[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Rules and Regulations]
[Pages 28187-28193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11907]


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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-2013-0065; FXFR13350700640-156-FF07J00000; 
FBMS#4500076030]
RIN 1018-AZ67


Subsistence Management Regulations for Public Lands in Alaska--
2015-16 and 2016-17 Subsistence Taking of Fish Regulations

AGENCY: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Final rule.

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SUMMARY: This final rule establishes regulations for seasons, harvest 
limits, methods, and means related to taking of fish for subsistence 
uses in Alaska during the 2015-2016 and 2016-2017 regulatory years. The 
Federal Subsistence Board (Board) completes the biennial process of 
revising subsistence hunting and trapping regulations in even-numbered 
years and subsistence fishing and shellfish regulations in odd-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 biennial cycle.

DATES: This rule is effective May 18, 2015.

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 
Web site (http://www.doi.gov/subsistence/index.cfm).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., 
Office of Subsistence Management; (907) 786-3888 or 
[email protected]. For questions specific to National Forest System 
lands, contact Thomas Whitford, Regional Subsistence Program Leader, 
USDA, Forest Service, Alaska Region; (907) 743-9461 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and 
the Secretary of Agriculture (Secretaries) jointly implement the 
Federal Subsistence Management Program. This program provides a 
preference for take of fish and wildlife resources for subsistence uses 
on Federal public lands and waters in Alaska. The Secretaries published 
temporary regulations to carry out this program in the Federal Register 
on June 29, 1990 (55 FR 27114), and published final regulations in the 
Federal Register on May 29, 1992 (57 FR 22940). The Program has 
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, U.S. National Park Service;
     The Alaska State Director, U.S. Bureau of Land Management;
     The Alaska Regional Director, U.S. Bureau of Indian 
Affairs;
     The Alaska Regional Forester, U.S. 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 
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 
Council members represent varied geographical, cultural, and user 
interests within each region.

[[Page 28188]]

    The Board addresses customary and traditional use determinations 
during the applicable biennial cycle. Section __.24 (customary and 
traditional use determinations) was originally published in the Federal 
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-
established, consistent pattern of use, incorporating beliefs and 
customs which have been transmitted from generation to generation. . . 
.'' Since 1992, the Board has made a number of customary and 
traditional use determinations at the request of affected subsistence 
users. Those modifications, along with some administrative corrections, 
were published in the Federal Register as follows:

                                          Modifications to Sec.   __.24
----------------------------------------------------------------------------------------------------------------
                                                                Rule made changes to the following provisions of
      Federal Register citation          Date of publication                          __.24
----------------------------------------------------------------------------------------------------------------
59 FR 27462..........................  May 27, 1994...........  Wildlife and Fish/Shellfish.
59 FR 51855..........................  October 13, 1994.......  Wildlife and Fish/Shellfish.
60 FR 10317..........................  February 24, 1995......  Wildlife and Fish/Shellfish.
61 FR 39698..........................  July 30, 1996..........  Wildlife and Fish/Shellfish.
62 FR 29016..........................  May 29, 1997...........  Wildlife and Fish/Shellfish.
63 FR 35332..........................  June 29, 1998..........  Wildlife and Fish/Shellfish.
63 FR 46148..........................  August 28, 1998........  Wildlife and Fish/Shellfish.
64 FR 1276...........................  January 8, 1999........  Fish/Shellfish.
64 FR 35776..........................  July 1, 1999...........  Wildlife.
65 FR 40730..........................  June 30, 2000..........  Wildlife.
66 FR 10142..........................  February 13, 2001......  Fish/Shellfish.
66 FR 33744..........................  June 25, 2001..........  Wildlife.
67 FR 5890...........................  February 7, 2002.......  Fish/Shellfish.
67 FR 43710..........................  June 28, 2002..........  Wildlife.
68 FR 7276...........................  February 12, 2003......  Fish/Shellfish.
69 FR 5018...........................  February 3, 2004.......  Fish/Shellfish.
69 FR 40174..........................  July 1, 2004...........  Wildlife.
70 FR 13377..........................  March 21, 2005.........  Fish/Shellfish.
70 FR 36268..........................  June 22, 2005..........  Wildlife.
71 FR 15569..........................  March 29, 2006.........  Fish/Shellfish.
71 FR 37642..........................  June 30, 2006..........  Wildlife.
72 FR 12676..........................  March 16, 2007.........  Fish/Shellfish.
72 FR 73426..........................  December 27, 2007......  Wildlife/Fish.
73 FR 35726..........................  June 26, 2008..........  Wildlife.
74 FR 14049..........................  March 30, 2009.........  Fish/Shellfish.
75 FR 37918..........................  June 30, 2010..........  Wildlife.
76 FR 12564..........................  March 8, 2011..........  Fish/Shellfish.
77 FR 35482..........................  June 13, 2012..........  Wildlife.
79 FR 35232..........................  June 19, 2014..........  Wildlife.
----------------------------------------------------------------------------------------------------------------

Current Rule

    The Departments published a proposed rule on January 10, 2014 (79 
FR 1791), to amend the fish section of subparts C and D of 36 CFR part 
242 and 50 CFR part 100. The proposed rule opened a comment period, 
which closed on March 28, 2014. The Departments advertised the proposed 
rule by mail, radio, and newspaper, and comments were submitted via 
www.regulations.gov to Docket No. FWS-R7-SM-2013-0065. During that 
period, the Regional Councils met and, in addition to other Regional 
Council business, received suggestions for proposals from the public. 
The Board received a total of 18 proposals for changes to subparts C 
and D; this included one proposal that the Board had deferred from the 
previous regulatory cycle. After the comment period closed, the Board 
prepared a booklet describing the proposals and distributed it to the 
public. The proposals were also available online. The public then had 
an additional 30 days in which to comment on the proposals for changes 
to the regulations.
    The 10 Regional Advisory Councils met again, received public 
comments, and formulated their recommendations to the Board on 
proposals for their respective regions. The Regional Advisory Councils 
had a substantial role in reviewing the proposed rule and making 
recommendations for the final rule. Moreover, a Council Chair, or a 
designated representative, presented each Council's recommendations at 
the Board's public meeting of January 21-23, 2015. These final 
regulations reflect Board review and consideration of Regional Advisory 
Council recommendations and public comments. The public received 
extensive opportunity to review and comment on all changes.
    Of the 18 proposals, 10 were on the Board's regular agenda and 8 
were on the consensus agenda. The consensus agenda is made up of 
proposals for which there is agreement among the affected Subsistence 
Regional Advisory Councils, a majority of the Interagency Staff 
Committee members, and the Alaska Department of Fish and Game 
concerning a proposed regulatory action. Any Board member may request 
that the Board remove a proposal from the consensus agenda and place it 
on the non-consensus (regular) agenda. The Board votes en masse on the 
consensus agenda after deliberation and action on all other proposals.
    Of the proposals on the consensus agenda, the Board adopted one, 
adopted one with modification, took no action on one, and rejected 
five. The adopted consensus proposals are reflected in the rule portion 
of this document and consist of the addition of a definition to Sec.  
___.25 and the addition of the last two subparagraphs in Sec.  __.27 
((e)(13)(xx) and (xxi)). Analysis and justification for each action 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 Web site (http://www.doi.gov/subsistence/

[[Page 28189]]

index.cfm). Of the proposals on the regular agenda, the Board adopted 
three; adopted two with modification; rejected two; and took no action 
on three.

Summary of Non-Consensus Proposals Not Adopted by the Board

    The Board rejected or took no action on five non-consensus 
proposals. The rejected proposals were recommended for rejection by one 
or more of the Regional Advisory Councils unless noted below.

Yukon--Northern Area

    The Board rejected a proposal to restrict the use of driftnets in 
selected districts of the Yukon River. This action would have been 
unnecessarily restrictive to subsistence users and was not supported by 
substantial evidence. This action was supported by three Councils and 
contrary to the recommendation of one Council.

Kuskokwim Area

    The Board took no action on one proposal to allow the use of 
dipnets with provisions to require the release of Chinook salmon. This 
decision was based on the Board's earlier action on a similar proposal 
allowing the use of dipnets.

Southeastern Alaska Area

    The Board rejected a proposal to require the immediate recording of 
harvested Steelhead on Prince of Wales Island, because the in-season 
manager could include the provision as a permit condition.
    The Board took no action on two proposals for the Stikine River. 
One proposal requested to change the subsistence Sockeye salmon annual 
guideline harvest level, and the second requested a requirement to 
check the nets every 2 hours. These decisions were based on its earlier 
action on a similar proposal requiring nets to be checked twice daily 
and eliminating the harvest level.

Summary of Non-Consensus Proposals Adopted by the Board

    The Board adopted or adopted with modification five non-consensus 
proposals. Modifications were suggested by the affected Regional 
Council(s), developed during the analysis process, or developed during 
the Board's public deliberations. All of the adopted proposals were 
recommended for adoption by at least one of the Regional Councils 
unless noted below.

Kuskokwim Area

    The Board adopted a proposal to allow the use of dipnets for the 
harvest of salmon on the Kuskokwim River. This action provides 
subsistence users an additional gear type that could be used when 
gillnet restrictions are in place for conservation concerns.

Cook Inlet Area

    The Board adopted a proposal with modification to establish an 
experimental community gillnet fishery on the Kasilof River for the 
residents of Ninilchik. This action provides additional opportunity for 
subsistence users.
    The Board adopted a proposal to establish a community gillnet 
fishery on the Kenai River for the residents of Ninilchik. This action 
provides additional opportunity for subsistence users.

Southeastern Alaska Area

    The Board adopted with modification a proposal requiring nets to be 
checked twice daily and eliminating the guideline harvest limits on the 
Stikine River. The change of the guideline harvest levels will require 
amending the Pacific Salmon treaty, and final implementation is 
contingent upon review and approval by the Transboundary Panel of the 
U.S./Canada Pacific Salmon Commission and approval by the Pacific 
Salmon Commission.
    The Board adopted a proposal to close Federal public waters to non-
Federally qualified users in the Makhnati Island area to the harvest of 
herring and herring spawn. This closure was enacted for potential 
conservation concerns and to protect subsistence uses. This action 
varied from the Council recommendation, yet met its intent.
    These final regulations reflect Board review and consideration of 
Regional Council recommendations and public and Tribal comments. 
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 Regional Council meetings, 
additional public review and comment on all proposals for regulatory 
change, 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.
    The following Federal Register documents pertain to this 
rulemaking:

[[Page 28190]]



 Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
                                          Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
    Federal Register citation       Date of publication        Category                     Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940......................  May 29, 1992........  Final Rule.........  ``Subsistence Management
                                                                               Regulations for Public Lands in
                                                                               Alaska; Final Rule'' was
                                                                               published in the Federal
                                                                               Register.
64 FR 1276.......................  January 8, 1999.....  Final Rule.........  Amended the regulations to include
                                                                               subsistence activities occurring
                                                                               on inland navigable waters in
                                                                               which the United States has a
                                                                               reserved water right and to
                                                                               identify specific Federal land
                                                                               units where reserved water rights
                                                                               exist. Extended the Federal
                                                                               Subsistence Board's management to
                                                                               all Federal lands selected under
                                                                               the Alaska Native Claims
                                                                               Settlement Act and the Alaska
                                                                               Statehood Act and situated within
                                                                               the boundaries of a Conservation
                                                                               System Unit, National Recreation
                                                                               Area, National Conservation Area,
                                                                               or any new national forest or
                                                                               forest addition, until conveyed
                                                                               to the State of Alaska or to an
                                                                               Alaska Native Corporation.
                                                                               Specified and clarified the
                                                                               Secretaries' authority to
                                                                               determine when hunting, fishing,
                                                                               or trapping activities taking
                                                                               place in Alaska off the public
                                                                               lands interfere with the
                                                                               subsistence priority.
66 FR 31533......................  June 12, 2001.......  Interim Rule.......  Expanded the authority that the
                                                                               Board may delegate to agency
                                                                               field officials and clarified the
                                                                               procedures for enacting emergency
                                                                               or temporary restrictions,
                                                                               closures, or openings.
67 FR 30559......................  May 7, 2002.........  Final Rule.........  Amended the operating regulations
                                                                               in response to comments on the
                                                                               June 12, 2001, interim rule. Also
                                                                               corrected some inadvertent errors
                                                                               and oversights of previous rules.
68 FR 7703.......................  February 18, 2003...  Direct Final Rule..  Clarified how old a person must be
                                                                               to receive certain subsistence
                                                                               use permits and removed the
                                                                               requirement that Regional
                                                                               Councils must have an odd number
                                                                               of members.
68 FR 23035......................  April 30, 2003......  Affirmation of       Because no adverse comments were
                                                          Direct Final Rule.   received on the direct final rule
                                                                               (67 FR 30559), the direct final
                                                                               rule was adopted.
69 FR 60957......................  October 14, 2004....  Final Rule.........  Clarified the membership
                                                                               qualifications for Regional
                                                                               Advisory Council membership and
                                                                               relocated the definition of
                                                                               ``regulatory year'' from subpart
                                                                               A to subpart D of the
                                                                               regulations.
70 FR 76400......................  December 27, 2005...  Final Rule.........  Revised jurisdiction in marine
                                                                               waters and clarified jurisdiction
                                                                               relative to military lands.
71 FR 49997......................  August 24, 2006.....  Final Rule.........  Revised the jurisdiction of the
                                                                               subsistence program by adding
                                                                               submerged lands and waters in the
                                                                               area of Makhnati Island, near
                                                                               Sitka, AK. This allowed
                                                                               subsistence users to harvest
                                                                               marine resources in this area
                                                                               under seasons, harvest limits,
                                                                               and methods specified in the
                                                                               regulations.
72 FR 25688......................  May 7, 2007.........  Final Rule.........  Revised nonrural determinations.
75 FR 63088......................  October 14, 2010....  Final Rule.........  Amended the regulations for
                                                                               accepting and addressing special
                                                                               action requests and the role of
                                                                               the Regional Advisory Councils in
                                                                               the process.
76 FR 56109......................  September 12, 2011..  Final Rule.........  Revised the composition of the
                                                                               Federal Subsistence Board by
                                                                               expanding the Board by two public
                                                                               members who possess personal
                                                                               knowledge of and direct
                                                                               experience with subsistence uses
                                                                               in rural Alaska.
77 FR 12477......................  March 1, 2012.......  Final Rule.........  Extended the compliance date for
                                                                               the final rule (72 FR 25688) that
                                                                               revised nonrural determinations
                                                                               until the Secretarial program
                                                                               review is complete or in 5 years,
                                                                               whichever comes first.
----------------------------------------------------------------------------------------------------------------

    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).

Paperwork Reduction Act

    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

[[Page 28191]]

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, which expires February 29, 2016.

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 Regional 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 January 21, 2015, 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 
Eugene R. Peltola, Jr. 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;
     Mary McBurney, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Trevor T. Fox, Alaska Regional Office, U.S. Fish and 
Wildlife Service; and
     Thomas Whitford, Alaska Regional Office, U.S. 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

[[Page 28192]]

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 Sec.  __.25(a) by adding a definition for ``Hook'' in 
alphabetical order to read as follows:


Sec.  __.25  Subsistence taking of fish, wildlife, and shellfish: 
general regulations.

    (a) * * *
    Hook means a single shanked fishhook with a single eye constructed 
with one or more points with or without barbs. A hook without a 
``barb'' means the hook is manufactured without a barb or the barb has 
been completely removed or compressed so that barb is in complete 
contact with the shaft of the hook.
* * * * *

0
3. Amend Sec.  __.27 by:
0
a. Revising paragraphs (e)(4)(ix) and (e)(13)(xiii)(E); and
0
b. Adding paragraphs (e)(10)(iv)(I) and (J) and (e)(13)(xx) and (xxi), 
to read as follows:


Sec.  __.27  Subsistence taking of fish.

* * * * *
    (e) * * *
    (4) * * *
    (ix) You may only take salmon by gillnet, beach seine, fish wheel, 
dipnet, or rod and reel subject to the restrictions set out in this 
section, except that you may also take salmon by spear in the Kanektok, 
and Arolik River drainages, and in the drainage of Goodnews Bay.
* * * * *
    (10) * * *
    (iv) * * *
    (I) 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 July 1-31. The 
experimental community gillnet fishery will expire 5 years after 
approval of the first operational plan.
    (1) Only one community gillnet can be operated on the Kasilof 
River. The gillnet cannot be over 10 fathoms in length, and may not 
obstruct more than half of the river width with stationary fishing 
gear. Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (2) 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 community gillnet owner, will be responsible 
for its use in consultation with the Federal fishery manager. The 
experimental community gillnet will be subject to compliance with Kenai 
National Wildlife Refuge regulations and restrictions.
    (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.
    (3) The gillnet owner (organization) 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;
    (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.
    (4) Fishing for Sockeye, Chinook, Coho and Pink salmon will be 
closed by Federal Special Action prior to the operational plan end 
dates if the annual total harvest limits for any salmon species is 
reached or suspended.
    (5) Salmon taken in the gillnet fishery will be included as part of 
dip net/rod and reel fishery annual total harvest limits for the 
Kasilof River. All fish harvested must be reported to the in-season 
manager within 72 hours of leaving the fishing location.
    (i) A portion of the total annual harvest limits for the Kasilof 
River will be allocated to the experimental community gillnet fishery.
    (ii) The gillnet fishery will be closed once the allocation limit 
is reached.
    (6) Salmon taken in the experimental community gillnet fishery will 
be included as part of the dip net/rod and reel fishery annual 
household limits for the Kasilof River.
    (7) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River. When the retention of rainbow/steelhead 
trout has been restricted under Federal subsistence regulations, the 
gillnet fishery will be closed.
    (8) Before leaving the site, all harvested fish must be marked by 
removing their dorsal fin, and all retained fish must be recorded on 
the fishing permit.
    (9) Failure to respond to reporting requirements or return the 
completed harvest permit by the due date listed on the permit may 
result in issuance of a violation notice and will make you ineligible 
to receive a subsistence permit during the following regulatory year.
    (J) Residents of Ninilchik may harvest Sockeye, Chinook, Coho, and 
Pink salmon with a gillnet in the Federal public waters of the Kenai 
River. Residents of Ninilchik may retain other species incidentally 
caught in the Kenai River except for Rainbow trout and Dolly Varden 18 
inches or longer. Rainbow trout and Dolly Varden 18 inches or greater 
must be released.
    (1) Only one community gillnet can be operated on the Kenai River. 
The gillnet cannot be over 10 fathoms in length to take salmon, and may 
not obstruct more than half of the river width with stationary fishing 
gear. Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (2) 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 community gillnet owner, will be responsible 
for its use and removal 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 how fishing time and 
fish will be offered and distributed among households and residents of 
Ninilchik;

[[Page 28193]]

    (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.
    (3) The gillnet owner (organization) 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;
    (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.
    (4) Fishing will be allowed from June 15 through August 15 on the 
Kenai River unless closed or otherwise restricted by Federal special 
action.
    (5) Salmon taken in the gillnet fishery will be included as part of 
the dip net/rod and reel fishery annual total harvest limits for the 
Kenai River and as part of dip net/rod and reel household annual limits 
of participating households.
    (6) Fishing for each salmon species will end and the fishery will 
be closed by Federal special action prior to regulatory end dates if 
the annual total harvest limit for that species is reached or 
superseded by Federal special action.
* * * * *
    (13) * * *
    (xiii) * * *
    (E) Fishing nets must be checked at least twice each day. The total 
annual guideline harvest level for the Stikine River fishery is 125 
Chinook, 600 Sockeye, and 400 Coho salmon. All salmon harvested, 
including incidentally taken salmon, will count against the guideline 
for that species.
* * * * *
    (xx) The Klawock River drainage is closed to the use of seines and 
gillnets during July and August.
    (xxi) The Federal public waters in the Makhnati Island area, as 
defined in Sec.  __.3(b)(5) are closed to the harvest of herring and 
herring spawn except by Federally qualified users.

    Dated: April 29, 2015.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting 
Chair, Federal Subsistence Board.

    Dated: April 29, 2015.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2015-11907 Filed 5-15-15; 8:45 am]
 BILLING CODE 3410-11-P; 4310-55-P