[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Proposed Rules]
[Pages 49322-49330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21218]
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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; FXRS12610700000-189-FF07J00000; FBMS
#4500124645]
RIN 1018-BB99
Subsistence Management Regulations for Public Lands in Alaska--
Cook Inlet Area Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would revise the regulations for seasons,
harvest limits, and methods and means for the subsistence taking of
fish in the Cook Inlet Area of Alaska. This action would also
reorganize specific regulations addressing the Kenai River, which would
provide clarity for the public, and allow the Federal Subsistence Board
to correct regulatory conflicts that have arisen based on recent
rulemaking.
DATES:
Public meetings: The Southcentral Federal Subsistence Regional
Advisory Council will hold a public meeting October 29-30, 2018, to
receive comments, make proposals to change this proposed rule, and make
recommendations to the Federal Subsistence Board. The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in January 2019. See SUPPLEMENTARY INFORMATION for specific
information on the public meetings.
Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by October 31, 2018.
ADDRESSES:
Public meetings: The Federal Subsistence Board and the Southcentral
Federal Subsistence Regional Advisory Council will hold public meetings
at various locations in Alaska. See SUPPLEMENTARY INFORMATION for
specific information on the dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
http://
[[Page 49323]]
www.regulations.gov and search for FWS-R7-SM-2018-0003, which is the
docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the
Designated Federal Official attending the Southcentral Federal
Subsistence Regional Advisory Council public meeting. See SUPPLEMENTARY
INFORMATION for additional information on locations of the public
meetings.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Review Process section below for more information).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas C.J. Doolittle,
Office of Subsistence Management; (907) 786-3888 or
subsistence@fws.gov. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
twhitford@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (hereafter referred to as ``the
Secretaries'') jointly implement the Federal Subsistence Management
Program (hereafter referred to as ``the Program''). The Program
provides a preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. Only
Alaska residents of areas identified as rural are eligible to
participate in the Program. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
22940). Program officials have subsequently amended these regulations a
number of times.
Because the Program is a joint effort between the Departments of
the Interior and Agriculture, these regulations are located in two
titles of the Code of Federal Regulations (CFR): The Agriculture
regulations are at title 36, ``Parks, Forests, and Public Property,''
and the Interior regulations are at title 50, ``Wildlife and
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively.
Consequently, to indicate that identical changes are proposed for
regulations in both titles 36 and 50, in this document we will present
references to specific sections of the CFR as shown in the following
example: Sec. __.27.
The Program regulations contain subparts as follows: Subpart A,
General Provisions; Subpart B, Program Structure; Subpart C, Board
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Program. The
Board comprises:
A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
The Alaska Regional Director, U.S. Fish and Wildlife
Service;
The Alaska Regional Director, National Park Service;
The Alaska State Director, Bureau of Land Management;
The Alaska Regional Director, Bureau of Indian Affairs;
The Alaska Regional Forester, USDA Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D. Subpart C sets
forth important Board determinations regarding program eligibility,
i.e., which areas of Alaska are considered rural and which species are
harvested in those areas as part of a ``customary and traditional use''
for subsistence purposes. Subpart D sets forth specific harvest seasons
and limits.
In administering the Program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Advisory Council. The Regional Advisory Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Regional Advisory Council members represent varied geographical,
cultural, and user interests within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Southcentral Federal Subsistence Regional Advisory Council will
have a substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Southcentral Federal Subsistence Regional Advisory Council,
will hold a public meeting on this proposed rule in Cordova, AK,
beginning October 29, 2018.
The location and date may change based on weather or local
circumstances. The amount of work on the Southcentral Regional Advisory
Council's agenda will determine the length of the meeting.
The Board will discuss and evaluate proposed changes to this
proposed rule during a public meeting to be held in Anchorage, AK, in
January 2019. The Federal Subsistence Regional Advisory Council Chairs,
or their designated representatives, will present their respective
Councils' recommendations at the Board meeting. Additional oral
testimony may be provided on this proposed rule to the Board at that
time. At that public meeting, the Board will deliberate and take final
action on this proposed rule. Specific information about the meeting
locations may be obtained closer to the meeting dates from the contacts
listed in FOR FURTHER INFORMATION CONTACT.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via http://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
website. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov at Docket
No. FWS-R7-SM-2018-0003, or by appointment, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is committed to providing access to
these meetings for all participants. Please direct all requests for
sign language interpreting services, closed captioning, or other
accommodation needs to Caron McKee, 907-786-3880, subsistence@fws.gov,
or 800-877-8339 (TTY), seven business days prior to the meeting you
would like to attend.
[[Page 49324]]
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the Federal Government and Federally Recognized
Indian Tribes (Tribes) as listed in 82 FR 4915 (January 17, 2017).
Consultation with Alaska Native corporations is based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native corporations on the same basis as Indian tribes under Executive
Order No. 13175.''
ANILCA does not provide specific rights to Tribes for the
subsistence taking of wildlife, fish, and shellfish. However, because
tribal members are affected by subsistence fishing, hunting, and
trapping regulations, the Secretaries, through the Board, will provide
Federally recognized Tribes and Alaska Native corporations an
opportunity to consult on this proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board will provide a variety of opportunities for
consultation: Commenting on proposed changes to the existing rule;
engaging in dialogue at the Regional Advisory Council meeting; engaging
in dialogue at the Board meeting; and providing input in person, by
mail, email, or phone at any time during the rulemaking process. The
Board will commit to efficiently and adequately providing an
opportunity to Tribes and Alaska Native corporations for consultation
in regard to subsistence rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the Cook Inlet Area Proposed Regulations
In titles 36 and 50 of the CFR, the subparts C and D regulations
are subject to periodic review and revision. The Board currently
completes the process of revising subsistence take of fish and
shellfish regulations in odd-numbered years and wildlife regulations in
even-numbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable cycle, and
nonrural determinations during the fish and shellfish cycle.
The current Cook Inlet Area subsistence regulations were revised on
May 18, 2015 (80 FR 28187). Two of the revisions addressed community
gillnets on the Kasilof and Kenai rivers. While the intent of providing
additional opportunities for subsistence users was met, details
concerning the harvest limits were difficult and confusing to the
public since they overlapped with other active subsistence fisheries on
these rivers. In addition, the new regulations were in conflict with
existing regulations dealing with early- and late-run Chinook salmon,
and various size limits for rainbow trout and Dolly Varden.
The Board directed program and field staff to develop
recommendations to alleviate these concerns from the Council and
members of the public. While some of the size limits are needed as
management tools in certain fisheries, the limits are not required in
other fisheries. Issues with early and late runs of Chinook salmon will
require new regulations addressing early-run fish.
In the interim, the Board addressed these concerns through the
special action process as defined in Sec. __.19 of these regulations.
This proposed rule reflects the combined efforts of program and
field staff, staff from other agencies participating in the Federal
program, and members of the public and tribal entities affected by
these regulations.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence uses, but will
not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of the
subsistence program regulations was conducted in accordance with
section 810. That evaluation also supported the Secretaries'
determination that the regulations will not reach the ``may
significantly restrict'' threshold that would require notice and
hearings under ANILCA section 810(a).
Paperwork Reduction Act (PRA)
This proposed rule does not contain any new collections of
information that require Office of Management and Budget (OMB)
approval. OMB has reviewed and approved the collections of information
associated with the subsistence regulations at 36 CFR part 242 and 50
CFR part 100, and assigned OMB Control Number 1018-0075, which expires
June 30, 2019. An agency may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all
[[Page 49325]]
significant rules. OIRA has determined that this proposed rule is not
significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this proposed rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. However, we
estimate that two million pounds of meat are harvested by subsistence
users annually and, if given an estimated dollar value of $3.00 per
pound, this amount would equate to about $6 million in food value
statewide. Based upon the amounts and values cited above, the
Departments certify that this rulemaking will not have a significant
economic effect on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this proposed rule is not a major rule. It will
not have an effect on the economy of $100 million or more, will not
cause a major increase in costs or prices for consumers, and will not
have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these proposed
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule is by Federal agencies and there is no cost
imposed on any State or local entities or tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the proposed rule does
not have sufficient Federalism implications to warrant the preparation
of a Federalism Assessment. Title VIII of ANILCA precludes the State
from exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
Title VIII of ANILCA does not provide specific rights to tribes for
the subsistence taking of wildlife, fish, and shellfish. However, the
Secretaries, through the Board, will provide Federally recognized
Tribes and Alaska Native corporations an opportunity to consult on this
proposed rule, as discussed above under Tribal Consultation and
Comment.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Theo Matuskowitz drafted this proposed rule under the guidance of
Thomas C.J. Doolittle of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by:
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Clarence Summers, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Carol Damberg, Alaska Regional Office, U.S. Fish and
Wildlife Service; and
Thomas Whitford, Alaska Regional Office, USDA-Forest
Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
Proposed Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 as set
forth below.
PART__--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart D--Subsistence Taking of Fish and Wildlife
0
2. Amend 36 CFR part 242 and 50 CFR part 100 by revising Sec.
__.27(e)(10) to read as follows:
Sec. __.27 Subsistence taking of fish.
* * * * *
(e) * * *
(10) Cook Inlet Area. The Cook Inlet Area includes all waters of
Alaska enclosed by a line extending east from Cape Douglas
(58[deg]51.10' N Lat.) and a line extending south from Cape Fairfield
(148[deg]50.25' W Long.).
(i) General area regulations.
(A) Unless restricted by regulations in this section, or unless
restricted under the terms of a subsistence fishing permit, you may
take fish at any time in the Cook Inlet Area.
(B) If you take rainbow or steelhead trout incidentally in
subsistence net
[[Page 49326]]
fisheries, you may retain them for subsistence purposes, unless
otherwise prohibited or provided for in this section. With jigging gear
through the ice or rod-and-reel gear in open waters, there is an annual
limit of two rainbow or steelhead trout 20 inches or longer, taken from
Kenai Peninsula fresh waters.
(C) Under the authority of a Federal subsistence fishing permit,
you may take only salmon, trout, Dolly Varden, and other char.
(D) All fish taken under the authority of a Federal subsistence
fishing permit must be marked and recorded prior to leaving the fishing
site.
(1) The fishing site includes the particular Federal public waters
and/or adjacent shoreline from which the fish were harvested.
(2) Marking means removing the dorsal fin.
(E) You may not take grayling or burbot for subsistence purposes.
(F) You may take smelt with dip nets in fresh water only from April
1 through June 15. There are no harvest or possession limits for smelt.
(G) You may take whitefish in the Tyone River drainage using
gillnets.
(H) You may take fish by gear listed in this section unless
restricted by other regulations in this section or under the terms of a
Federal subsistence fishing permit (as may be modified by regulations
in this section).
(I) Seasons, harvest and possession limits, and methods and means
for take are the same as for the taking of those species under Alaska
sport fishing regulations (5 AAC 56 and 5 AAC 57) unless modified
herein or by issuance of a Federal special action.
(J) Applicable harvest provisions are as follows:
------------------------------------------------------------------------
Permit Location Methods and means
------------------------------------------------------------------------
Household Annual Permit....... Kasilof River Kasilof dip net or
Drainage. rod and reel for
salmon; Kasilof fish
wheel for salmon;
Kasilof experimental
gillnet for salmon.
Kenai River Kenai dip net or rod
Drainage. and reel for salmon;
Kenai gillnet for
salmon.
General Subsistence Fishing Kasilof River Tustumena Lake rod
Permit (Daily/Possession Drainage. and reel for salmon;
Limits). Kasilof drainage rod
and reel for
resident species.
Kenai River Kenai rod and reel
Drainage. only for salmon;
Kenai River and
tributaries under
ice jigging and rod
and reel for
resident species.
Tustumena Lake Winter Permit.. Tustumena Lake... Tustumena Lake under
ice fishery.
------------------------------------------------------------------------
(1) Harvest limits may not be accumulated.
(2) Each household may harvest its annual salmon limits in one or
more days.
(3) All salmon harvested as part of a household annual limit must
be reported to the Federal in-season manager within 72 hours of leaving
the fishing site.
(4) For Ninilchik residents, the household annual limits for
Chinook salmon in the Kasilof River and for late-run Chinook salmon in
the Kenai River are combined.
(ii) Seasons, harvest limits, and methods and means for Kasilof
fisheries. Household annual limits for salmon in Kasilof River
fisheries are as follows:
------------------------------------------------------------------------
Number of fish Additional fish
Species allowed for each allowed for each
permit holder household member
------------------------------------------------------------------------
Sockeye........................... 25 5
Chinook........................... 10 2
Coho.............................. 10 2
Pink.............................. 10 2
------------------------------------------------------------------------
(A) Kasilof dip net or rod and reel; salmon.
(1) Residents of Ninilchik may take sockeye, Chinook, coho, and
pink salmon through a dip net or rod and reel fishery on the upper
mainstem of the Kasilof River from a Federal regulatory marker on the
river below the outlet of Tustumena Lake downstream to a marker on the
river approximately 2.8 miles below the Tustumena Lake boat ramp.
(2) Residents using rod-and-reel gear may fish with up to two
baited single or treble hooks.
(3) Harvest seasons are as follows:
------------------------------------------------------------------------
Species Season Harvest limits
------------------------------------------------------------------------
Sockeye salmon................ June 16-August 15 .....................
Chinook salmon................ June 16-August 15 .....................
Coho salmon................... June 16-October .....................
31.
Pink salmon................... June 16-October .....................
31.
Rainbow and steelhead trout... April 1-August 15 The Federal in-season
manager will close
the take of rainbow
and steelhead trout
after 200 have been
harvested.
------------------------------------------------------------------------
(B) Kasilof fish wheel; salmon.
(1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon through a fish wheel fishery in the Federal public waters
of the upper mainstem of the Kasilof River.
(2) Residents of Ninilchik may retain other species incidentally
caught in the Kasilof River fish wheel except for rainbow or steelhead
trout, which must be released and returned unharmed to the water.
(3) Only one fish wheel may be operated on the Kasilof River. The
fish wheel must: Have a live box, be monitored when fishing, be stopped
from fishing when it is not being monitored or used, and be installed
and
[[Page 49327]]
operated in compliance with any regulations and restrictions for its
use within the Kenai National Wildlife Refuge.
(4) One registration permit will be available and will be awarded
by the Federal in-season fishery manager, in consultation with the
Kenai National Wildlife Refuge manager, based on the merits of the
operational plan. The registration permit will be issued to an
organization that, as the fish wheel owner, will be responsible for its
construction, installation, operation, use, and removal in consultation
with the Federal fishery manager. The owner may not rent or lease the
fish wheel for personal gain. As part of the permit, the organization
must:
(i) Prior to the season: Provide a written operational plan to the
Federal fishery manager including a description of how fishing time and
fish will be offered and distributed among households and residents of
Ninilchik.
(ii) During the season: Mark the fish wheel with a wood, metal, or
plastic plate that is at least 12 inches high by 12 inches wide,
permanently affixed, and plainly visible and that contains the
following information in letters and numerals at least 1 inch high:
Registration permit number; organization's name and address; and
primary contact person name and telephone number.
(iii) After the season: Provide written documentation of required
evaluation information to the Federal fishery manager including, but
not limited to, persons or households operating the gear, hours of
operation, and number of each species caught and retained or released.
(5) People operating the fish wheel must:
(i) Have in possession a valid Federal subsistence fishing permit
and remain onsite to monitor the fish wheel and remove all fish at
least every hour.
(ii) In addition, any person operating the fish wheel who is not
the owner must attach to the fish wheel an additional wood, metal, or
plastic plate that is at least 12 inches high by 12 inches wide, is
plainly visible, and contains the person's fishing permit number, name,
and address in letters and numerals at least 1 inch high.
(6) The organization owning the fish wheel may operate the fish
wheel for subsistence purposes on behalf of residents of Ninilchik by
requesting a subsistence fishing permit that:
(i) Identifies a person who will be responsible for operating the
fish wheel; and
(ii) Includes provisions for recording daily catches, the household
to whom the catch was given, and other information determined to be
necessary for effective resource management by the Federal fishery
manager.
(7) Fishing is allowed from June 16 through October 31 on the
Kasilof River unless closed or otherwise restricted by Federal special
action.
(C) Kasilof experimental gillnet; salmon.
(1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon through an experimental community gillnet fishery in the
Federal public waters of the upper mainstem of the Kasilof River from a
Federal regulatory marker on the river below the outlet of Tustumena
Lake downstream to the Tustumena Lake boat launch June 16 through
August 15.
(2) The experimental community gillnet fishery will expire July 13,
2020.
(3) Only one community gillnet may be operated on the Kasilof
River. The gillnet may not be over 10 fathoms in length and may not
obstruct more than half of the river width with stationary fishing
gear. In addition, subsistence stationary gillnet gear may not be set
within 200 feet of other subsistence stationary gear.
(4) One registration permit will be available and will be awarded
by the Federal in-season fishery manager, in consultation with the
Kenai National Wildlife Refuge manager, based on the merits of the
operational plan. The registration permit will be issued only to an
organization that, as the community gillnet owner, will be responsible
for its use in consultation with the Federal fishery manager. As part
of the permit, the organization must:
(i) Prior to the season: Provide a written operational plan to the
Federal fishery manager including a description of fishing method, mesh
size requirements, fishing time and location, and how fish will be
offered and distributed among households and residents of Ninilchik.
(ii) After the season: Provide written documentation of required
evaluation information to the Federal fishery manager including, but
not limited to, persons or households operating the gear, hours of
operation, and number of each species caught and retained or released.
(5) The experimental community gillnet is subject to compliance
with applicable Kenai National Wildlife Refuge regulations and
restrictions. It is the obligation of the gillnet owner to be familiar
with such regulations and restrictions.
(6) The organization owning the gillnet may operate the net for
subsistence purposes on behalf of residents of Ninilchik by requesting
a subsistence fishing permit that identifies a person who will be
responsible for fishing the gillnet and includes provisions for
recording daily catches, the household to whom the catch was given, and
other information determined to be necessary for effective resource
management by the Federal fishery manager.
(7) Residents of Ninilchik may retain other species incidentally
caught in the Kasilof River experimental community gillnet fishery. The
gillnet fishery will be closed when the retention of rainbow or
steelhead trout has been restricted under Federal subsistence
regulations.
(D) Tustumena Lake rod and reel; salmon.
(1) In addition to the dip net and rod and reel fishery on the
upper mainstem of the Kasilof River described under paragraph
(e)(10)(ii)(B) of this section, residents of Ninilchik may also take
coho and pink salmon through a rod and reel fishery in Tustumena Lake.
Fishing is allowed with up to two baited single or treble hooks.
(2) Seasons, areas, harvest and possession limits, and methods and
means for take are the same as for the taking of these species under
Alaska sport fishing regulations (5 AAC 56), except for the following
harvest and possession limits:
------------------------------------------------------------------------
Species Size Limits
------------------------------------------------------------------------
Coho salmon................. 16 inches and longer 4 per day and 4 in
possession.
Pink salmon................. 16 inches and longer 6 per day and 6 in
possession.
------------------------------------------------------------------------
(E) Kasilof drainage rod and reel; resident species. Resident fish
species including lake trout, rainbow or steelhead trout, and Dolly
Varden or Arctic char may be harvested by rod and reel in Federally
managed waters of the Kasilof River drainage the entire year as
follows:
[[Page 49328]]
------------------------------------------------------------------------
Species Specifications Limits
------------------------------------------------------------------------
Lake trout.................. Fish 20 inches and 4 per day and 4 in
longer. possession.
Fish less than 20 15 per day and 15 in
inches in length. possession.
Dolly Varden and Arctic char In flowing waters... 4 per day and 4 in
possession.
In lakes and ponds.. 10 per day and 10 in
possession.
Rainbow or steelhead trout.. In flowing waters... 2 per day and 2 in
possession.
In lakes and ponds.. 5 per day and 5 in
possession.
------------------------------------------------------------------------
(F) Tustumena Lake under ice fishery; resident species.
(1) You may fish in Tustumena Lake with a gillnet under the ice, or
with jigging gear used through the ice. The gillnet may not be longer
than 10 fathoms.
(2) Harvest limits are as follows:
------------------------------------------------------------------------
Additional
Methods Limits provisions
------------------------------------------------------------------------
Jigging gear through the ice Household annual Household limits are
limit of 30 fish in included in the
any combination of overall total
lake trout, rainbow annual harvest
trout, and Dolly quota.
Varden or Arctic
char.
Gillnet under the ice....... Total annual harvest The Federal in-
quota of 200 lake season manager will
trout, 200 rainbow issue a closure for
trout, and 500 this fishery once
Dolly Varden or any of these quotas
Arctic char. has been met.
------------------------------------------------------------------------
(3) You may harvest fish under the ice only in Tustumena Lake.
Gillnets are not allowed within a \1/4\-mile radius of the mouth of any
tributary to Tustumena Lake, or the outlet of Tustumena Lake.
(4) A permit is required. The permit will be issued by the Federal
in-season manager or designated representative and will be valid for
the winter season unless the season is closed by special action.
(i) The permittee must report the following information: The number
of each species caught; the number of each species retained; the
length, depth (number of meshes deep), and mesh size of gillnet fished;
the fishing site; and the total hours fished.
(ii) The gillnet must be checked at least once in every 48-hour
period.
(iii) For unattended gear, the permittee's name and address must be
plainly and legibly inscribed on a stake at one end of the gillnet.
(5) Incidentally caught fish may be retained and must be recorded
on the permit before transporting fish from the fishing site.
(6) Failure to return the completed harvest permit by May 31 may
result in issuance of a violation notice and/or denial of a future
subsistence permit.
(iii) Seasons, harvest limits, and methods and means for Kenai
fisheries. Household annual limits for salmon in Kenai River fisheries
are as follows:
----------------------------------------------------------------------------------------------------------------
Number of fish Additional fish
Species allowed for each allowed for each Additional provisions
permit holder household member
----------------------------------------------------------------------------------------------------------------
Sockeye salmon.......................... 25 5 Chum salmon that are retained
are to be included within the
annual limit for sockeye
salmon.
Chinook salmon--Early-run (July 1 2 1 For the Kenai River community
through July 15). gillnet fishery described under
paragraph (e)(10)(iii)(B) of
this section.
Chinook salmon--Late-run (July 16 10 2
through August 31).
Coho salmon............................. 20 5
Pink salmon............................. 15 5
----------------------------------------------------------------------------------------------------------------
(A) Kenai dip net or rod and reel; salmon.
(1) You may take only sockeye salmon through a dip net or rod and
reel fishery at one specified site on the Russian River.
(i) For the Russian River fishing site, incidentally caught fish
may be retained for subsistence uses, except for early- and late-run
Chinook salmon, coho salmon, rainbow trout, and Dolly Varden, which
must be released.
(ii) At the Russian River Falls site, dip netting is allowed from a
Federal regulatory marker near the upstream end of the fish ladder at
Russian River Falls downstream to a Federal regulatory marker
approximately 600 yards below Russian River Falls. Residents using rod
and reel gear at this fishery site may not fish with bait at any time.
(2) You may take sockeye, late-run Chinook, coho, and pink salmon
through a dip net or rod and reel fishery at two specified sites on the
Kenai River below Skilak Lake and as provided in this section.
(i) For both Kenai River fishing sites below Skilak Lake,
incidentally caught fish may be retained for subsistence uses, except
for early-run Chinook salmon (unless otherwise provided for in this
section), rainbow trout 18 inches or longer, and Dolly Varden 18 inches
or longer, which must be released.
(ii) At the Kenai River Moose Range Meadows site, dip netting is
allowed only from a boat from a Federal regulatory marker on the Kenai
River at about river mile 29 downstream approximately 2.5 miles to
another marker on the Kenai River at about river mile 26.5. Residents
using rod and reel gear at this fishery site may fish from boats or
from shore with up to two baited single or treble hooks June 15 through
August 31.
(iii) At the Kenai river mile 48 site, dip netting is allowed while
either standing in the river or from a boat, from Federal regulatory
markers on both sides of the Kenai River at about river mile 48
(approximately 2 miles below
[[Page 49329]]
the outlet of Skilak Lake) downstream approximately 2.5 miles to a
marker on the Kenai River at about river mile 45.5. Residents using rod
and reel gear at this fishery site may fish from boats or from shore
with up to two baited single or treble hooks June 15 through August 31.
(3) Fishing seasons are as follows:
------------------------------------------------------------------------
Species Season Location
------------------------------------------------------------------------
Sockeye salmon.............. June 15-August 15... All three sites.
Late-run Chinook salmon..... July 16-September 30 Kenai River sites
only.
Pink salmon................. July 16-September 30 Kenai River sites
only.
Coho salmon................. July 16-September 30 Kenai River sites
only.
------------------------------------------------------------------------
(B) Kenai gillnet; salmon.
(1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon in the Moose Range Meadows area of the Federal public
waters of the Kenai River with a single gillnet to be managed and
operated by the Ninilchik Traditional Council.
(2) Fishing will be allowed July 1 through August 15 and September
10-30 on the Kenai River unless closed or otherwise restricted by
Federal special action. The following conditions apply to harvest in
the Kenai community gillnet fishery:
(i) Salmon taken in this fishery will be included as household
annual limits of participating households.
(ii) Additional harvest restrictions for this fishery are as
follows:
----------------------------------------------------------------------------------------------------------------
Species Period Harvest Limits
----------------------------------------------------------------------------------------------------------------
Early-run Chinook salmon less than 46 July 1-15.............. Fish may be retained if Fishery will close
inches in length or greater than 55 the most current until July 16 once 50
inches in length. preseason forecast early-run Chinook
from the State of salmon have been
Alaska Department of retained or released.
Fish and Game projects
the in-river run to be
within or above the
optimal escapement
goal range for early-
run Chinook salmon;
otherwise, live fish
must be released.
Late-run Chinook salmon.............. July 16-August 15...... ....................... Fishery will close
prior to August 15 if
200 late-run Chinook
salmon have been
retained or released
prior to that date.
Fishery will reopen
September 10-30 for
species available at
that time.
Pink salmon.......................... July 16-August 15 and .......................
September 10-30.
Coho salmon.......................... July 16-August 15 and .......................
September 10-30.
Incidentally caught rainbow trout and ....................... All live fish must be Fishery will close for
Dolly Varden. released. Fish that the season once 100
die in net may be rainbow trout or 150
retained. Dolly Varden have been
released or retained.
----------------------------------------------------------------------------------------------------------------
(iii) Chinook salmon less than 20 inches in length may be retained
and do not count towards retained or released totals.
(iv) Other incidentally caught species may be retained; however,
all incidental fish mortalities, except for Chinook salmon less than 20
inches in length, count towards released or retained totals specified
in this section.
(3) Only one community gillnet may be operated on the Kenai River.
(i) The gillnet may not: Be over 10 fathoms in length to take
salmon; be larger than 5.25-inch mesh; and obstruct more than half of
the river width with stationary fishing gear.
(ii) Subsistence stationary gillnet gear may not be set within 200
feet of other subsistence stationary gear.
(4) One registration permit will be available and will be issued by
the Federal in-season manager, in consultation with the Kenai National
Wildlife Refuge manager, to the Ninilchik Traditional Council. As the
community gillnet owner, the Ninilchik Traditional Council will be
responsible for its use and removal in consultation with the Federal
in-season manager. As part of the permit, the Ninilchik Traditional
Council must provide post-season written documentation of required
evaluation information to the Federal in-season manager including, but
not limited to:
(i) Persons or households operating the gear;
(ii) Hours of operation; and
(iii) Number of each species caught and retained or released.
(5) The Ninilchik Traditional Council may operate the net for
subsistence purposes on behalf of residents of Ninilchik by requesting
a subsistence fishing permit that:
(i) Identifies a person who will be responsible for fishing the
gillnet; and
(ii) Includes provisions for recording daily catches, the household
to whom the catch was given, and other information determined to be
necessary for effective resource management by the Federal in-season
manager.
(C) Kenai rod and reel only; salmon.
(1) For Federally managed waters of the Kenai River and its
tributaries, you may take sockeye, Chinook, coho, pink, and chum salmon
through a separate rod and reel fishery in the Kenai River drainage.
(2) Seasons, areas, harvest and possession limits, and methods and
means for take are the same as for the taking of these salmon species
under State of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC
77.540), except for the following harvest and possession limits:
[[Page 49330]]
----------------------------------------------------------------------------------------------------------------
Species Size Limits
----------------------------------------------------------------------------------------------------------------
Early-run Chinook salmon............. Less than 46 inches or 2 per day and 2 in possession.
55 inches and longer.
Late-run Chinook salmon.............. 20 inches and longer... 2 per day and 2 in possession.
All other salmon..................... 16 inches and longer... 6 per day and 6 in possession, of which no more
than 4 per day and 4 in possession may be Coho
salmon, except for the Sanctuary Area and
Russian River where no more than 2 per day and
2 in possession may be Coho salmon.
----------------------------------------------------------------------------------------------------------------
(i) In the Kenai River below Skilak Lake, fishing is allowed with
up to two baited single or treble hooks June 15 through August 31.
(ii) Annual harvest limits for any combination of early- and late-
run Chinook salmon are four for each permit holder.
(iii) Incidentally caught fish, other than salmon, are subject to
regulations found in paragraph (e)(10)(iii)(D) of this section.
(D) Kenai River and tributaries under ice jigging and rod and reel;
resident species.
(1) For Federally managed waters of the Kenai River and its
tributaries below Skilak Lake outlet at river mile 50, you may take
resident fish species including lake trout, rainbow trout, and Dolly
Varden or Arctic char with jigging gear through the ice or rod and reel
gear in open waters. Seasons, areas, harvest and possession limits, and
methods and means for take are the same as for the taking of these
resident species under State of Alaska fishing regulations (5 AAC 56, 5
AAC 57, and 5 AAC 77.540), except for the following harvest and
possession limits:
----------------------------------------------------------------------------------------------------------------
Species Specifications Limits
----------------------------------------------------------------------------------------------------------------
Lake trout........................... 20 inches or longer.... 4 per day and 4 in possession.
Less than 20 inches.... 15 per day and 15 in possession.
Dolly Varden or Arctic char.......... In flowing waters...... For fish less than 18 inches, 1 per day and 1 in
possession.
In lakes and ponds..... 2 per day and 2 in possession, of which only one
may be 20 inches or longer, may be harvested
daily.
Rainbow or steelhead trout........... In flowing waters...... For fish less than 18 inches in length, 1 per
day and 1 in possession.
In lakes and ponds..... 2 per day and 2 in possession, of which only one
fish 20 inches or longer may be harvested
daily.
----------------------------------------------------------------------------------------------------------------
(2) For Federally managed waters of the upper Kenai River and its
tributaries above Skilak Lake outlet at river mile 50, you may take
resident fish species including lake trout, rainbow trout, and Dolly
Varden or Arctic char with jigging gear through the ice or rod and reel
gear in open waters. Seasons, areas, harvest and possession limits, and
methods and means for take are the same as for the taking of these
resident species under Alaska fishing regulations (5 AAC 56, 5 AAC 57,
5 AAC 77.540), except for the following harvest and possession limits:
----------------------------------------------------------------------------------------------------------------
Species Specifications Limits
----------------------------------------------------------------------------------------------------------------
Lake trout........................... 20 inches or longer.... 4 per day and 4 in possession.
Less than 20 inches.... 15 per day and 15 in possession.
From Hidden Lake....... 2 per day and 2 in possession regardless of
length.
Dolly Varden or Arctic char.......... In flowing waters...... For fish less than 16 inches in length, 1 per
day and 1 in possession.
In lakes and ponds..... 2 per day and 2 in possession, of which only one
fish 20 inches or longer may be harvested
daily.
Rainbow or steelhead trout........... In flowing waters...... For fish less than 16 inches in length, 1 per
day and 1 in possession.
In lakes and ponds..... 2 per day and 2 in possession, of which only one
fish 20 inches or longer may be harvested
daily.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: September 25, 2018.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
Dated: September 25, 2018.
Thomas Whitford,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2018-21218 Filed 9-28-18; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P