[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
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.
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:
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Location Methods and means Permit type
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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.
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(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