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

Download as PDF 39188 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations from 7 a.m. to 6:30 p.m. This action is being taken to provide for the safety of life on navigable waterways during this event. The special local regulation, 33 CFR 100.922, specifies the location of the regulated area for the Annual Les Cheneaux Islands Antique Wooden Boat Show which encompasses a portion of the waterway near Hessel, MI. During the enforcement period, as reflected in § 100.922(c), all vessels within the regulated area will operate at a no wake speed and follow the directions of the on-scene Patrol Commander. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, and marine information broadcasts. Dated: August 5, 2019. P.S. Nelson, Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie. SUPPLEMENTARY INFORMATION: Background [FR Doc. 2019–17055 Filed 8–8–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [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 Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: 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. khammond on DSKBBV9HB2PROD with RULES SUMMARY: The Board meeting transcripts are available for review at ADDRESSES: VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 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 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 thomas.whitford@ usda.gov. 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; PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 • 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 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. The lack of clarity of season dates with early and late runs of Chinook salmon called for new regulations addressing early-run fish. E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 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. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 39189 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). E:\FR\FM\09AUR1.SGM 09AUR1 39190 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations 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. khammond on DSKBBV9HB2PROD with RULES Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires preparation of flexibility analyses for rules that will have a significant effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. In general, the resources to be harvested under this rule are already being harvested and consumed by the local harvester and do not result in an additional dollar benefit to the economy. However, we estimate that two million pounds of meat are harvested by subsistence users annually VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 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. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09AUR1.SGM 09AUR1 39191 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations • Thomas Whitford, Alaska Regional Office, USDA Forest Service. Subpart D—Subsistence Taking of Fish and Wildlife List of Subjects ■ 2. Amend 36 CFR part 242 and 50 CFR part 100 by revising § l.27(e)(10) to read as follows: 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. § l.27 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. PARTllSUBSISTENCE 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. * * * * (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 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 Location Methods and means Kasilof River Drainage .............. Kasilof River dip net or rod and reel for salmon; Kasilof River fish wheel for salmon; Kasilof River gillnet for salmon. Kenai River dip net or rod and reel for salmon; Kenai River gillnet for salmon. Tustumena Lake rod and reel for salmon; Kasilof River drainage rod and reel for resident species. Kenai River 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 ........................................... Kenai River Drainage ................ Kasilof River Drainage .............. Kenai River Drainage ................ Tustumena Lake ....................... (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 khammond on DSKBBV9HB2PROD with RULES Subsistence taking of fish. * 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: Permit type 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- Household Annual Permit. Household Annual Permit. General Subsistence Fishing Permit (Daily/ Possession Limits). General Subsistence Fishing Permit (Daily/ Possession Limits). Tustumena Lake Winter Permit. 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: Species Number of fish allowed for each permit holder Additional fish allowed for each household member Sockeye ................................................................................................................................................... Chinook .................................................................................................................................................... Coho ........................................................................................................................................................ Pink .......................................................................................................................................................... 25 10 10 10 5 2 2 2 VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\09AUR1.SGM 09AUR1 39192 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations (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 khammond on DSKBBV9HB2PROD with RULES Sockeye salmon ........ Chinook salmon ........ Coho salmon ............. Pink salmon .............. June June June June 16–August 15. 16–August 15. 16–October 31. 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: VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 (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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (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 5.25inch 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 polenet 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 inseason 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. E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations 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), Size Coho salmon ....................................................... Pink salmon ......................................................... 16 inches and longer .......................................... 16 inches and longer .......................................... Limits steelhead trout, and Dolly Varden or Arctic char may be harvested by rod and reel in Federally managed waters of the 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 ............................................. Rainbow or steelhead trout ................................. (F) Tustumena Lake under ice fishery; resident species. 4 per day and 4 in possession. 6 per day and 6 in possession. Kasilof River drainage the entire year as follows: Species Dolly Varden and Arctic char .............................. Limits (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. 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 VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 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. at one specified site on the Russian River. (i) For the Russian River fishing site, incidentally caught fish may be retained PO 00000 Frm 00019 (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: Additional fish allowed for each household member Sockeye salmon ........................................ (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 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 khammond on DSKBBV9HB2PROD with RULES except for the following harvest and possession limits: Species (E) Kasilof drainage rod and reel; resident species. Resident fish species including lake trout, rainbow or 39193 Fmt 4700 Sfmt 4700 for subsistence uses, except for earlyand late-run Chinook salmon, coho salmon, rainbow trout, and Dolly Varden, which must be released. E:\FR\FM\09AUR1.SGM 09AUR1 39194 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations (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. 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 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 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. Species Period Sockeye salmon .......... July 1–August 15 and September 10–30. July 1–15 .................... Early-run Chinook salmon less than 46 inches in length or greater than 55 inches in length. Late-run Chinook salmon. July 16–August 15 ..... 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. khammond on DSKBBV9HB2PROD with RULES (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 (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, VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 (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: Location All three sites. Kenai River sites only. Kenai River sites only. Kenai River sites only. (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: Harvest Fishery limits 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. ......................................................................... Fishery will close until July 16 once 50 earlyrun Chinook salmon have been retained or released. All live fish must be released. Fish that die in net may be retained. 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. (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 E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations 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. Species Size Chinook salmon— Early-run (January 1 through July 15). Chinook salmon—Late-run (July 16 through August 31). All other salmon .............................. Less than 46 inches or 55 inches and longer. 20 inches and longer ..................... (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: Limits 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 khammond on DSKBBV9HB2PROD with RULES (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. 39195 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 ............. VerDate Sep<11>2014 15:42 Aug 08, 2019 In flowing waters ............................ In lakes and ponds ........................ Jkt 247001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\09AUR1.SGM 09AUR1 39196 * * Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations * * * 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0159; FRL–9997–66– Region 9] Partial Approval, Partial Disapproval and Limited Approval, Limited Disapproval of Arizona Air Plan Revisions; Pinal County Air Quality Control District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing a partial approval and partial disapproval of revisions to the Pinal County Air Quality Control District (PCAQCD) portion of the Arizona State Implementation Plan (SIP). This action concerns the District’s demonstration regarding reasonably available control technology (RACT) requirements and negative declarations for the 2008 8hour ozone National Ambient Air SUMMARY: Quality Standards (NAAQS or ‘‘standards’’) in the portion of the Phoenix-Mesa ozone nonattainment area under the jurisdiction of the PCAQCD. The EPA is also finalizing a limited approval and limited disapproval of two PCAQCD rules that regulate emissions from surface coating operations and gasoline dispensing stations that were submitted with its RACT SIP demonstration. This partial disapproval of the RACT SIP and limited disapproval of two PCAQCD rules will trigger sanctions clocks under the CAA that will be stopped if the EPA approves subsequent SIP revisions that correct the rule and RACT SIP deficiencies within 18 months of the effective date of this final action. Under the authority of the Clean Air Act (CAA or the Act), this action simultaneously approves the PCAQCD rules for surface coating operations and storage and loading of gasoline at gasoline dispensing facilities and directs Arizona to correct the rule deficiencies. DATES: These rules will be effective on September 9, 2019. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA–R09–OAR–2019–0159. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the docket, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX—(Air 3– 2), 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 947–4122 or by email at tong.stanley@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Proposed Action II. EPA Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Proposed Action On May 13, 2019 (84 FR 20838), the EPA proposed to partially approve and partially disapprove PCAQCD’s 2016 RACT SIP (‘‘2016 RACT SIP’’) demonstration and negative declarations for the 2008 8-hour ozone NAAQS. Our notice also proposed a limited approval and limited disapproval of the following two PCAQCD rules that were submitted with the 2016 RACT SIP: Chapter 5, Article 13, Surface Coating Operations, and Chapter 5, Article 20, Storage and Loading of Gasoline at Gasoline Dispensing Facilities. Table 1 lists the documents that were submitted by the Arizona Department of Environmental Quality (ADEQ) for incorporation into the Arizona SIP and were the subject of our May 13, 2019 proposed rulemaking action. TABLE 1—SUBMITTED DOCUMENTS Local agency Document PCAQCD ....... Reasonably Available Control Technology (RACT) Analysis, Negative Declaration and Rules Adoption. Chapter 5, Article 13 Surface Coating Operations ..................................................................... 5–13–100, ‘‘General’’ ................................................................................................................... 5–13–200, ‘‘Definitions’’ ............................................................................................................... 5–13–300, ‘‘Standards’’ ............................................................................................................... 5–13–400, ‘‘Administrative Requirements’’ ................................................................................. 5–13–500, ‘‘Monitoring and Records’’ ......................................................................................... Note: the submittal explicitly excludes 5–13–390 ‘‘Spray Paint and Other Surface Coating Operations’’ (as amended 10/12/95).. Chapter 5, Article 20 Storage and Loading of Gasoline at Gasoline Dispensing Facilities ....... 5–20–100 ‘‘General’’ .................................................................................................................... 5–20–200 ‘‘Definitions’’ ................................................................................................................ 5–20–300 ‘‘Standards’’ ................................................................................................................ 5–20–400 ‘‘Administrative Requirements’’ .................................................................................. 5–20–500 ‘‘Monitoring and Records’’ .......................................................................................... PCAQCD ....... khammond on DSKBBV9HB2PROD with RULES PCAQCD ....... PCAQCD’s 2016 RACT SIP provides the District’s demonstration that the applicable SIP for the PCAQCD satisfies CAA section 182 RACT requirements for VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 Adopted the 2008 8-hour ozone NAAQS. This conclusion is based on the District’s analysis of SIP-approved requirements that apply to the following: (1) Source PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Submitted 11/30/2016 2/3/2017 11/30/2016 2/3/2017 11/30/2016 2/3/2017 categories for which the EPA has issued a Control Techniques Guidelines (CTG) document, and (2) major non-CTG stationary sources of Volatile Organic E:\FR\FM\09AUR1.SGM 09AUR1

Agencies

[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