [2019-16870]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service
• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Rules and Regulations]
[Pages 39188-39196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16870]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2018-0003; FXFR13350700640-190-FF07J00000; FBMS# 
4500133005]
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: Final rule.

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SUMMARY: This final rule revises 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 also reorganizes specific 
regulations addressing the Kenai River, which will provide clarity for 
the public, and allow the Federal Subsistence Board to correct 
regulatory conflicts that have arisen based on recent rulemaking.

DATES: This rule is effective August 9, 2019.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 
121, Anchorage, AK 99503, or on the Office of Subsistence Management 
website (https://www.doi.gov/subsistence). The comments received in 
response to the proposed rule are available on www.regulations.gov in 
Docket No. FWS-R7-SM-2018-0003.

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

Current Rule

    The Departments published a proposed rule, ``Subsistence Taking of 
Fish; Cook Inlet Area,'' on October 1, 2018 (83 FR 49322), to amend 36 
CFR 242.27 and 50 CFR 100.27.
    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. The lack of 
clarity of season dates with early and late runs of Chinook salmon 
called for new regulations addressing early-run fish.

[[Page 39189]]

    The proposed rule opened a comment period, which closed on October 
31. 2018. The Departments advertised the proposed rule by mail, email, 
web page, social media, radio, and newspaper, and comments were 
submitted via www.regulations.gov to Docket No. FWS-R7-SM-2018-0003. 
During that period, the Southcentral Federal Subsistence Regional 
Advisory Council met and, in addition to other Council business, 
received comments from the public and formulated their recommendations 
to the Board on the proposed rulemaking. The Council had a substantial 
role in reviewing the proposed rule and making recommendations for the 
final rule. Moreover, the Council Chair presented the Council's 
recommendations at the Board's public meeting of April 15-17, 2019. The 
public received extensive opportunity to review and comment on all 
changes.

Public Review and Comment

    The Southcentral Federal Regional Advisory Council supported the 
proposed revisions to the Cook Inlet regulations, and they received no 
negative comments during their meeting on this rulemaking.
    The Board received a total of six comments on the proposed rule; 
this included three comments that were outside the scope of the 
proposed rulemaking.
    The Ninilchik Traditional Council supported the proposed revisions.
    The Alaska Department of Fish and Game (ADF&G) had three 
recommendations. Two were to change the size limits for Chinook salmon 
(in the Kenai River community gillnet fishery and the Kenai River rod 
and reel fishery) based on recent Alaska Board of Fish actions.
    Response: These recommended actions are outside of the scope of 
this rulemaking action, and the public did not have an opportunity to 
comment on a change in size limits. This action would be more 
appropriate to be submitted as a proposal during the normal cycle for 
fish regulations.
    The ADF&G also recommended that specific language be added to the 
Kenai River community gillnet regulations that the gillnet must be 
closely attended while fishing.
    Response: This text will be added as part of the permit conditions 
for this fishery, and there is no need to include this provision in the 
regulatory language.
    A member of the public commented that he was against establishing a 
subsistence fishery on mile 48 of the Kenai River because this area is 
considered a trophy rainbow trout fish area and that Chinook salmon 
populations are threatened and cannot afford additional harvest.
    Response: No new fishery is being established on or near mile 48 of 
the Kenai River. The location of the Kenai River community gillnet 
fishery has been clarified, however, that fishery occurs in the Moose 
Range Meadows area of the river and is between river miles 26.5 and 29 
(this fishery has been in place since 2015).
    These final regulations reflect Board review and consideration of 
the Council recommendations, Tribal and Alaska Native corporation 
consultations, and public comments. The only substantive changes in 
this final rule to the provisions in the proposed rule reflect action 
by the Board to establish the Ninikchik Traditional Council as the 
operators of the Kasilof gillnet.
    Because this rule concerns public lands managed by an agency or 
agencies in both the Departments of Agriculture and the Interior, 
identical text will be incorporated into 36 CFR part 242 and 50 CFR 
part 100.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

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

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992. The Record of Decision (ROD) on Subsistence Management for 
Federal Public Lands in Alaska was signed April 6, 1992. The selected 
alternative in the FEIS (Alternative IV) defined the administrative 
framework of an annual regulatory cycle for subsistence regulations.
    A 1997 environmental assessment dealt with the expansion of Federal 
jurisdiction over fisheries and is available at the office listed under 
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with 
concurrence of the Secretary of Agriculture, determined that expansion 
of Federal jurisdiction does not constitute a major Federal action 
significantly affecting the human environment and, therefore, signed a 
Finding of No Significant Impact.

Section 810 of ANILCA

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

[[Page 39190]]

Paperwork Reduction Act of 1995 (PRA)

    An agency may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid Office of Management and Budget (OMB) control number. This rule 
does not contain any new collections of information that require OMB 
approval. OMB has reviewed and approved the collections of information 
associated with the subsistence regulations at 36 CFR part 242 and 50 
CFR part 100, and assigned OMB Control Number 1018-0075 (expires July 
31, 2019; in accordance with 5 CFR 1320.10, an agency may continue to 
conduct or sponsor this collection of information while the renewal 
submission is pending at OMB).

Regulatory Planning and Review (Executive Orders 12866 and 13563)

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

Regulatory Flexibility Act

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

Small Business Regulatory Enforcement Fairness Act

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

Executive Order 12630

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

Unfunded Mandates Reform Act

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

Executive Order 12988

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

Executive Order 13132

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

Executive Order 13175

    The Alaska National Interest Lands Conservation Act, Title VIII, 
does not provide specific rights to tribes for the subsistence taking 
of wildlife, fish, and shellfish. However, the Board provided Federally 
recognized Tribes and Alaska Native corporations opportunities to 
consult on this rule. Consultation with Alaska Native corporations are 
based on Public Law 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 
452, as amended by Public Law 108-447, div. H, title V, Sec. 518, Dec. 
8, 2004, 118 Stat. 3267, which provides that: ``The Director of the 
Office of Management and Budget and all Federal agencies shall 
hereafter consult with Alaska Native corporations on the same basis as 
Indian tribes under Executive Order No. 13175.''
    The Secretaries, through the Board, provided a variety of 
opportunities for consultation: Commenting on proposed changes to the 
existing rule; engaging in dialogue at the Council meetings; engaging 
in dialogue at the Board's meetings; and providing input in person, by 
mail, email, or phone at any time during the rulemaking process.
    On April 15, 2019, the Board provided Federally recognized Tribes 
and Alaska Native Corporations a specific opportunity to consult on 
this rule prior to the start of its public regulatory meeting. 
Federally recognized Tribes and Alaska Native Corporations were 
notified by mail and telephone and were given the opportunity to attend 
in person or via teleconference.

Executive Order 13211

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

Drafting Information

    Theo Matuskowitz drafted these regulations under the guidance of 
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

[[Page 39191]]

     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.

Regulation Promulgation

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

PART__SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA

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

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

Subpart D--Subsistence Taking of Fish and Wildlife

0
2. Amend 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 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. Permits 
will be issued by the in-season manager or designated representative 
and will be valid for that regulatory year, except as otherwise 
provided for in this section, or as stated under the permit conditions, 
unless the season is closed or restricted by a special action.
    (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:

----------------------------------------------------------------------------------------------------------------
                     Location                              Methods and means                 Permit type
----------------------------------------------------------------------------------------------------------------
Kasilof River Drainage...........................  Kasilof River dip net or rod and  Household Annual Permit.
                                                    reel for salmon; Kasilof River
                                                    fish wheel for salmon; Kasilof
                                                    River gillnet for salmon.
Kenai River Drainage.............................  Kenai River dip net or rod and    Household Annual Permit.
                                                    reel for salmon; Kenai River
                                                    gillnet for salmon.
Kasilof River Drainage...........................  Tustumena Lake rod and reel for   General Subsistence Fishing
                                                    salmon; Kasilof River drainage    Permit (Daily/Possession
                                                    rod and reel for resident         Limits).
                                                    species.
Kenai River Drainage.............................  Kenai River rod and reel only     General Subsistence Fishing
                                                    for salmon; Kenai River and       Permit (Daily/Possession
                                                    tributaries under ice jigging     Limits).
                                                    and rod and reel for resident
                                                    species.
Tustumena Lake...................................  Tustumena Lake under ice fishery  Tustumena Lake Winter
                                                                                      Permit.
----------------------------------------------------------------------------------------------------------------

    (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 
River 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
------------------------------------------------------------------------


[[Page 39192]]

    (A) Kasilof River 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) Other species incidentally caught during the dip net and rod 
and reel fishery may be retained for subsistence uses, including up to 
200 rainbow/steelhead trout taken through August 15. After 200 rainbow/
steelhead trout have been taken in this fishery or after August 15, all 
rainbow/steelhead trout must be released unless otherwise provided for 
in this section.
    (4) Harvest seasons are as follows:

------------------------------------------------------------------------
                  Species                              Season
------------------------------------------------------------------------
Sockeye salmon............................  June 16-August 15.
Chinook salmon............................  June 16-August 15.
Coho salmon...............................  June 16-October 31.
Pink salmon...............................  June 16-October 31.
------------------------------------------------------------------------

    (B) Kasilof River 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 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 River gillnet; salmon.
    (1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon 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 
with a single gillnet from June 16 through August 15.
    (2) Only one community gillnet may be operated on the Kasilof 
River.
    (i) The gillnet may not: Be over 10 fathoms in length, 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.
    (iii) The gillnet may be operated as a set gillnet in a fixed 
location, as a pole-net system drifted through an area while wading, or 
as a drift net from a boat.
    (3) One registration permit will be available and will be issued by 
the Federal in-season fishery 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, after the season, the 
Ninilchik Traditional Council must provide written documentation of 
required evaluation information to the Federal fishery 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.
    (4) The community gillnet is subject to compliance with applicable 
Kenai National Wildlife Refuge regulations and restrictions.
    (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 within 72 
hours, 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.
    (6) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River 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)(A)(1) of this section, residents of Ninilchik may also take 
coho and pink salmon through a rod and reel fishery in Tustumena Lake.

[[Page 39193]]

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:

----------------------------------------------------------------------------------------------------------------
            Species                   Specifications                              Limits
----------------------------------------------------------------------------------------------------------------
Lake trout.....................  Fish 20 inches and       4 per day and 4 in possession.
                                  longer.
                                 Fish less than 20        15 per day and 15 in possession.
                                  inches in length.
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 
River 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 River 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.

[[Page 39194]]

    (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 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 River 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 River community gillnet fishery:
    (i) Salmon taken in this fishery will be included as household 
annual limits of participating households.
    (ii) The Ninilchik Traditional Council will report all harvested 
fish within 72 hours of leaving the gillnet location.
    (iii) Additional harvest restrictions for this fishery are as 
follows:

----------------------------------------------------------------------------------------------------------------
              Species                       Period                   Harvest                 Fishery limits
----------------------------------------------------------------------------------------------------------------
Sockeye salmon....................  July 1-August 15 and                               .........................
                                     September 10-30.
Early-run Chinook salmon less than  July 1-15............  Fish may be retained if     Fishery will close until
 46 inches in length or greater                             the most current            July 16 once 50 early-
 than 55 inches in length.                                  preseason forecast from     run Chinook salmon have
                                                            the State of Alaska         been retained or
                                                            Department of Fish and      released.
                                                            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   .....................  All live fish must be       Fishery will close for
 and Dolly Varden.                                          released. Fish that die     the season once 100
                                                            in net may be retained.     rainbow trout or 150
                                                                                        Dolly Varden have been
                                                                                        released or retained.
----------------------------------------------------------------------------------------------------------------

    (iv) Chinook salmon less than 20 inches in length may be retained 
and do not count towards retained or released totals.
    (v) 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

[[Page 39195]]

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 River 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:

------------------------------------------------------------------------
            Species                    Size                Limits
------------------------------------------------------------------------
Chinook salmon-- Early-run      Less than 46       2 per day and 2 in
 (January 1 through July 15).    inches or 55       possession.
                                 inches and
                                 longer.
Chinook salmon--Late-run (July  20 inches and      2 per day and 2 in
 16 through August 31).          longer.            possession.
All other salmon..............  16 inches and      6 per day and 6 in
                                 longer.            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       4 per day and 4 in
                                 longer.            possession.
                                Less than 20       15 per day and 15 in
                                 inches.            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       2 per day and 2 in
                                 ponds.             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       2 per day and 2 in
                                 ponds.             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       4 per day and 4 in
                                 longer.            possession.
                                Less than 20       15 per day and 15 in
                                 inches.            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       2 per day and 2 in
                                 ponds.             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       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
------------------------------------------------------------------------


[[Page 39196]]

* * * * *

    Dated: August 1, 2019.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
    Dated: August 1, 2019.
Thomas Whitford,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2019-16870 Filed 8-8-19; 8:45 am]
 BILLING CODE 4333-15-P; 3411-15-P