[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Proposed Rules]
[Pages 49322-49330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21218]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2018-0003; FXRS12610700000-189-FF07J00000; FBMS 
#4500124645]
RIN 1018-BB99


Subsistence Management Regulations for Public Lands in Alaska--
Cook Inlet Area Regulations

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the regulations for seasons, 
harvest limits, and methods and means for the subsistence taking of 
fish in the Cook Inlet Area of Alaska. This action would also 
reorganize specific regulations addressing the Kenai River, which would 
provide clarity for the public, and allow the Federal Subsistence Board 
to correct regulatory conflicts that have arisen based on recent 
rulemaking.

DATES: 
    Public meetings: The Southcentral Federal Subsistence Regional 
Advisory Council will hold a public meeting October 29-30, 2018, to 
receive comments, make proposals to change this proposed rule, and make 
recommendations to the Federal Subsistence Board. The Board will 
discuss and evaluate proposed regulatory changes during a public 
meeting in January 2019. See SUPPLEMENTARY INFORMATION for specific 
information on the public meetings.
    Public comments: Comments and proposals to change this proposed 
rule must be received or postmarked by October 31, 2018.

ADDRESSES: 
    Public meetings: The Federal Subsistence Board and the Southcentral 
Federal Subsistence Regional Advisory Council will hold public meetings 
at various locations in Alaska. See SUPPLEMENTARY INFORMATION for 
specific information on the dates and locations of the public meetings.
    Public comments: You may submit comments by one of the following 
methods:
     Electronically: Go to the Federal eRulemaking Portal: 
http://

[[Page 49323]]

www.regulations.gov and search for FWS-R7-SM-2018-0003, which is the 
docket number for this rulemaking.
     By hard copy: U.S. mail or hand-delivery to: USFWS, Office 
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo 
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the 
Designated Federal Official attending the Southcentral Federal 
Subsistence Regional Advisory Council public meeting. See SUPPLEMENTARY 
INFORMATION for additional information on locations of the public 
meetings.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Review Process section below for more information).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Thomas C.J. Doolittle, 
Office of Subsistence Management; (907) 786-3888 or 
[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 (hereafter referred to as ``the 
Secretaries'') jointly implement the Federal Subsistence Management 
Program (hereafter referred to as ``the Program''). The Program 
provides a preference for take of fish and wildlife resources for 
subsistence uses on Federal public lands and waters in Alaska. Only 
Alaska residents of areas identified as rural are eligible to 
participate in the Program. The Secretaries published temporary 
regulations to carry out the Program in the Federal Register on June 
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR 
22940). Program officials have subsequently amended these regulations a 
number of times.
    Because the Program is a joint effort between the Departments of 
the Interior and Agriculture, these regulations are located in two 
titles of the Code of Federal Regulations (CFR): The Agriculture 
regulations are at title 36, ``Parks, Forests, and Public Property,'' 
and the Interior regulations are at title 50, ``Wildlife and 
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively. 
Consequently, to indicate that identical changes are proposed for 
regulations in both titles 36 and 50, in this document we will present 
references to specific sections of the CFR as shown in the following 
example: Sec.  __.27.
    The Program regulations contain subparts as follows: Subpart A, 
General Provisions; Subpart B, Program Structure; Subpart C, Board 
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife. 
Consistent with subpart B of these regulations, the Secretaries 
established a Federal Subsistence Board to administer the Program. The 
Board comprises:
     A Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
     The Alaska Regional Director, U.S. Fish and Wildlife 
Service;
     The Alaska Regional Director, National Park Service;
     The Alaska State Director, Bureau of Land Management;
     The Alaska Regional Director, Bureau of Indian Affairs;
     The Alaska Regional Forester, USDA Forest Service; and
     Two public members appointed by the Secretary of the 
Interior with concurrence of the Secretary of Agriculture.
    Through the Board, these agencies and public members participate in 
the development of regulations for subparts C and D. Subpart C sets 
forth important Board determinations regarding program eligibility, 
i.e., which areas of Alaska are considered rural and which species are 
harvested in those areas as part of a ``customary and traditional use'' 
for subsistence purposes. Subpart D sets forth specific harvest seasons 
and limits.
    In administering the Program, the Secretaries divided Alaska into 
10 subsistence resource regions, each of which is represented by a 
Regional Advisory Council. The Regional Advisory Councils provide a 
forum for rural residents with personal knowledge of local conditions 
and resource requirements to have a meaningful role in the subsistence 
management of fish and wildlife on Federal public lands in Alaska. The 
Regional Advisory Council members represent varied geographical, 
cultural, and user interests within each region.

Public Review Process--Comments, Proposals, and Public Meetings

    The Southcentral Federal Subsistence Regional Advisory Council will 
have a substantial role in reviewing this proposed rule and making 
recommendations for the final rule. The Federal Subsistence Board, 
through the Southcentral Federal Subsistence Regional Advisory Council, 
will hold a public meeting on this proposed rule in Cordova, AK, 
beginning October 29, 2018.
    The location and date may change based on weather or local 
circumstances. The amount of work on the Southcentral Regional Advisory 
Council's agenda will determine the length of the meeting.
    The Board will discuss and evaluate proposed changes to this 
proposed rule during a public meeting to be held in Anchorage, AK, in 
January 2019. The Federal Subsistence Regional Advisory Council Chairs, 
or their designated representatives, will present their respective 
Councils' recommendations at the Board meeting. Additional oral 
testimony may be provided on this proposed rule to the Board at that 
time. At that public meeting, the Board will deliberate and take final 
action on this proposed rule. Specific information about the meeting 
locations may be obtained closer to the meeting dates from the contacts 
listed in FOR FURTHER INFORMATION CONTACT.
    You may submit written comments and materials concerning this 
proposed rule by one of the methods listed in ADDRESSES. If you submit 
a comment via http://www.regulations.gov, your entire comment, 
including any personal identifying information, will be posted on the 
website. If you submit a hardcopy comment that includes personal 
identifying information, you may request at the top of your document 
that we withhold this information from public review. However, we 
cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov at Docket 
No. FWS-R7-SM-2018-0003, or by appointment, between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays, at: USFWS, Office of 
Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503.

Reasonable Accommodations

    The Federal Subsistence Board is committed to providing access to 
these meetings for all participants. Please direct all requests for 
sign language interpreting services, closed captioning, or other 
accommodation needs to Caron McKee, 907-786-3880, [email protected], 
or 800-877-8339 (TTY), seven business days prior to the meeting you 
would like to attend.

[[Page 49324]]

Tribal Consultation and Comment

    As expressed in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' the Federal officials 
that have been delegated authority by the Secretaries are committed to 
honoring the unique government-to-government political relationship 
that exists between the Federal Government and Federally Recognized 
Indian Tribes (Tribes) as listed in 82 FR 4915 (January 17, 2017). 
Consultation with Alaska Native corporations is based on Public Law 
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by 
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 
3267, which provides that: ``The Director of the Office of Management 
and Budget and all Federal agencies shall hereafter consult with Alaska 
Native corporations on the same basis as Indian tribes under Executive 
Order No. 13175.''
    ANILCA does not provide specific rights to Tribes for the 
subsistence taking of wildlife, fish, and shellfish. However, because 
tribal members are affected by subsistence fishing, hunting, and 
trapping regulations, the Secretaries, through the Board, will provide 
Federally recognized Tribes and Alaska Native corporations an 
opportunity to consult on this proposed rule.
    The Board will engage in outreach efforts for this proposed rule, 
including a notification letter, to ensure that Tribes and Alaska 
Native corporations are advised of the mechanisms by which they can 
participate. The Board will provide a variety of opportunities for 
consultation: Commenting on proposed changes to the existing rule; 
engaging in dialogue at the Regional Advisory Council meeting; engaging 
in dialogue at the Board meeting; and providing input in person, by 
mail, email, or phone at any time during the rulemaking process. The 
Board will commit to efficiently and adequately providing an 
opportunity to Tribes and Alaska Native corporations for consultation 
in regard to subsistence rulemaking.
    The Board will consider Tribes' and Alaska Native corporations' 
information, input, and recommendations, and address their concerns as 
much as practicable.

Developing the Cook Inlet Area Proposed Regulations

    In titles 36 and 50 of the CFR, the subparts C and D regulations 
are subject to periodic review and revision. The Board currently 
completes the process of revising subsistence take of fish and 
shellfish regulations in odd-numbered years and wildlife regulations in 
even-numbered years; public proposal and review processes take place 
during the preceding year. The Board also addresses customary and 
traditional use determinations during the applicable cycle, and 
nonrural determinations during the fish and shellfish cycle.
    The current Cook Inlet Area subsistence regulations were revised on 
May 18, 2015 (80 FR 28187). Two of the revisions addressed community 
gillnets on the Kasilof and Kenai rivers. While the intent of providing 
additional opportunities for subsistence users was met, details 
concerning the harvest limits were difficult and confusing to the 
public since they overlapped with other active subsistence fisheries on 
these rivers. In addition, the new regulations were in conflict with 
existing regulations dealing with early- and late-run Chinook salmon, 
and various size limits for rainbow trout and Dolly Varden.
    The Board directed program and field staff to develop 
recommendations to alleviate these concerns from the Council and 
members of the public. While some of the size limits are needed as 
management tools in certain fisheries, the limits are not required in 
other fisheries. Issues with early and late runs of Chinook salmon will 
require new regulations addressing early-run fish.
    In the interim, the Board addressed these concerns through the 
special action process as defined in Sec.  __.19 of these regulations.
    This proposed rule reflects the combined efforts of program and 
field staff, staff from other agencies participating in the Federal 
program, and members of the public and tribal entities affected by 
these regulations.

Compliance With Statutory and Regulatory Authorities

National Environmental Policy Act

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

Section 810 of ANILCA

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

Paperwork Reduction Act (PRA)

    This proposed rule does not contain any new collections of 
information that require Office of Management and Budget (OMB) 
approval. OMB has reviewed and approved the collections of information 
associated with the subsistence regulations at 36 CFR part 242 and 50 
CFR part 100, and assigned OMB Control Number 1018-0075, which expires 
June 30, 2019. An agency may not conduct or sponsor and you are not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.

Regulatory Planning and Review (Executive Order 12866)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all

[[Page 49325]]

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

Regulatory Flexibility Act

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

Small Business Regulatory Enforcement Fairness Act

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

Executive Order 12630

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

Unfunded Mandates Reform Act

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

Executive Order 12988

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

Executive Order 13132

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

Executive Order 13175

    Title VIII of ANILCA does not provide specific rights to tribes for 
the subsistence taking of wildlife, fish, and shellfish. However, the 
Secretaries, through the Board, will provide Federally recognized 
Tribes and Alaska Native corporations an opportunity to consult on this 
proposed rule, as discussed above under Tribal Consultation and 
Comment.

Executive Order 13211

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

Drafting Information

    Theo Matuskowitz drafted this proposed rule under the guidance of 
Thomas C.J. Doolittle of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Additional assistance was provided by:
     Daniel Sharp, Alaska State Office, Bureau of Land 
Management;
     Clarence Summers, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Carol Damberg, Alaska Regional Office, U.S. Fish and 
Wildlife Service; and
     Thomas Whitford, Alaska Regional Office, USDA-Forest 
Service.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

Proposed Regulation Promulgation

    For the reasons set out in the preamble, the Federal Subsistence 
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 as set 
forth below.

PART__--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

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

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

Subpart D--Subsistence Taking of Fish and Wildlife

0
2. Amend 36 CFR part 242 and 50 CFR part 100 by revising Sec.  
__.27(e)(10) to read as follows:


Sec.  __.27   Subsistence taking of fish.

* * * * *
    (e) * * *
    (10) Cook Inlet Area. The Cook Inlet Area includes all waters of 
Alaska enclosed by a line extending east from Cape Douglas 
(58[deg]51.10' N Lat.) and a line extending south from Cape Fairfield 
(148[deg]50.25' W Long.).
    (i) General area regulations.
    (A) Unless restricted by regulations in this section, or unless 
restricted under the terms of a subsistence fishing permit, you may 
take fish at any time in the Cook Inlet Area.
    (B) If you take rainbow or steelhead trout incidentally in 
subsistence net

[[Page 49326]]

fisheries, you may retain them for subsistence purposes, unless 
otherwise prohibited or provided for in this section. With jigging gear 
through the ice or rod-and-reel gear in open waters, there is an annual 
limit of two rainbow or steelhead trout 20 inches or longer, taken from 
Kenai Peninsula fresh waters.
    (C) Under the authority of a Federal subsistence fishing permit, 
you may take only salmon, trout, Dolly Varden, and other char.
    (D) All fish taken under the authority of a Federal subsistence 
fishing permit must be marked and recorded prior to leaving the fishing 
site.
    (1) The fishing site includes the particular Federal public waters 
and/or adjacent shoreline from which the fish were harvested.
    (2) Marking means removing the dorsal fin.
    (E) You may not take grayling or burbot for subsistence purposes.
    (F) You may take smelt with dip nets in fresh water only from April 
1 through June 15. There are no harvest or possession limits for smelt.
    (G) You may take whitefish in the Tyone River drainage using 
gillnets.
    (H) You may take fish by gear listed in this section unless 
restricted by other regulations in this section or under the terms of a 
Federal subsistence fishing permit (as may be modified by regulations 
in this section).
    (I) Seasons, harvest and possession limits, and methods and means 
for take are the same as for the taking of those species under Alaska 
sport fishing regulations (5 AAC 56 and 5 AAC 57) unless modified 
herein or by issuance of a Federal special action.
    (J) Applicable harvest provisions are as follows:

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

    (1) Harvest limits may not be accumulated.
    (2) Each household may harvest its annual salmon limits in one or 
more days.
    (3) All salmon harvested as part of a household annual limit must 
be reported to the Federal in-season manager within 72 hours of leaving 
the fishing site.
    (4) For Ninilchik residents, the household annual limits for 
Chinook salmon in the Kasilof River and for late-run Chinook salmon in 
the Kenai River are combined.
    (ii) Seasons, harvest limits, and methods and means for Kasilof 
fisheries. Household annual limits for salmon in Kasilof River 
fisheries are as follows:

------------------------------------------------------------------------
                                      Number of fish    Additional fish
              Species                allowed for each   allowed for each
                                      permit holder     household member
------------------------------------------------------------------------
Sockeye...........................                 25                  5
Chinook...........................                 10                  2
Coho..............................                 10                  2
Pink..............................                 10                  2
------------------------------------------------------------------------

    (A) Kasilof dip net or rod and reel; salmon.
    (1) Residents of Ninilchik may take sockeye, Chinook, coho, and 
pink salmon through a dip net or rod and reel fishery on the upper 
mainstem of the Kasilof River from a Federal regulatory marker on the 
river below the outlet of Tustumena Lake downstream to a marker on the 
river approximately 2.8 miles below the Tustumena Lake boat ramp.
    (2) Residents using rod-and-reel gear may fish with up to two 
baited single or treble hooks.
    (3) Harvest seasons are as follows:

------------------------------------------------------------------------
            Species                   Season           Harvest limits
------------------------------------------------------------------------
Sockeye salmon................  June 16-August 15  .....................
Chinook salmon................  June 16-August 15  .....................
Coho salmon...................  June 16-October    .....................
                                 31.
Pink salmon...................  June 16-October    .....................
                                 31.
Rainbow and steelhead trout...  April 1-August 15  The Federal in-season
                                                    manager will close
                                                    the take of rainbow
                                                    and steelhead trout
                                                    after 200 have been
                                                    harvested.
------------------------------------------------------------------------

    (B) Kasilof fish wheel; salmon.
    (1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon through a fish wheel fishery in the Federal public waters 
of the upper mainstem of the Kasilof River.
    (2) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River fish wheel except for rainbow or steelhead 
trout, which must be released and returned unharmed to the water.
    (3) Only one fish wheel may be operated on the Kasilof River. The 
fish wheel must: Have a live box, be monitored when fishing, be stopped 
from fishing when it is not being monitored or used, and be installed 
and

[[Page 49327]]

operated in compliance with any regulations and restrictions for its 
use within the Kenai National Wildlife Refuge.
    (4) One registration permit will be available and will be awarded 
by the Federal in-season fishery manager, in consultation with the 
Kenai National Wildlife Refuge manager, based on the merits of the 
operational plan. The registration permit will be issued to an 
organization that, as the fish wheel owner, will be responsible for its 
construction, installation, operation, use, and removal in consultation 
with the Federal fishery manager. The owner may not rent or lease the 
fish wheel for personal gain. As part of the permit, the organization 
must:
    (i) Prior to the season: Provide a written operational plan to the 
Federal fishery manager including a description of how fishing time and 
fish will be offered and distributed among households and residents of 
Ninilchik.
    (ii) During the season: Mark the fish wheel with a wood, metal, or 
plastic plate that is at least 12 inches high by 12 inches wide, 
permanently affixed, and plainly visible and that contains the 
following information in letters and numerals at least 1 inch high: 
Registration permit number; organization's name and address; and 
primary contact person name and telephone number.
    (iii) After the season: Provide written documentation of required 
evaluation information to the Federal fishery manager including, but 
not limited to, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (5) People operating the fish wheel must:
    (i) Have in possession a valid Federal subsistence fishing permit 
and remain onsite to monitor the fish wheel and remove all fish at 
least every hour.
    (ii) In addition, any person operating the fish wheel who is not 
the owner must attach to the fish wheel an additional wood, metal, or 
plastic plate that is at least 12 inches high by 12 inches wide, is 
plainly visible, and contains the person's fishing permit number, name, 
and address in letters and numerals at least 1 inch high.
    (6) The organization owning the fish wheel may operate the fish 
wheel for subsistence purposes on behalf of residents of Ninilchik by 
requesting a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for operating the 
fish wheel; and
    (ii) Includes provisions for recording daily catches, the household 
to whom the catch was given, and other information determined to be 
necessary for effective resource management by the Federal fishery 
manager.
    (7) Fishing is allowed from June 16 through October 31 on the 
Kasilof River unless closed or otherwise restricted by Federal special 
action.
    (C) Kasilof experimental gillnet; salmon.
    (1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon through an experimental community gillnet fishery in the 
Federal public waters of the upper mainstem of the Kasilof River from a 
Federal regulatory marker on the river below the outlet of Tustumena 
Lake downstream to the Tustumena Lake boat launch June 16 through 
August 15.
    (2) The experimental community gillnet fishery will expire July 13, 
2020.
    (3) Only one community gillnet may be operated on the Kasilof 
River. The gillnet may not be over 10 fathoms in length and may not 
obstruct more than half of the river width with stationary fishing 
gear. In addition, subsistence stationary gillnet gear may not be set 
within 200 feet of other subsistence stationary gear.
    (4) One registration permit will be available and will be awarded 
by the Federal in-season fishery manager, in consultation with the 
Kenai National Wildlife Refuge manager, based on the merits of the 
operational plan. The registration permit will be issued only to an 
organization that, as the community gillnet owner, will be responsible 
for its use in consultation with the Federal fishery manager. As part 
of the permit, the organization must:
    (i) Prior to the season: Provide a written operational plan to the 
Federal fishery manager including a description of fishing method, mesh 
size requirements, fishing time and location, and how fish will be 
offered and distributed among households and residents of Ninilchik.
    (ii) After the season: Provide written documentation of required 
evaluation information to the Federal fishery manager including, but 
not limited to, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (5) The experimental community gillnet is subject to compliance 
with applicable Kenai National Wildlife Refuge regulations and 
restrictions. It is the obligation of the gillnet owner to be familiar 
with such regulations and restrictions.
    (6) The organization owning the gillnet may operate the net for 
subsistence purposes on behalf of residents of Ninilchik by requesting 
a subsistence fishing permit that identifies a person who will be 
responsible for fishing the gillnet and includes provisions for 
recording daily catches, the household to whom the catch was given, and 
other information determined to be necessary for effective resource 
management by the Federal fishery manager.
    (7) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River experimental community gillnet fishery. The 
gillnet fishery will be closed when the retention of rainbow or 
steelhead trout has been restricted under Federal subsistence 
regulations.
    (D) Tustumena Lake rod and reel; salmon.
    (1) In addition to the dip net and rod and reel fishery on the 
upper mainstem of the Kasilof River described under paragraph 
(e)(10)(ii)(B) of this section, residents of Ninilchik may also take 
coho and pink salmon through a rod and reel fishery in Tustumena Lake. 
Fishing is allowed with up to two baited single or treble hooks.
    (2) Seasons, areas, harvest and possession limits, and methods and 
means for take are the same as for the taking of these species under 
Alaska sport fishing regulations (5 AAC 56), except for the following 
harvest and possession limits:

------------------------------------------------------------------------
           Species                    Size                 Limits
------------------------------------------------------------------------
Coho salmon.................  16 inches and longer  4 per day and 4 in
                                                     possession.
Pink salmon.................  16 inches and longer  6 per day and 6 in
                                                     possession.
------------------------------------------------------------------------

    (E) Kasilof drainage rod and reel; resident species. Resident fish 
species including lake trout, rainbow or steelhead trout, and Dolly 
Varden or Arctic char may be harvested by rod and reel in Federally 
managed waters of the Kasilof River drainage the entire year as 
follows:

[[Page 49328]]



------------------------------------------------------------------------
           Species               Specifications            Limits
------------------------------------------------------------------------
Lake trout..................  Fish 20 inches and    4 per day and 4 in
                               longer.               possession.
                              Fish less than 20     15 per day and 15 in
                               inches in length.     possession.
Dolly Varden and Arctic char  In flowing waters...  4 per day and 4 in
                                                     possession.
                              In lakes and ponds..  10 per day and 10 in
                                                     possession.
Rainbow or steelhead trout..  In flowing waters...  2 per day and 2 in
                                                     possession.
                              In lakes and ponds..  5 per day and 5 in
                                                     possession.
------------------------------------------------------------------------

    (F) Tustumena Lake under ice fishery; resident species.
    (1) You may fish in Tustumena Lake with a gillnet under the ice, or 
with jigging gear used through the ice. The gillnet may not be longer 
than 10 fathoms.
    (2) Harvest limits are as follows:

------------------------------------------------------------------------
                                                         Additional
           Methods                   Limits              provisions
------------------------------------------------------------------------
Jigging gear through the ice  Household annual      Household limits are
                               limit of 30 fish in   included in the
                               any combination of    overall total
                               lake trout, rainbow   annual harvest
                               trout, and Dolly      quota.
                               Varden or Arctic
                               char.
Gillnet under the ice.......  Total annual harvest  The Federal in-
                               quota of 200 lake     season manager will
                               trout, 200 rainbow    issue a closure for
                               trout, and 500        this fishery once
                               Dolly Varden or       any of these quotas
                               Arctic char.          has been met.
------------------------------------------------------------------------

    (3) You may harvest fish under the ice only in Tustumena Lake. 
Gillnets are not allowed within a \1/4\-mile radius of the mouth of any 
tributary to Tustumena Lake, or the outlet of Tustumena Lake.
    (4) A permit is required. The permit will be issued by the Federal 
in-season manager or designated representative and will be valid for 
the winter season unless the season is closed by special action.
    (i) The permittee must report the following information: The number 
of each species caught; the number of each species retained; the 
length, depth (number of meshes deep), and mesh size of gillnet fished; 
the fishing site; and the total hours fished.
    (ii) The gillnet must be checked at least once in every 48-hour 
period.
    (iii) For unattended gear, the permittee's name and address must be 
plainly and legibly inscribed on a stake at one end of the gillnet.
    (5) Incidentally caught fish may be retained and must be recorded 
on the permit before transporting fish from the fishing site.
    (6) Failure to return the completed harvest permit by May 31 may 
result in issuance of a violation notice and/or denial of a future 
subsistence permit.
    (iii) Seasons, harvest limits, and methods and means for Kenai 
fisheries. Household annual limits for salmon in Kenai River fisheries 
are as follows:

----------------------------------------------------------------------------------------------------------------
                                            Number of fish    Additional fish
                 Species                   allowed for each   allowed for each        Additional provisions
                                            permit holder     household member
----------------------------------------------------------------------------------------------------------------
Sockeye salmon..........................                 25                  5  Chum salmon that are retained
                                                                                 are to be included within the
                                                                                 annual limit for sockeye
                                                                                 salmon.
Chinook salmon--Early-run (July 1                         2                  1  For the Kenai River community
 through July 15).                                                               gillnet fishery described under
                                                                                 paragraph (e)(10)(iii)(B) of
                                                                                 this section.
Chinook salmon--Late-run (July 16                        10                  2
 through August 31).
Coho salmon.............................                 20                  5
Pink salmon.............................                 15                  5
----------------------------------------------------------------------------------------------------------------

    (A) Kenai dip net or rod and reel; salmon.
    (1) You may take only sockeye salmon through a dip net or rod and 
reel fishery at one specified site on the Russian River.
    (i) For the Russian River fishing site, incidentally caught fish 
may be retained for subsistence uses, except for early- and late-run 
Chinook salmon, coho salmon, rainbow trout, and Dolly Varden, which 
must be released.
    (ii) At the Russian River Falls site, dip netting is allowed from a 
Federal regulatory marker near the upstream end of the fish ladder at 
Russian River Falls downstream to a Federal regulatory marker 
approximately 600 yards below Russian River Falls. Residents using rod 
and reel gear at this fishery site may not fish with bait at any time.
    (2) You may take sockeye, late-run Chinook, coho, and pink salmon 
through a dip net or rod and reel fishery at two specified sites on the 
Kenai River below Skilak Lake and as provided in this section.
    (i) For both Kenai River fishing sites below Skilak Lake, 
incidentally caught fish may be retained for subsistence uses, except 
for early-run Chinook salmon (unless otherwise provided for in this 
section), rainbow trout 18 inches or longer, and Dolly Varden 18 inches 
or longer, which must be released.
    (ii) At the Kenai River Moose Range Meadows site, dip netting is 
allowed only from a boat from a Federal regulatory marker on the Kenai 
River at about river mile 29 downstream approximately 2.5 miles to 
another marker on the Kenai River at about river mile 26.5. Residents 
using rod and reel gear at this fishery site may fish from boats or 
from shore with up to two baited single or treble hooks June 15 through 
August 31.
    (iii) At the Kenai river mile 48 site, dip netting is allowed while 
either standing in the river or from a boat, from Federal regulatory 
markers on both sides of the Kenai River at about river mile 48 
(approximately 2 miles below

[[Page 49329]]

the outlet of Skilak Lake) downstream approximately 2.5 miles to a 
marker on the Kenai River at about river mile 45.5. Residents using rod 
and reel gear at this fishery site may fish from boats or from shore 
with up to two baited single or treble hooks June 15 through August 31.
    (3) Fishing seasons are as follows:

------------------------------------------------------------------------
           Species                   Season               Location
------------------------------------------------------------------------
Sockeye salmon..............  June 15-August 15...  All three sites.
Late-run Chinook salmon.....  July 16-September 30  Kenai River sites
                                                     only.
Pink salmon.................  July 16-September 30  Kenai River sites
                                                     only.
Coho salmon.................  July 16-September 30  Kenai River sites
                                                     only.
------------------------------------------------------------------------

    (B) Kenai gillnet; salmon.
    (1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon in the Moose Range Meadows area of the Federal public 
waters of the Kenai River with a single gillnet to be managed and 
operated by the Ninilchik Traditional Council.
    (2) Fishing will be allowed July 1 through August 15 and September 
10-30 on the Kenai River unless closed or otherwise restricted by 
Federal special action. The following conditions apply to harvest in 
the Kenai community gillnet fishery:
    (i) Salmon taken in this fishery will be included as household 
annual limits of participating households.
    (ii) Additional harvest restrictions for this fishery are as 
follows:

----------------------------------------------------------------------------------------------------------------
               Species                          Period                  Harvest                   Limits
----------------------------------------------------------------------------------------------------------------
Early-run Chinook salmon less than 46  July 1-15..............  Fish may be retained if  Fishery will close
 inches in length or greater than 55                             the most current         until July 16 once 50
 inches in length.                                               preseason forecast       early-run Chinook
                                                                 from the State of        salmon have been
                                                                 Alaska Department of     retained or released.
                                                                 Fish and Game projects
                                                                 the in-river run to be
                                                                 within or above the
                                                                 optimal escapement
                                                                 goal range for early-
                                                                 run Chinook salmon;
                                                                 otherwise, live fish
                                                                 must be released.
Late-run Chinook salmon..............  July 16-August 15......  .......................  Fishery will close
                                                                                          prior to August 15 if
                                                                                          200 late-run Chinook
                                                                                          salmon have been
                                                                                          retained or released
                                                                                          prior to that date.
                                                                                          Fishery will reopen
                                                                                          September 10-30 for
                                                                                          species available at
                                                                                          that time.
Pink salmon..........................  July 16-August 15 and                             .......................
                                        September 10-30.
Coho salmon..........................  July 16-August 15 and                             .......................
                                        September 10-30.
Incidentally caught rainbow trout and  .......................  All live fish must be    Fishery will close for
 Dolly Varden.                                                   released. Fish that      the season once 100
                                                                 die in net may be        rainbow trout or 150
                                                                 retained.                Dolly Varden have been
                                                                                          released or retained.
----------------------------------------------------------------------------------------------------------------

    (iii) Chinook salmon less than 20 inches in length may be retained 
and do not count towards retained or released totals.
    (iv) Other incidentally caught species may be retained; however, 
all incidental fish mortalities, except for Chinook salmon less than 20 
inches in length, count towards released or retained totals specified 
in this section.
    (3) Only one community gillnet may be operated on the Kenai River.
    (i) The gillnet may not: Be over 10 fathoms in length to take 
salmon; be larger than 5.25-inch mesh; and obstruct more than half of 
the river width with stationary fishing gear.
    (ii) Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (4) One registration permit will be available and will be issued by 
the Federal in-season manager, in consultation with the Kenai National 
Wildlife Refuge manager, to the Ninilchik Traditional Council. As the 
community gillnet owner, the Ninilchik Traditional Council will be 
responsible for its use and removal in consultation with the Federal 
in-season manager. As part of the permit, the Ninilchik Traditional 
Council must provide post-season written documentation of required 
evaluation information to the Federal in-season manager including, but 
not limited to:
    (i) Persons or households operating the gear;
    (ii) Hours of operation; and
    (iii) Number of each species caught and retained or released.
    (5) The Ninilchik Traditional Council may operate the net for 
subsistence purposes on behalf of residents of Ninilchik by requesting 
a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for fishing the 
gillnet; and
    (ii) Includes provisions for recording daily catches, the household 
to whom the catch was given, and other information determined to be 
necessary for effective resource management by the Federal in-season 
manager.
    (C) Kenai rod and reel only; salmon.
    (1) For Federally managed waters of the Kenai River and its 
tributaries, you may take sockeye, Chinook, coho, pink, and chum salmon 
through a separate rod and reel fishery in the Kenai River drainage.
    (2) Seasons, areas, harvest and possession limits, and methods and 
means for take are the same as for the taking of these salmon species 
under State of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC 
77.540), except for the following harvest and possession limits:

[[Page 49330]]



----------------------------------------------------------------------------------------------------------------
               Species                           Size                                Limits
----------------------------------------------------------------------------------------------------------------
Early-run Chinook salmon.............  Less than 46 inches or   2 per day and 2 in possession.
                                        55 inches and longer.
Late-run Chinook salmon..............  20 inches and longer...  2 per day and 2 in possession.
All other salmon.....................  16 inches and longer...  6 per day and 6 in possession, of which no more
                                                                 than 4 per day and 4 in possession may be Coho
                                                                 salmon, except for the Sanctuary Area and
                                                                 Russian River where no more than 2 per day and
                                                                 2 in possession may be Coho salmon.
----------------------------------------------------------------------------------------------------------------

    (i) In the Kenai River below Skilak Lake, fishing is allowed with 
up to two baited single or treble hooks June 15 through August 31.
    (ii) Annual harvest limits for any combination of early- and late-
run Chinook salmon are four for each permit holder.
    (iii) Incidentally caught fish, other than salmon, are subject to 
regulations found in paragraph (e)(10)(iii)(D) of this section.
    (D) Kenai River and tributaries under ice jigging and rod and reel; 
resident species.
    (1) For Federally managed waters of the Kenai River and its 
tributaries below Skilak Lake outlet at river mile 50, you may take 
resident fish species including lake trout, rainbow trout, and Dolly 
Varden or Arctic char with jigging gear through the ice or rod and reel 
gear in open waters. Seasons, areas, harvest and possession limits, and 
methods and means for take are the same as for the taking of these 
resident species under State of Alaska fishing regulations (5 AAC 56, 5 
AAC 57, and 5 AAC 77.540), except for the following harvest and 
possession limits:

----------------------------------------------------------------------------------------------------------------
               Species                      Specifications                           Limits
----------------------------------------------------------------------------------------------------------------
Lake trout...........................  20 inches or longer....  4 per day and 4 in possession.
                                       Less than 20 inches....  15 per day and 15 in possession.
Dolly Varden or Arctic char..........  In flowing waters......  For fish less than 18 inches, 1 per day and 1 in
                                                                 possession.
                                       In lakes and ponds.....  2 per day and 2 in possession, of which only one
                                                                 may be 20 inches or longer, may be harvested
                                                                 daily.
Rainbow or steelhead trout...........  In flowing waters......  For fish less than 18 inches in length, 1 per
                                                                 day and 1 in possession.
                                       In lakes and ponds.....  2 per day and 2 in possession, of which only one
                                                                 fish 20 inches or longer may be harvested
                                                                 daily.
----------------------------------------------------------------------------------------------------------------

    (2) For Federally managed waters of the upper Kenai River and its 
tributaries above Skilak Lake outlet at river mile 50, you may take 
resident fish species including lake trout, rainbow trout, and Dolly 
Varden or Arctic char with jigging gear through the ice or rod and reel 
gear in open waters. Seasons, areas, harvest and possession limits, and 
methods and means for take are the same as for the taking of these 
resident species under Alaska fishing regulations (5 AAC 56, 5 AAC 57, 
5 AAC 77.540), except for the following harvest and possession limits:

----------------------------------------------------------------------------------------------------------------
               Species                      Specifications                           Limits
----------------------------------------------------------------------------------------------------------------
Lake trout...........................  20 inches or longer....  4 per day and 4 in possession.
                                       Less than 20 inches....  15 per day and 15 in possession.
                                       From Hidden Lake.......  2 per day and 2 in possession regardless of
                                                                 length.
Dolly Varden or Arctic char..........  In flowing waters......  For fish less than 16 inches in length, 1 per
                                                                 day and 1 in possession.
                                       In lakes and ponds.....  2 per day and 2 in possession, of which only one
                                                                 fish 20 inches or longer may be harvested
                                                                 daily.
Rainbow or steelhead trout...........  In flowing waters......  For fish less than 16 inches in length, 1 per
                                                                 day and 1 in possession.
                                       In lakes and ponds.....  2 per day and 2 in possession, of which only one
                                                                 fish 20 inches or longer may be harvested
                                                                 daily.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: September 25, 2018.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
    Dated: September 25, 2018.
Thomas Whitford,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2018-21218 Filed 9-28-18; 8:45 am]
 BILLING CODE 4333-15-P; 3411-15-P