83_FR_49512 83 FR 49322 - Subsistence Management Regulations for Public Lands in Alaska-Cook Inlet Area Regulations

83 FR 49322 - Subsistence Management Regulations for Public Lands in Alaska-Cook Inlet Area Regulations

DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 190 (October 1, 2018)

Page Range49322-49330
FR Document2018-21218

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.

Federal Register, Volume 83 Issue 190 (Monday, October 1, 2018)
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Proposed Rules]
[Pages 49322-49330]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                49322                  Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules

                                                AD, if those actions were performed before              Flight Standards District Office, as                  DEPARTMENT OF AGRICULTURE
                                                the effective date of this AD, using                    appropriate. If sending information directly
                                                Bombardier Service Bulletin 601R–57–048,                to the manager of the certification office,           Forest Service
                                                Revision B, dated August 24, 2012.                      send it to ATTN: Program Manager,
                                                  (4) This paragraph provides credit for                Continuing Operational Safety, FAA, New               36 CFR Part 242
                                                actions required by paragraph (m)(1) of this
                                                                                                        York ACO Branch, 1600 Stewart Avenue,
                                                AD, if those actions were performed before
                                                                                                        Suite 410, Westbury, NY 11590; telephone              DEPARTMENT OF THE INTERIOR
                                                the effective date of this AD, using Part G of
                                                the Accomplishment Instructions of                      516–228–7300; fax 516–794–5531. Before
                                                Bombardier Service Bulletin 601R–57–046,                using any approved AMOC, notify your                  Fish and Wildlife Service
                                                Revision B, dated August 24, 2012.                      appropriate principal inspector, or lacking a
                                                  (5) This paragraph provides credit for                principal inspector, the manager of the local         50 CFR Part 100
                                                actions required by paragraph (m)(2) of this            flight standards district office/certificate
                                                AD, if those actions were performed before              holding district office.                              [Docket No. FWS–R7–SM–2018–0003;
                                                the effective date of this AD, using Part C of                                                                FXRS12610700000–189–FF07J00000; FBMS
                                                                                                           (2) Contacting the Manufacturer: For any
                                                the Accomplishment Instructions of                                                                            #4500124645]
                                                                                                        requirement in this AD to obtain corrective
                                                Bombardier Service Bulletin 601R–57–048,                actions from a manufacturer, the action must          RIN 1018–BB99
                                                Revision B, dated August 24, 2012.                      be accomplished using a method approved
                                                (o) Repairs and Alternative Actions or                  by the Manager, New York ACO Branch,                  Subsistence Management Regulations
                                                Intervals                                               FAA; or TCCA; or Bombardier, Inc.’s TCCA              for Public Lands in Alaska—Cook Inlet
                                                   (1) If any damage is found during an                 DAO. If approved by the DAO, the approval             Area Regulations
                                                inspection required by the AWLs identified              must include the DAO-authorized signature.
                                                                                                                                                              AGENCY:  Forest Service, Agriculture;
                                                in figure 1 to paragraphs (i) and (o) of this           The approved corrective action instructions
                                                AD, repair before further flight using a
                                                                                                                                                              Fish and Wildlife Service, Interior.
                                                                                                        must specifically refer to this AD or Canadian
                                                method approved by the Manager, New York                AD CF–2017–27, dated August 2, 2017.                  ACTION: Proposed rule.
                                                ACO Branch, FAA; or Transport Canada Civil
                                                Aviation (TCCA); or Bombardier, Inc.’s TCCA             (q) Related Information                               SUMMARY:   This proposed rule would
                                                Design Approval Organization (DAO). If                     (1) Refer to Mandatory Continuing                  revise the regulations for seasons,
                                                approved by the DAO, the approval must                  Airworthiness Information (MCAI) Canadian             harvest limits, and methods and means
                                                include the DAO-authorized signature. The               Airworthiness Directive CF–2017–27, dated             for the subsistence taking of fish in the
                                                approved repair instructions must                                                                             Cook Inlet Area of Alaska. This action
                                                                                                        August 2, 2017, for related information. This
                                                specifically refer to this AD or Canadian AD                                                                  would also reorganize specific
                                                CF–2017–27, dated August 2, 2017.                       MCAI may be found in the AD docket on the
                                                                                                        internet at http://www.regulations.gov by             regulations addressing the Kenai River,
                                                   (2) Repairs approved by Bombardier, Inc.,
                                                that deviate from the AWLs identified in                searching for and locating Docket No. FAA–            which would provide clarity for the
                                                figure 1 to paragraphs (i) and (o) of this AD           2018–0801.                                            public, and allow the Federal
                                                are acceptable methods of compliance if                    (2) For more information about this AD,            Subsistence Board to correct regulatory
                                                approved by the Manager, New York ACO                   contact Aziz Ahmed, Aerospace Engineer,               conflicts that have arisen based on
                                                Branch, FAA; or TCCA; or Bombardier, Inc.’s             Airframe and Mechanical Systems Section,              recent rulemaking.
                                                TCCA DAO. If approved by the DAO, the                   FAA, New York ACO Branch, 1600 Stewart                DATES:
                                                approval must include the DAO-authorized                Avenue, Suite 410, Westbury, NY 11590;                  Public meetings: The Southcentral
                                                signature. The approved repair instructions             telephone 516–228–7329; fax 516–794–5531.             Federal Subsistence Regional Advisory
                                                must specifically refer to this AD or Canadian
                                                                                                           (3) For service information identified in          Council will hold a public meeting
                                                AD CF–2017–27, dated August 2, 2017.
                                                   (3) For repairs approved before the                  this AD, contact Bombardier, Inc., 400 Côte-         October 29–30, 2018, to receive
                                                effective date of this AD that affect the AWLs          Vertu Road West, Dorval, Québec H4S 1Y9,             comments, make proposals to change
                                                identified in figure 1 to paragraphs (i) and (o)        Canada; Widebody Customer Response                    this proposed rule, and make
                                                of this AD and the approved repair                      Center North America toll-free telephone 1–           recommendations to the Federal
                                                instructions do not specifically refer to               866–538–1247 or direct-dial telephone 1–              Subsistence Board. The Board will
                                                Canadian AD CF–2017–27, dated August 2,                 514–855–2999; fax 514–855–7401; email                 discuss and evaluate proposed
                                                2017: Within 6 months of the effective date             ac.yul@aero.bombardier.com; internet http://          regulatory changes during a public
                                                of this AD, contact the Manager, New York               www.bombardier.com. You may view this                 meeting in January 2019. See
                                                ACO Branch, FAA; or TCCA; or Bombardier,                service information at the FAA, Transport
                                                Inc.’s TCCA DAO Inc., for new or revised                                                                      SUPPLEMENTARY INFORMATION for specific
                                                                                                        Standards Branch, 2200 South 216th St., Des           information on the public meetings.
                                                limitations or inspection requirements on the
                                                                                                        Moines, WA. For information on the                      Public comments: Comments and
                                                repair area and comply with the revised
                                                                                                        availability of this material at the FAA, call        proposals to change this proposed rule
                                                limitations or inspections requirements. The
                                                new or revised limitations or inspection                206–231–3195.                                         must be received or postmarked by
                                                requirements must specifically refer to this              Issued in Des Moines, Washington, on                October 31, 2018.
                                                AD or Canadian AD CF–2017–27, dated                     September 11, 2018.                                   ADDRESSES:
                                                August 2, 2017.
                                                   (4) Canadian AMOC No. AARDG–2018/                    Michael Kaszycki,                                       Public meetings: The Federal
                                                A21, dated May 1, 2018, which was approved              Acting Director, System Oversight Division,           Subsistence Board and the Southcentral
                                                before the effective date of this AD by TCCA,           Aircraft Certification Service.                       Federal Subsistence Regional Advisory
                                                is an acceptable method of compliance to the            [FR Doc. 2018–20950 Filed 9–28–18; 8:45 am]           Council will hold public meetings at
                                                corresponding requirements of this AD.                                                                        various locations in Alaska. See
amozie on DSK3GDR082PROD with PROPOSALS1




                                                                                                        BILLING CODE 4910–13–P
                                                                                                                                                              SUPPLEMENTARY INFORMATION for specific
                                                (p) Other FAA AD Provisions
                                                                                                                                                              information on the dates and locations
                                                  (1) Alternative Methods of Compliance
                                                                                                                                                              of the public meetings.
                                                (AMOCs): The Manager, New York ACO
                                                Branch, FAA, has the authority to approve                                                                       Public comments: You may submit
                                                AMOCs for this AD, if requested using the                                                                     comments by one of the following
                                                procedures found in 14 CFR 39.19. In                                                                          methods:
                                                accordance with 14 CFR 39.19, send your                                                                         • Electronically: Go to the Federal
                                                request to your principal inspector or local                                                                  eRulemaking Portal: http://


                                           VerDate Sep<11>2014   17:05 Sep 28, 2018   Jkt 247001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\01OCP1.SGM   01OCP1


                                                                       Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules                                           49323

                                                www.regulations.gov and search for                      that identical changes are proposed for               Regional Advisory Council, will hold a
                                                FWS–R7–SM–2018–0003, which is the                       regulations in both titles 36 and 50, in              public meeting on this proposed rule in
                                                docket number for this rulemaking.                      this document we will present                         Cordova, AK, beginning October 29,
                                                  • By hard copy: U.S. mail or hand-                    references to specific sections of the                2018.
                                                delivery to: USFWS, Office of                           CFR as shown in the following example:                   The location and date may change
                                                Subsistence Management, 1011 East                       § ll.27.                                              based on weather or local
                                                Tudor Road, MS 121, Attn: Theo                             The Program regulations contain                    circumstances. The amount of work on
                                                Matuskowitz, Anchorage, AK 99503–                       subparts as follows: Subpart A, General               the Southcentral Regional Advisory
                                                6199, or hand delivery to the Designated                Provisions; Subpart B, Program                        Council’s agenda will determine the
                                                Federal Official attending the                          Structure; Subpart C, Board                           length of the meeting.
                                                Southcentral Federal Subsistence                        Determinations; and Subpart D,
                                                                                                        Subsistence Taking of Fish and Wildlife.                 The Board will discuss and evaluate
                                                Regional Advisory Council public
                                                                                                        Consistent with subpart B of these                    proposed changes to this proposed rule
                                                meeting. See SUPPLEMENTARY
                                                                                                        regulations, the Secretaries established a            during a public meeting to be held in
                                                INFORMATION for additional information
                                                                                                        Federal Subsistence Board to administer               Anchorage, AK, in January 2019. The
                                                on locations of the public meetings.
                                                                                                        the Program. The Board comprises:                     Federal Subsistence Regional Advisory
                                                  We will post all comments on http://
                                                                                                           • A Chair appointed by the Secretary               Council Chairs, or their designated
                                                www.regulations.gov. This generally
                                                                                                        of the Interior with concurrence of the               representatives, will present their
                                                means that we will post any personal
                                                                                                        Secretary of Agriculture;                             respective Councils’ recommendations
                                                information you provide us (see the
                                                                                                           • The Alaska Regional Director, U.S.               at the Board meeting. Additional oral
                                                Public Review Process section below for
                                                                                                        Fish and Wildlife Service;                            testimony may be provided on this
                                                more information).
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                           • The Alaska Regional Director,                    proposed rule to the Board at that time.
                                                                                                        National Park Service;                                At that public meeting, the Board will
                                                Chair, Federal Subsistence Board, c/o
                                                                                                           • The Alaska State Director, Bureau                deliberate and take final action on this
                                                U.S. Fish and Wildlife Service,                                                                               proposed rule. Specific information
                                                                                                        of Land Management;
                                                Attention: Thomas C.J. Doolittle, Office
                                                                                                           • The Alaska Regional Director,                    about the meeting locations may be
                                                of Subsistence Management; (907) 786–                                                                         obtained closer to the meeting dates
                                                                                                        Bureau of Indian Affairs;
                                                3888 or subsistence@fws.gov. For                           • The Alaska Regional Forester,                    from the contacts listed in FOR FURTHER
                                                questions specific to National Forest                   USDA Forest Service; and                              INFORMATION CONTACT.
                                                System lands, contact Thomas Whitford,                     • Two public members appointed by
                                                Regional Subsistence Program Leader,                                                                             You may submit written comments
                                                                                                        the Secretary of the Interior with                    and materials concerning this proposed
                                                USDA, Forest Service, Alaska Region;                    concurrence of the Secretary of
                                                (907) 743–9461 or twhitford@fs.fed.us.                                                                        rule by one of the methods listed in
                                                                                                        Agriculture.                                          ADDRESSES. If you submit a comment via
                                                SUPPLEMENTARY INFORMATION:                                 Through the Board, these agencies                  http://www.regulations.gov, your entire
                                                Background                                              and public members participate in the                 comment, including any personal
                                                                                                        development of regulations for subparts               identifying information, will be posted
                                                   Under Title VIII of the Alaska                       C and D. Subpart C sets forth important
                                                National Interest Lands Conservation                                                                          on the website. If you submit a
                                                                                                        Board determinations regarding program                hardcopy comment that includes
                                                Act (ANILCA) (16 U.S.C. 3111–3126),                     eligibility, i.e., which areas of Alaska are
                                                the Secretary of the Interior and the                                                                         personal identifying information, you
                                                                                                        considered rural and which species are                may request at the top of your document
                                                Secretary of Agriculture (hereafter                     harvested in those areas as part of a
                                                referred to as ‘‘the Secretaries’’) jointly                                                                   that we withhold this information from
                                                                                                        ‘‘customary and traditional use’’ for                 public review. However, we cannot
                                                implement the Federal Subsistence                       subsistence purposes. Subpart D sets
                                                Management Program (hereafter referred                                                                        guarantee that we will be able to do so.
                                                                                                        forth specific harvest seasons and limits.            We will post all hardcopy comments on
                                                to as ‘‘the Program’’). The Program                        In administering the Program, the
                                                provides a preference for take of fish                                                                        http://www.regulations.gov.
                                                                                                        Secretaries divided Alaska into 10
                                                and wildlife resources for subsistence                  subsistence resource regions, each of                    Comments and materials we receive,
                                                uses on Federal public lands and waters                 which is represented by a Regional                    as well as supporting documentation we
                                                in Alaska. Only Alaska residents of                     Advisory Council. The Regional                        used in preparing this proposed rule,
                                                areas identified as rural are eligible to               Advisory Councils provide a forum for                 will be available for public inspection
                                                participate in the Program. The                         rural residents with personal knowledge               on http://www.regulations.gov at Docket
                                                Secretaries published temporary                         of local conditions and resource                      No. FWS–R7–SM–2018–0003, or by
                                                regulations to carry out the Program in                 requirements to have a meaningful role                appointment, between 8 a.m. and 3
                                                the Federal Register on June 29, 1990                   in the subsistence management of fish                 p.m., Monday through Friday, except
                                                (55 FR 27114), and final regulations on                 and wildlife on Federal public lands in               Federal holidays, at: USFWS, Office of
                                                May 29, 1992 (57 FR 22940). Program                     Alaska. The Regional Advisory Council                 Subsistence Management, 1011 East
                                                officials have subsequently amended                     members represent varied geographical,                Tudor Road, Anchorage, AK 99503.
                                                these regulations a number of times.                    cultural, and user interests within each              Reasonable Accommodations
                                                   Because the Program is a joint effort                region.
                                                between the Departments of the Interior                                                                         The Federal Subsistence Board is
                                                and Agriculture, these regulations are                  Public Review Process—Comments,                       committed to providing access to these
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                                                located in two titles of the Code of                    Proposals, and Public Meetings                        meetings for all participants. Please
                                                Federal Regulations (CFR): The                            The Southcentral Federal Subsistence                direct all requests for sign language
                                                Agriculture regulations are at title 36,                Regional Advisory Council will have a                 interpreting services, closed captioning,
                                                ‘‘Parks, Forests, and Public Property,’’                substantial role in reviewing this                    or other accommodation needs to Caron
                                                and the Interior regulations are at title               proposed rule and making                              McKee, 907–786–3880, subsistence@
                                                50, ‘‘Wildlife and Fisheries,’’ at 36 CFR               recommendations for the final rule. The               fws.gov, or 800–877–8339 (TTY), seven
                                                242.1–28 and 50 CFR 100.1–28,                           Federal Subsistence Board, through the                business days prior to the meeting you
                                                respectively. Consequently, to indicate                 Southcentral Federal Subsistence                      would like to attend.


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                                                49324                  Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules

                                                Tribal Consultation and Comment                         shellfish regulations in odd-numbered                 jurisdiction over fisheries and is
                                                   As expressed in Executive Order                      years and wildlife regulations in even-               available at the office listed under FOR
                                                13175, ‘‘Consultation and Coordination                  numbered years; public proposal and                   FURTHER INFORMATION CONTACT. The
                                                with Indian Tribal Governments,’’ the                   review processes take place during the                Secretary of the Interior, with
                                                Federal officials that have been                        preceding year. The Board also                        concurrence of the Secretary of
                                                delegated authority by the Secretaries                  addresses customary and traditional use               Agriculture, determined that expansion
                                                are committed to honoring the unique                    determinations during the applicable                  of Federal jurisdiction does not
                                                government-to-government political                      cycle, and nonrural determinations                    constitute a major Federal action
                                                relationship that exists between the                    during the fish and shellfish cycle.                  significantly affecting the human
                                                Federal Government and Federally                           The current Cook Inlet Area                        environment and, therefore, signed a
                                                Recognized Indian Tribes (Tribes) as                    subsistence regulations were revised on               Finding of No Significant Impact.
                                                listed in 82 FR 4915 (January 17, 2017).                May 18, 2015 (80 FR 28187). Two of the
                                                                                                                                                              Section 810 of ANILCA
                                                Consultation with Alaska Native                         revisions addressed community gillnets
                                                corporations is based on Public Law                     on the Kasilof and Kenai rivers. While                   An ANILCA section 810 analysis was
                                                108–199, div. H, Sec. 161, Jan. 23, 2004,               the intent of providing additional                    completed as part of the FEIS process on
                                                118 Stat. 452, as amended by Public                     opportunities for subsistence users was               the Federal Subsistence Management
                                                Law 108–447, div. H, title V, Sec. 518,                 met, details concerning the harvest                   Program. The intent of all Federal
                                                Dec. 8, 2004, 118 Stat. 3267, which                     limits were difficult and confusing to                subsistence regulations is to accord
                                                provides that: ‘‘The Director of the                    the public since they overlapped with                 subsistence uses of fish and wildlife on
                                                Office of Management and Budget and                     other active subsistence fisheries on                 public lands a priority over the taking
                                                all Federal agencies shall hereafter                    these rivers. In addition, the new                    of fish and wildlife on such lands for
                                                consult with Alaska Native corporations                 regulations were in conflict with                     other purposes, unless restriction is
                                                on the same basis as Indian tribes under                existing regulations dealing with early-              necessary to conserve healthy fish and
                                                Executive Order No. 13175.’’                            and late-run Chinook salmon, and                      wildlife populations. The final section
                                                   ANILCA does not provide specific                     various size limits for rainbow trout and             810 analysis determination appeared in
                                                rights to Tribes for the subsistence                    Dolly Varden.                                         the April 6, 1992, ROD and concluded
                                                taking of wildlife, fish, and shellfish.                   The Board directed program and field               that the Federal Subsistence
                                                However, because tribal members are                     staff to develop recommendations to                   Management Program, under
                                                affected by subsistence fishing, hunting,               alleviate these concerns from the                     Alternative IV with an annual process
                                                and trapping regulations, the                           Council and members of the public.                    for setting subsistence regulations, may
                                                Secretaries, through the Board, will                    While some of the size limits are needed              have some local impacts on subsistence
                                                provide Federally recognized Tribes and                 as management tools in certain fisheries,             uses, but will not likely restrict
                                                Alaska Native corporations an                           the limits are not required in other                  subsistence uses significantly.
                                                opportunity to consult on this proposed                 fisheries. Issues with early and late runs               During the subsequent environmental
                                                rule.                                                   of Chinook salmon will require new                    assessment process for extending
                                                   The Board will engage in outreach                    regulations addressing early-run fish.                fisheries jurisdiction, an evaluation of
                                                                                                           In the interim, the Board addressed                the effects of the subsistence program
                                                efforts for this proposed rule, including
                                                                                                        these concerns through the special                    regulations was conducted in
                                                a notification letter, to ensure that
                                                                                                        action process as defined in § __.19 of               accordance with section 810. That
                                                Tribes and Alaska Native corporations
                                                                                                        these regulations.                                    evaluation also supported the
                                                are advised of the mechanisms by which
                                                                                                           This proposed rule reflects the                    Secretaries’ determination that the
                                                they can participate. The Board will
                                                                                                        combined efforts of program and field                 regulations will not reach the ‘‘may
                                                provide a variety of opportunities for
                                                                                                        staff, staff from other agencies                      significantly restrict’’ threshold that
                                                consultation: Commenting on proposed
                                                                                                        participating in the Federal program,                 would require notice and hearings
                                                changes to the existing rule; engaging in
                                                                                                        and members of the public and tribal                  under ANILCA section 810(a).
                                                dialogue at the Regional Advisory
                                                                                                        entities affected by these regulations.
                                                Council meeting; engaging in dialogue                                                                         Paperwork Reduction Act (PRA)
                                                at the Board meeting; and providing                     Compliance With Statutory and
                                                input in person, by mail, email, or                     Regulatory Authorities                                  This proposed rule does not contain
                                                phone at any time during the                                                                                  any new collections of information that
                                                                                                        National Environmental Policy Act                     require Office of Management and
                                                rulemaking process. The Board will
                                                commit to efficiently and adequately                       A Draft Environmental Impact                       Budget (OMB) approval. OMB has
                                                providing an opportunity to Tribes and                  Statement that described four                         reviewed and approved the collections
                                                Alaska Native corporations for                          alternatives for developing a Federal                 of information associated with the
                                                consultation in regard to subsistence                   Subsistence Management Program was                    subsistence regulations at 36 CFR part
                                                rulemaking.                                             distributed for public comment on                     242 and 50 CFR part 100, and assigned
                                                   The Board will consider Tribes’ and                  October 7, 1991. The Final                            OMB Control Number 1018–0075,
                                                Alaska Native corporations’                             Environmental Impact Statement (FEIS)                 which expires June 30, 2019. An agency
                                                information, input, and                                 was published on February 28, 1992.                   may not conduct or sponsor and you are
                                                recommendations, and address their                      The Record of Decision (ROD) on                       not required to respond to a collection
                                                concerns as much as practicable.                        Subsistence Management for Federal                    of information unless it displays a
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                                                                                                        Public Lands in Alaska was signed April               currently valid OMB control number.
                                                Developing the Cook Inlet Area                          6, 1992. The selected alternative in the
                                                Proposed Regulations                                                                                          Regulatory Planning and Review
                                                                                                        FEIS (Alternative IV) defined the
                                                                                                                                                              (Executive Order 12866)
                                                  In titles 36 and 50 of the CFR, the                   administrative framework of an annual
                                                subparts C and D regulations are subject                regulatory cycle for subsistence                        Executive Order 12866 provides that
                                                to periodic review and revision. The                    regulations.                                          the Office of Information and Regulatory
                                                Board currently completes the process                      A 1997 environmental assessment                    Affairs (OIRA) in the Office of
                                                of revising subsistence take of fish and                dealt with the expansion of Federal                   Management and Budget will review all


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                                                                       Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules                                              49325

                                                significant rules. OIRA has determined                  Executive Order 12630                                 Regional Office, U.S. Fish and Wildlife
                                                that this proposed rule is not significant.               Title VIII of ANILCA requires the                   Service, Anchorage, Alaska. Additional
                                                  Executive Order 13563 reaffirms the                   Secretaries to administer a subsistence               assistance was provided by:
                                                principles of E.O. 12866 while calling                  priority on public lands. The scope of                  • Daniel Sharp, Alaska State Office,
                                                for improvements in the nation’s                        this program is limited by definition to              Bureau of Land Management;
                                                                                                                                                                • Clarence Summers, Alaska Regional
                                                regulatory system to promote                            certain public lands. Likewise, these
                                                                                                                                                              Office, National Park Service;
                                                predictability, to reduce uncertainty,                  proposed regulations have no potential                  • Dr. Glenn Chen, Alaska Regional
                                                and to use the best, most innovative,                   takings of private property implications              Office, Bureau of Indian Affairs;
                                                and least burdensome tools for                          as defined by Executive Order 12630.                    • Carol Damberg, Alaska Regional
                                                achieving regulatory ends. The                          Unfunded Mandates Reform Act                          Office, U.S. Fish and Wildlife Service;
                                                executive order directs agencies to                                                                           and
                                                                                                           The Secretaries have determined and
                                                consider regulatory approaches that                                                                             • Thomas Whitford, Alaska Regional
                                                reduce burdens and maintain flexibility                 certify pursuant to the Unfunded
                                                                                                                                                              Office, USDA–Forest Service.
                                                and freedom of choice for the public                    Mandates Reform Act, 2 U.S.C. 1502 et
                                                where these approaches are relevant,                    seq., that this rulemaking will not                   List of Subjects
                                                feasible, and consistent with regulatory                impose a cost of $100 million or more
                                                                                                                                                              36 CFR Part 242
                                                objectives. E.O. 13563 emphasizes                       in any given year on local or State
                                                                                                        governments or private entities. The                    Administrative practice and
                                                further that regulations must be based                                                                        procedure, Alaska, Fish, National
                                                on the best available science and that                  implementation of this rule is by
                                                                                                        Federal agencies and there is no cost                 forests, Public lands, Reporting and
                                                the rulemaking process must allow for                                                                         recordkeeping requirements, Wildlife.
                                                public participation and an open                        imposed on any State or local entities or
                                                exchange of ideas. We have developed                    tribal governments.                                   50 CFR Part 100
                                                this proposed rule in a manner                          Executive Order 12988                                   Administrative practice and
                                                consistent with these requirements.                       The Secretaries have determined that                procedure, Alaska, Fish, National
                                                Regulatory Flexibility Act                              these regulations meet the applicable                 forests, Public lands, Reporting and
                                                                                                        standards provided in sections 3(a) and               recordkeeping requirements, Wildlife.
                                                  The Regulatory Flexibility Act of 1980                3(b)(2) of Executive Order 12988,
                                                (5 U.S.C. 601 et seq.) requires                                                                               Proposed Regulation Promulgation
                                                                                                        regarding civil justice reform.
                                                preparation of flexibility analyses for                                                                         For the reasons set out in the
                                                rules that will have a significant effect               Executive Order 13132                                 preamble, the Federal Subsistence
                                                on a substantial number of small                           In accordance with Executive Order                 Board proposes to amend 36 CFR part
                                                entities, which include small                           13132, the proposed rule does not have                242 and 50 CFR part 100 as set forth
                                                businesses, organizations, or                           sufficient Federalism implications to                 below.
                                                governmental jurisdictions. In general,                 warrant the preparation of a Federalism
                                                the resources to be harvested under this                Assessment. Title VIII of ANILCA                      PARTll—SUBSISTENCE
                                                proposed rule are already being                         precludes the State from exercising                   MANAGEMENT REGULATIONS FOR
                                                harvested and consumed by the local                     subsistence management authority over                 PUBLIC LANDS IN ALASKA
                                                harvester and do not result in an                       fish and wildlife resources on Federal
                                                                                                        lands unless it meets certain                         ■ 1. The authority citation for both 36
                                                additional dollar benefit to the                                                                              CFR part 242 and 50 CFR part 100
                                                economy. However, we estimate that                      requirements.
                                                                                                                                                              continues to read as follows:
                                                two million pounds of meat are                          Executive Order 13175
                                                harvested by subsistence users annually                                                                         Authority: 16 U.S.C. 3, 472, 551, 668dd,
                                                and, if given an estimated dollar value                   Title VIII of ANILCA does not provide               3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
                                                                                                        specific rights to tribes for the                     1733.
                                                of $3.00 per pound, this amount would
                                                equate to about $6 million in food value                subsistence taking of wildlife, fish, and
                                                                                                        shellfish. However, the Secretaries,                  Subpart D—Subsistence Taking of
                                                statewide. Based upon the amounts and                                                                         Fish and Wildlife
                                                values cited above, the Departments                     through the Board, will provide
                                                certify that this rulemaking will not                   Federally recognized Tribes and Alaska                ■ 2. Amend 36 CFR part 242 and 50 CFR
                                                have a significant economic effect on a                 Native corporations an opportunity to                 part 100 by revising § ll.27(e)(10) to
                                                substantial number of small entities                    consult on this proposed rule, as                     read as follows:
                                                within the meaning of the Regulatory                    discussed above under Tribal
                                                                                                        Consultation and Comment.                             § ll.27     Subsistence taking of fish.
                                                Flexibility Act.
                                                                                                                                                              *      *     *     *    *
                                                Small Business Regulatory Enforcement                   Executive Order 13211                                    (e) * * *
                                                Fairness Act                                              This Executive Order requires                          (10) Cook Inlet Area. The Cook Inlet
                                                                                                        agencies to prepare Statements of                     Area includes all waters of Alaska
                                                   Under the Small Business Regulatory                  Energy Effects when undertaking certain               enclosed by a line extending east from
                                                Enforcement Fairness Act (5 U.S.C. 801                  actions. However, this proposed rule is               Cape Douglas (58°51.10′ N Lat.) and a
                                                et seq.), this proposed rule is not a major             not a significant regulatory action under             line extending south from Cape Fairfield
                                                rule. It will not have an effect on the                 E.O. 13211, affecting energy supply,                  (148°50.25′ W Long.).
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                                                economy of $100 million or more, will                   distribution, or use, and no Statement of                (i) General area regulations.
                                                not cause a major increase in costs or                  Energy Effects is required.                              (A) Unless restricted by regulations in
                                                prices for consumers, and will not have                                                                       this section, or unless restricted under
                                                significant adverse effects on                          Drafting Information                                  the terms of a subsistence fishing
                                                competition, employment, investment,                      Theo Matuskowitz drafted this                       permit, you may take fish at any time in
                                                productivity, innovation, or the ability                proposed rule under the guidance of                   the Cook Inlet Area.
                                                of U.S.-based enterprises to compete                    Thomas C.J. Doolittle of the Office of                   (B) If you take rainbow or steelhead
                                                with foreign-based enterprises.                         Subsistence Management, Alaska                        trout incidentally in subsistence net


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                                                49326                            Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules

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

                                                                        Permit                                                 Location                                                                    Methods and means

                                                Household Annual Permit ..................                    Kasilof River Drainage ..........                  Kasilof dip net or rod and reel for salmon; Kasilof fish wheel for salmon;
                                                                                                                                                                   Kasilof experimental gillnet for salmon.
                                                                                                              Kenai River Drainage ...........                   Kenai dip net or rod and reel for salmon; Kenai gillnet for salmon.
                                                General Subsistence Fishing Permit                            Kasilof River Drainage ..........                  Tustumena Lake rod and reel for salmon; Kasilof drainage rod and reel
                                                 (Daily/Possession Limits).                                                                                        for resident species.
                                                                                                              Kenai River Drainage ...........                   Kenai rod and reel 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                                              reported to the Federal in-season                                             run Chinook salmon in the Kenai River
                                                accumulated.                                                                 manager within 72 hours of leaving the                                        are combined.
                                                  (2) Each household may harvest its                                         fishing site.                                                                    (ii) Seasons, harvest limits, and
                                                annual salmon limits in one or more                                             (4) For Ninilchik residents, the                                           methods and means for Kasilof
                                                days.                                                                        household annual limits for Chinook                                           fisheries. Household annual limits for
                                                  (3) All salmon harvested as part of a                                                                                                                    salmon in Kasilof River fisheries are as
                                                                                                                             salmon in the Kasilof River and for late-
                                                household annual limit must be                                                                                                                             follows:

                                                                                                                                                                                                                                             Additional fish
                                                                                                                                                                                                                          Number of fish    allowed for each
                                                                                                                           Species                                                                                       allowed for each       household
                                                                                                                                                                                                                           permit holder         member

                                                Sockeye .......................................................................................................................................................                        25                  5
                                                Chinook ........................................................................................................................................................                       10                  2
                                                Coho ............................................................................................................................................................                      10                  2
                                                Pink ..............................................................................................................................................................                    10                  2



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

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


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                                                                              Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules                                                            49327

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

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



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                                                49328                         Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules

                                                                             Species                                                           Specifications                                                     Limits

                                                Lake trout ...........................................................   Fish 20 inches and longer ...............................          4 per day and 4 in   possession.
                                                                                                                         Fish less than 20 inches in length ...................             15 per day and 15    in 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;                                     (1) You may fish in Tustumena Lake                              gillnet may not be longer than 10
                                                resident species.                                                        with a gillnet under the ice, or with                              fathoms.
                                                                                                                         jigging gear used through the ice. The                                (2) Harvest limits are as follows:

                                                              Methods                                                            Limits                                                             Additional provisions

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



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

                                                                                                                                     Additional fish
                                                                                                       Number of fish               allowed for each
                                                                  Species                             allowed for each                                                                        Additional provisions
                                                                                                                                        household
                                                                                                        permit holder                    member

                                                Sockeye salmon ..........................                                   25                            5    Chum salmon that are retained are to be included within the an-
                                                                                                                                                                 nual limit for sockeye salmon.
                                                Chinook salmon—Early-run (July                                               2                            1    For the Kenai River community gillnet fishery described under
                                                  1 through July 15).                                                                                            paragraph (e)(10)(iii)(B) of this section.
                                                Chinook salmon—Late-run (July                                               10                            2
                                                  16 through August 31).
                                                Coho salmon ................................                                20                            5
                                                Pink salmon .................................                               15                            5



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


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                                                                              Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules                                                                                   49329

                                                the outlet of Skilak Lake) downstream                                   Residents using rod and reel gear at this                                     shore with up to two baited single or
                                                approximately 2.5 miles to a marker on                                  fishery site may fish from boats or from                                      treble hooks June 15 through August 31.
                                                the Kenai River at about river mile 45.5.                                                                                                                (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.                                            managed and operated by the Ninilchik                                         to harvest in the Kenai community
                                                  (1) Residents of Ninilchik may harvest                                Traditional Council.                                                          gillnet fishery:
                                                sockeye, Chinook, coho, and pink                                          (2) Fishing will be allowed July 1                                             (i) Salmon taken in this fishery will be
                                                salmon in the Moose Range Meadows                                       through August 15 and September 10–                                           included as household annual limits of
                                                area of the Federal public waters of the                                30 on the Kenai River unless closed or                                        participating households.
                                                                                                                        otherwise restricted by Federal special                                          (ii) Additional harvest restrictions for
                                                Kenai River with a single gillnet to be
                                                                                                                        action. The following conditions apply                                        this fishery are as follows:

                                                              Species                                    Period                                                 Harvest                                                        Limits

                                                Early-run Chinook salmon                    July 1–15 ....................          Fish may be retained if the most current                                Fishery will close until July 16 once 50
                                                  less than 46 inches in                                                               preseason forecast from the State of                                   early-run Chinook salmon have been re-
                                                  length or greater than 55                                                            Alaska Department of Fish and Game                                     tained or released.
                                                  inches in length.                                                                    projects the in-river run to be within or
                                                                                                                                       above the optimal escapement goal
                                                                                                                                       range for early-run Chinook salmon; oth-
                                                                                                                                       erwise, 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 re-
                                                                                                                                                                                                              tained 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                 .....................................   All live fish must be released. Fish that die                           Fishery will close for the season once 100
                                                  trout and Dolly Varden.                                                              in net may be retained.                                                rainbow trout or 150 Dolly Varden have
                                                                                                                                                                                                              been released or retained.



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




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                                                49330                        Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules

                                                             Species                                Size                                                            Limits

                                                Early-run Chinook salmon                Less than 46 inches or 55         2 per day and 2 in possession.
                                                                                          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                          found in paragraph (e)(10)(iii)(D) of this           Varden or Arctic char with jigging gear
                                                Lake, fishing is allowed with up to two                        section.                                             through the ice or rod and reel gear in
                                                baited single or treble hooks June 15                            (D) Kenai River and tributaries under              open waters. Seasons, areas, harvest and
                                                through August 31.                                             ice jigging and rod and reel; resident               possession limits, and methods and
                                                  (ii) Annual harvest limits for any                           species.                                             means for take are the same as for the
                                                combination of early- and late-run                               (1) For Federally managed waters of                taking of these resident species under
                                                Chinook salmon are four for each permit                        the Kenai River and its tributaries below            State of Alaska fishing regulations (5
                                                holder.                                                        Skilak Lake outlet at river mile 50, you             AAC 56, 5 AAC 57, and 5 AAC 77.540),
                                                  (iii) Incidentally caught fish, other                        may take resident fish species including             except for the following harvest and
                                                than salmon, are subject to regulations                        lake trout, rainbow trout, and Dolly                 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 har-
                                                                                                                            vested daily.



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

                                                             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 har-
                                                                                                                            vested 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 har-
                                                                                                                            vested daily.



                                                *       *        *       *        *                            ENVIRONMENTAL PROTECTION                             Carolina through the North Carolina
                                                  Dated: September 25, 2018.                                   AGENCY                                               Division of Air Quality (NCDAQ) with
                                                                                                                                                                    a letter dated March 21, 2018. The SIP
                                                Thomas C.J. Doolittle,                                         40 CFR Part 52                                       submittal includes changes to the State’s
                                                Acting Assistant Regional Director, U.S. Fish                                                                       air quality rules for ozone to be
                                                and Wildlife Service.                                          [EPA–R04–OAR–2018–0531; FRL–9984–                    consistent with the National Ambient
                                                  Dated: September 25, 2018.                                   83—Region 4]                                         Air Quality Standards (NAAQS). EPA is
                                                Thomas Whitford,                                                                                                    proposing to approve these provisions
                                                                                                               Air Plan Approval; North Carolina;                   of the SIP revision because the State has
                                                Subsistence Program Leader, USDA–Forest                        Ozone NAAQS Update
                                                Service.                                                                                                            demonstrated that these changes are
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                                                [FR Doc. 2018–21218 Filed 9–28–18; 8:45 am]                    AGENCY:  Environmental Protection                    consistent with the Clean Air Act (CAA
                                                                                                               Agency (EPA).                                        or Act) and federal regulations.
                                                BILLING CODE 4333–15–P; 3411–15–P
                                                                                                                                                                    DATES: Comments must be received on
                                                                                                               ACTION: Proposed rule.
                                                                                                                                                                    or before October 31, 2018.
                                                                                                               SUMMARY:  The Environmental Protection               ADDRESSES: Submit your comments,
                                                                                                               Agency (EPA) is proposing to approve a               identified by Docket ID No. EPA–R04–
                                                                                                               State Implementation Plan (SIP)                      OAR–2018–0531 at https://
                                                                                                               revision submitted by the State of North             www.regulations.gov. Follow the online


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Document Created: 2018-09-29 04:26:38
Document Modified: 2018-09-29 04:26:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesPublic 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.
ContactChair, 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]
FR Citation83 FR 49322 
RIN Number1018-BB99
CFR Citation36 CFR 242
50 CFR 100
CFR AssociatedAdministrative Practice and Procedure; Alaska; Fish; National Forests; Public Lands; Reporting and Recordkeeping Requirements and Wildlife

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