39744 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Rules and Regulations

This final regulatory action will not DEPARTMENT OF AGRICULTURE (907) 743–9461 or thomas.whitford@ have a significant economic impact on usda.gov. Forest Service a small entity once it receives a grant SUPPLEMENTARY INFORMATION: because it would be able to meet the costs of compliance using the funds 36 CFR Part 242 Background provided under this program. Under Title VIII of the Alaska DEPARTMENT OF THE INTERIOR Intergovernmental Review: This National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), program is subject to Executive Order Fish and Wildlife Service 12372 and the regulations in 34 CFR the Secretary of the Interior and the Secretary of Agriculture (Secretaries) part 79. One of the objectives of the 50 CFR Part 100 Executive order is to foster an jointly implement the Federal intergovernmental partnership and a [Docket No. FWS–R7–SM–2017–0096; Subsistence Management Program. This program provides a preference for take strengthened federalism. The Executive FXFR13350700640–190–FF07J00000; FBMS of fish and wildlife resources for order relies on processes developed by #4500133004] subsistence uses on Federal public State and local governments for RIN 1018–BC06 lands and waters in Alaska. The coordination and review of proposed Secretaries published temporary Federal financial assistance. Subsistence Management Regulations regulations to carry out this program in This document provides early for Public Lands in Alaska—2019–20 the Federal Register on June 29, 1990 notification of our specific plans and and 2020–21 Subsistence Taking of (55 FR 27114), and published final actions for this program. Fish Regulations regulations in the Federal Register on Accessible Format: Individuals with AGENCY: Forest Service, Agriculture; May 29, 1992 (57 FR 22940). The disabilities can obtain this document in Fish and Wildlife Service, Interior. Program managers have subsequently an accessible format (e.g., Braille, large amended these regulations a number of ACTION: Final rule. times. Because this program is a joint print, audiotape, or compact disc) on effort between Interior and Agriculture, request to the program contact person SUMMARY: This final rule revises these regulations are located in two FOR FURTHER INFORMATION regulations for seasons, harvest limits, listed under titles of the Code of Federal Regulations CONTACT. methods, and means related to taking of fish for subsistence uses in Alaska (CFR): Title 36, ‘‘Parks, Forests, and Electronic Access to This Document: during the 2019–2020 and 2020–2021 Public Property,’’ and Title 50, The official version of this document is regulatory years. The Federal ‘‘Wildlife and ,’’ at 36 CFR the document published in the Federal Subsistence Board (Board) completes 242.1–242.28 and 50 CFR 100.1–100.28, Register. You may access the official the biennial process of revising respectively. The regulations contain edition of the Federal Register and the subsistence hunting and subparts as follows: Subpart A, General Code of Federal Regulations at regulations in even-numbered years and Provisions; Subpart B, Program www.govinfo.gov. At this site you can subsistence and shellfish Structure; Subpart C, Board view this document, as well as all other regulations in odd-numbered years; Determinations; and Subpart D, documents of this Department public proposal and review processes Subsistence Taking of Fish and Wildlife. published in the Federal Register, in take place during the preceding year. Consistent with subpart B of these text or Portable Document Format The Board also addresses customary and regulations, the Secretaries established a (PDF). To use PDF you must have traditional use determinations during Federal Subsistence Board to administer Adobe Acrobat Reader, which is the applicable biennial cycle. This rule the Federal Subsistence Management Program. The Board comprises: available free at the site. also revises fish customary and • traditional use determinations. A Chair appointed by the Secretary You may also access documents of the of the Interior with concurrence of the DATES: This rule is effective August 12, Department published in the Federal Secretary of Agriculture; Register by using the article search 2019. • The Alaska Regional Director, U.S. feature at www.federalregister.gov. ADDRESSES: The Board meeting Fish and Wildlife Service; Specifically, through the advanced transcripts are available for review at • The Alaska Regional Director, search feature at this site, you can limit the Office of Subsistence Management, National Park Service; your search to documents published by 1011 East Tudor Road, Mail Stop 121, • The Alaska State Director, Bureau the Department. Anchorage, AK 99503, or on the Office of Land Management; of Subsistence Management website • The Alaska Regional Director, Johnny W. Collett, (https://www.doi.gov/subsistence). The Bureau of Indian Affairs; Assistant Secretary for Special Education and comments received in response to the • The Alaska Regional Forester, Rehabilitative Services. proposed rule are available on USDA Forest Service; and [FR Doc. 2019–17215 Filed 8–7–19; 4:15 pm] www.regulations.gov in Docket No. • Two public members appointed by BILLING CODE 4000–01–P FWS–R7–SM–2017–0096. the Secretary of the Interior with FOR FURTHER INFORMATION CONTACT: concurrence of the Secretary of Chair, Federal Subsistence Board, c/o Agriculture. U.S. Fish and Wildlife Service, Through the Board, these agencies Attention: Thomas C.J. Doolittle, Office participate in the development of of Subsistence Management; (907) 786– regulations for subparts C and D, which, 3888 or [email protected]. For among other things, set forth program questions specific to National Forest eligibility and specific harvest seasons System lands, contact Thomas Whitford, and limits. Regional Subsistence Program Leader, In administering the program, the USDA, Forest Service, Alaska Region; Secretaries divided Alaska into 10

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subsistence resource regions, each of geographical, cultural, and user interests pattern of use, incorporating beliefs and which is represented by a Federal within each region. customs which have been transmitted Subsistence Regional Advisory Council The Board addresses customary and from generation to generation. . . .’’ (Council). The Councils provide a forum traditional use determinations during Since 1992, the Board has made a for rural residents with personal the applicable biennial cycle. Section number of customary and traditional knowledge of local conditions and ll.24 (customary and traditional use use determinations at the request of resource requirements to have a determinations) was originally affected subsistence users. Those meaningful role in the subsistence published in the Federal Register on modifications for fish and shellfish, management of fish and wildlife on May 29, 1992 (57 FR 22940). The along with some administrative regulations at 36 CFR 242.4 and 50 CFR Federal public lands in Alaska. The corrections, were published in the 100.4 define ‘‘customary and traditional Council members represent varied Federal Register as follows: use’’ as ‘‘a long-established, consistent

MODIFICATIONS TO § ll.24

Rule made changes to the following Federal Register citation Date of publication provisions of ll.24

59 FR 27462 ...... May 27, 1994 ...... Wildlife and Fish/Shellfish. 59 FR 51855 ...... October 13, 1994 ...... Wildlife and Fish/Shellfish. 60 FR 10317 ...... February 24, 1995 ...... Wildlife and Fish/Shellfish. 61 FR 39698 ...... July 30, 1996 ...... Wildlife and Fish/Shellfish. 62 FR 29016 ...... May 29, 1997 ...... Wildlife and Fish/Shellfish. 63 FR 35332 ...... June 29, 1998 ...... Wildlife and Fish/Shellfish. 63 FR 46148 ...... August 28, 1998 ...... Wildlife and Fish/Shellfish. 64 FR 1276 ...... January 8, 1999 ...... Fish/Shellfish. 66 FR 10142 ...... February 13, 2001 ...... Fish/Shellfish. 67 FR 5890 ...... February 7, 2002 ...... Fish/Shellfish. 68 FR 7276 ...... February 12, 2003 ...... Fish/Shellfish. 69 FR 5018 ...... February 3, 2004 ...... Fish/Shellfish. 70 FR 13377 ...... March 21, 2005 ...... Fish/Shellfish. 71 FR 15569 ...... March 29, 2006 ...... Fish/Shellfish. 72 FR 12676 ...... March 16, 2007 ...... Fish/Shellfish. 72 FR 73426 ...... December 27, 2007 ...... Wildlife/Fish. 74 FR 14049 ...... March 30, 2009 ...... Fish/Shellfish. 76 FR 12564 ...... March 8, 2011 ...... Fish/Shellfish. 83 FR 3079 ...... January 23, 2018 ...... Fish.

Current Rule proposals were also available online. regulatory action. Anyone may request The public then had an additional 70 that the Board remove a proposal from The Departments published a days in which to comment on the the consensus agenda and place it on proposed rule, Subsistence Management proposals for changes to the regulations. the non-consensus agenda. The Board Regulations for Public Lands in The 10 Councils met again, received votes en masse on the consensus agenda Alaska—2019–20 and 2020–21 public comments, and formulated their Subsistence Taking of Fish Regulations, after deliberation and action on all other recommendations to the Board on proposals. on March 23, 2018 (83 FR 12689), to proposals for their respective regions. amend the fish section of subparts C and The Councils had a substantial role in Of the proposals on the consensus D of 36 CFR part 242 and 50 CFR part reviewing the proposed rule and making agenda, the Board adopted two; adopted 100. The proposed rule opened a recommendations for the final rule. four with modification; and rejected comment period, which closed on April Moreover, a Council Chair, or a five. Analysis and justification for the 23, 2018. The Departments advertised designated representative, presented action taken on each proposal on the the proposed rule by mail, email, web each Council’s recommendations at the consensus agenda are available for page, social media, radio, and Board’s public meeting of April 15–18, review at the Office of Subsistence newspaper, and comments were 2019. These final regulations reflect Management, 1011 East Tudor Road, submitted via www.regulations.gov to Board review and consideration of Mail Stop 121, Anchorage, AK 99503, or Docket No. FWS–R7–SM–2017–0096. Council recommendations, Tribal and on the Office of Subsistence During that period, the Councils met Alaska Native corporation Management website (https:// and, in addition to other Council consultations, and public comments. www.doi.gov/subsistence). Of the business, received suggestions for The public received extensive proposals on the non-consensus agenda, proposals from the public. The Board opportunity to review and comment on the Board adopted three; adopted four received a total of 23 proposals for all changes. with modification; and rejected one. changes to subparts C and D; this Of the 19 valid proposals, 8 were on included 4 proposals that were deemed the Board’s non-consensus agenda and Summary of Non-Consensus Proposals invalid because they were beyond the 11 were on the consensus agenda. The Not Adopted by the Board scope of the Board’s authority, and one consensus agenda is made up of that was deferred from the previous proposals for which there is agreement The Board rejected one non- fisheries cycle. After the comment among the affected Councils, a majority consensus proposal. The rejected period closed, the Board prepared a of the Interagency Staff Committee proposal was recommended for booklet describing the proposals and members, and the Alaska Department of rejection by both affected Councils as distributed it to the public. The Fish and Game concerning a proposed noted below.

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Kuskokwim Area Southeastern Alaska Area ensure continued operation of the subsistence program. The Board rejected a deferred The Board adopted one proposal to proposal to restructure the management close the public waters of Neva Lake, National Environmental Policy Act plans, fishing schedules, and methods Neva Creek, and South Creek to the Compliance and means and allow for independent harvest of except by action to be taken by the Federal in- federally qualified users. This action A Draft Environmental Impact season manager on the Kuskokwim was supported by the affected Council. Statement that described four River. This action was supported by In the area-specific regulations for alternatives for developing a Federal both affected Councils. fish, Southeastern Alaska Area, Stikine Subsistence Management Program was River, the total annual guideline harvest distributed for public comment on Summary of Non-Consensus Proposals level for this has been deleted October 7, 1991. The Final Adopted by the Board based on changes in the coordination Environmental Impact Statement (FEIS) The Board adopted three proposals requirements for the U.S./Canada was published on February 28, 1992. and adopted with modification four Pacific Salmon Treaty, which went into The Record of Decision (ROD) on non-consensus proposals. Modifications effect on January 1, 2019. Subsistence Management for Federal were either suggested by the affected These final regulations reflect Board Public Lands in Alaska was signed April Council(s), developed during the review and consideration of Council 6, 1992. The selected alternative in the analysis process, or developed during recommendations, Tribal and Alaska FEIS (Alternative IV) defined the the Board’s public deliberations. All of Native corporation consultations, and administrative framework of an annual the adopted proposals were public comments. Because this rule regulatory cycle for subsistence recommended for adoption by at least concerns public lands managed by an regulations. one of the Councils as noted below. agency or agencies in both the A 1997 environmental assessment Departments of Agriculture and the Yukon-Northern Area dealt with the expansion of Federal Interior, identical text will be jurisdiction over fisheries and is incorporated into 36 CFR part 242 and The Board adopted with modification available at the office listed under FOR 50 CFR part 100. one proposal to revise the drift gillnet FURTHER INFORMATION CONTACT. The fishery in District 4 and remove mesh Conformance With Statutory and Secretary of the Interior, with depth restrictions. This action was Regulatory Authorities concurrence of the Secretary of supported by three Councils and Agriculture, determined that expansion Administrative Procedure Act opposed by one. of Federal jurisdiction does not Compliance Kuskokwim Area constitute a major Federal action The Board has provided extensive significantly affecting the human The Board adopted one proposal to opportunity for public input and environment and, therefore, signed a allow the use of 6-inch or less mesh size involvement in compliance with Finding of No Significant Impact. prior to June 1 in the Kuskokwim River Administrative Procedure Act Section 810 of ANILCA drainage. This action was supported by requirements, including publishing a one Council and opposed by another. proposed rule in the Federal Register, An ANILCA section 810 analysis was The Board adopted one proposal with participation in multiple Council completed as part of the FEIS process on modification to allow the use of gillnets meetings, additional public review and the Federal Subsistence Management in tributaries of the Kuskokwim River comment on all proposals for regulatory Program. The intent of all Federal change, and opportunity for additional during closures, in which salmon do not subsistence regulations is to accord public comment during the Board spawn. One Council supported the subsistence uses of fish and wildlife on meeting prior to deliberation. proposal and another supported with public lands a priority over the taking Additionally, an administrative modification. The Board further of fish and wildlife on such lands for mechanism exists (and has been used by modified the text to clarify the original other purposes, unless restriction is intent of the proponent. the public) to request reconsideration of the Board’s decision on any particular necessary to conserve healthy fish and Bristol Bay Area proposal for regulatory change (36 CFR wildlife populations. The final section 242.20 and 50 CFR 100.20). Therefore, 810 analysis determination appeared in The Board adopted one proposal to the Board believes that sufficient public the April 6, 1992, ROD and concluded revise the regulations for the take of notice and opportunity for involvement that the Program, under Alternative IV salmon, without a permit, in Lake Clark have been given to affected persons with an annual process for setting and its tributaries and include the use regarding Board decisions. subsistence regulations, may have some of rod and reel. This action was In the more than 25 years that the local impacts on subsistence uses, but supported by the affected Council. Program has been operating, no benefit will not likely restrict subsistence uses significantly. Prince William Sound Area to the public has been demonstrated by delaying the effective date of the During the subsequent environmental The Board adopted one proposal with subsistence regulations. A lapse in assessment process for extending modification to place the permit regulatory control could affect the fisheries jurisdiction, an evaluation of conditions for the Prince William Sound continued viability of fish or wildlife the effects of this rule was conducted in Area into regulations. This action was populations and future subsistence accordance with section 810. That supported by the affected Council. opportunities for rural Alaskans, and evaluation also supported the The Board adopted one proposal that would generally fail to serve the overall Secretaries’ determination that the rule allows the use of one unit of gear per public interest. Therefore, the Board will not reach the ‘‘may significantly person fishing under the same finds good cause pursuant to 5 U.S.C. restrict’’ threshold that would require (household) subsistence permit in the 553(d)(3) to make this rule effective notice and hearings under ANILCA upper district. upon the date set forth in DATES to section 810(a).

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Paperwork Reduction Act of 1995 (PRA) and, if given an estimated dollar value Executive Order 13175 An agency may not conduct or of $3.00 per pound, this amount would The Alaska National Interest Lands sponsor and you are not required to equate to about $6 million in food value Conservation Act, Title VIII, does not respond to a collection of information Statewide. Based upon the amounts and provide specific rights to Tribes for the unless it displays a currently valid values cited above, the Departments subsistence taking of wildlife, fish, and Office of Management and Budget certify that this rulemaking will not shellfish. However, the Board provided (OMB) control number. This rule does have a significant economic effect on a federally recognized Tribes and Alaska not contain any new collections of substantial number of small entities Native corporations opportunities to information that require OMB approval. within the meaning of the Regulatory consult on this rule. Consultation with OMB has reviewed and approved the Flexibility Act. Alaska Native corporations are based on collections of information associated Small Business Regulatory Enforcement Public Law 108–199, div. H, Sec. 161, with the subsistence regulations at 36 Fairness Act Jan. 23, 2004, 118 Stat. 452, as amended CFR part 242 and 50 CFR part 100, and by Public Law 108–447, div. H, title V, assigned OMB Control Number 1018– Under the Small Business Regulatory Sec. 518, Dec. 8, 2004, 118 Stat. 3267, 0075 (expires August 31, 2019; in Enforcement Fairness Act (5 U.S.C. 801 which provides that: ‘‘The Director of accordance with 5 CFR 1320.10, an et seq.), this rule is not a major rule. It the Office of Management and Budget agency may continue to conduct or does not have an effect on the economy and all Federal agencies shall hereafter sponsor this collection of information of $100 million or more, will not cause consult with Alaska Native corporations while the renewal submission is a major increase in costs or prices for on the same basis as Indian Tribes pending at OMB). consumers, and does not have under Executive Order No. 13175.’’ significant adverse effects on The Secretaries, through the Board, Regulatory Planning and Review competition, employment, investment, provided a variety of opportunities for (Executive Orders 12866 and 13563) productivity, innovation, or the ability consultation: Commenting on proposed Executive Order 12866 provides that of U.S.-based enterprises to compete changes to the existing rule; engaging in the Office of Information and Regulatory with foreign-based enterprises. dialogue at the Council meetings; Affairs (OIRA) in the Office of Executive Order 12630 engaging in dialogue at the Board’s Management and Budget will review all meetings; and providing input in significant rules. OIRA has determined Title VIII of ANILCA requires the person, by mail, email, or phone at any that this rule is not significant. Secretaries to administer a subsistence time during the rulemaking process. Executive Order 13563 reaffirms the priority on public lands. The scope of On April 15, 2019, the Board principles of E.O. 12866 while calling this Program is limited by definition to provided federally recognized Tribes for improvements in the nation’s certain public lands. Likewise, these and Alaska Native Corporations a regulatory system to promote regulations have no potential takings of specific opportunity to consult on this predictability, to reduce uncertainty, private property implications as defined rule prior to the start of its public and to use the best, most innovative, by Executive Order 12630. regulatory meeting. Federally and least burdensome tools for recognized Tribes and Alaska Native achieving regulatory ends. The Unfunded Mandates Reform Act Corporations were notified by mail and executive order directs agencies to The Secretaries have determined and telephone and were given the consider regulatory approaches that certify pursuant to the Unfunded opportunity to attend in person or via reduce burdens and maintain flexibility Mandates Reform Act, 2 U.S.C. 1502 et teleconference. and freedom of choice for the public seq., that this rulemaking will not Executive Order 13211 where these approaches are relevant, impose a cost of $100 million or more feasible, and consistent with regulatory in any given year on local or State This Executive Order requires objectives. E.O. 13563 emphasizes governments or private entities. The agencies to prepare Statements of further that regulations must be based implementation of this rule is by Energy Effects when undertaking certain on the best available science and that Federal agencies, and there is no cost actions. However, this rule is not a the rulemaking process must allow for imposed on any State or local entities or significant regulatory action under E.O. public participation and an open Tribal governments. 13211, affecting energy supply, exchange of ideas. We have developed distribution, or use, and no Statement of this rule in a manner consistent with Executive Order 12988 Energy Effects is required. these requirements. The Secretaries have determined that Drafting Information Regulatory Flexibility Act these regulations meet the applicable Theo Matuskowitz drafted these The Regulatory Flexibility Act of 1980 standards provided in sections 3(a) and regulations under the guidance of (5 U.S.C. 601 et seq.) requires 3(b)(2) of Executive Order 12988, Thomas C.J. Doolittle of the Office of preparation of flexibility analyses for regarding civil justice reform. Subsistence Management, Alaska rules that will have a significant effect Executive Order 13132 Regional Office, U.S. Fish and Wildlife on a substantial number of small Service, Anchorage, Alaska. Additional entities, which include small In accordance with Executive Order assistance was provided by businesses, organizations, or 13132, the rule does not have sufficient • Daniel Sharp, Alaska State Office, governmental jurisdictions. In general, Federalism implications to warrant the Bureau of Land Management; the resources to be harvested under this preparation of a Federalism summary • Clarence Summers, Alaska Regional rule are already being harvested and impact statement. Title VIII of ANILCA Office, National Park Service; consumed by the local harvester and do precludes the State from exercising • Dr. Glenn Chen, Alaska Regional not result in an additional dollar benefit subsistence management authority over Office, Bureau of Indian Affairs; to the economy. However, we estimate fish and wildlife resources on Federal • Carol Damberg, Alaska Regional that two million pounds of meat are lands unless it meets certain Office, U.S. Fish and Wildlife Service; harvested by subsistence users annually requirements. and

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• Thomas Whitford, Alaska Regional Regulation Promulgation Authority: 16 U.S.C. 3, 472, 551, 668dd, Office, USDA Forest Service. 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. For the reasons set out in the 1733. List of Subjects preamble, the Federal Subsistence Subpart C—Board Determinations 36 CFR Part 242 Board amends title 36, part 242, and title 50, part 100, of the Code of Federal Administrative practice and ■ 2. Amend § ll.24 in the table in Regulations, as set forth below. procedure, Alaska, Fish, National paragraph (a)(2) by revising the entries forests, Public lands, Reporting and PART ll—SUBSISTENCE for ‘‘YAKUTAT AREA’’ and recordkeeping requirements, Wildlife. MANAGEMENT REGULATIONS FOR ‘‘SOUTHEASTERN ALASKA AREA’’ to read as follows: 50 CFR Part 100 PUBLIC LANDS IN ALASKA Administrative practice and § ll.24 Customary and traditional use procedure, Alaska, Fish, National ■ 1. The authority citation for both 36 determinations. forests, Public lands, Reporting and CFR part 242 and 50 CFR part 100 (a) * * * recordkeeping requirements, Wildlife. continues to read as follows: (2) * * *

Area Species Determination

******* YAKUTAT AREA ...... All fish ...... Residents of Yakutat and Southeastern Alaska Fishery Management Areas. SOUTHEASTERN ALASKA AREA ...... All fish ...... Residents of Yakutat and Southeastern Alaska Fishery Management Areas.

* * * * * (iii) In the following locations, you (vii) In Districts 1, 2, and 3: may take salmon during the open (A) After the opening of the State Subpart D—Subsistence Taking of weekly fishing periods of the State commercial salmon fishing season Fish and Wildlife commercial salmon fishing season and through July 15, you may not take may not take them for 24 hours before salmon for subsistence for 18 hours ■ 3. Amend § ll.27 by revising the opening of the State commercial immediately before, during, and for 12 paragraphs (e)(3), (4), (5), (11), and (13) salmon fishing season: hours after each State commercial to read as follows: (A) In District 4, excluding the salmon fishing period; § ll.27 Subsistence taking of fish. Koyukuk River drainage; (B) After July 15, you may not take * * * * * (B) In Subdistricts 4B and 4C from salmon for subsistence for 12 hours (e) * * * June 15 through September 30, salmon immediately before, during, and for 12 (3) Yukon-Northern Area. The Yukon- may be taken from 6 p.m. Sunday until hours after each State commercial Northern Area includes all waters of 6 p.m. Tuesday and from 6 p.m. salmon fishing period. Alaska between the latitude of Point Wednesday until 6 p.m. Friday; (viii) In Subdistrict 4A after the Romanof and the latitude of the (C) In District 6, excluding the opening of the State commercial salmon westernmost point of the Naskonat Kantishna River drainage, salmon may fishing season, you may not take salmon Peninsula, including those waters be taken from 6 p.m. Friday until 6 p.m. for subsistence for 12 hours draining into the Bering Sea, and all Wednesday. immediately before, during, and for 12 waters of Alaska north of the latitude of (iv) During any State commercial hours after each State commercial the westernmost tip of Point Hope and salmon fishing season closure of greater salmon fishing period; however, you west of 141° West longitude, including than 5 days in duration, you may not may take during the those waters draining into the Arctic take salmon during the following State season, with Ocean and the Chukchi Sea. periods in the following districts: drift gillnet gear only, from 6:00 p.m. (i) Unless otherwise restricted in this (A) In District 4, excluding the Sunday until 6:00 p.m. Tuesday and section, you may take fish in the Yukon- Koyukuk River drainage, salmon may from 6:00 p.m. Wednesday until 6:00 Northern Area at any time. In those not be taken from 6 p.m. Friday until 6 p.m. Friday. locations where subsistence fishing p.m. Sunday; (ix) You may not subsistence fish in permits are required, only one (B) In District 5, excluding the Tozitna the following drainages located north of subsistence fishing permit will be River drainage and Subdistrict 5D, the main : issued to each household per year. You salmon may not be taken from 6 p.m. (A) Kanuti River upstream from a may subsistence fish for salmon with Sunday until 6 p.m. Tuesday. point 5 miles downstream of the State rod and reel in the Yukon River (v) Except as provided in this section, highway crossing; drainage 24 hours per day, 7 days per and except as may be provided by the (B) Bonanza Creek; week, unless rod and reel are terms of a subsistence fishing permit, (C) Jim River including Prospect and specifically otherwise restricted in this you may take fish other than salmon at Douglas Creeks. paragraph (e)(3). any time. (x) You may not subsistence fish in (ii) For the Yukon River drainage, (vi) In Districts 1, 2, 3, and Subdistrict the Delta River. Federal subsistence fishing schedules, 4A, excluding the Koyukuk and Innoko (xi) In Beaver Creek downstream from openings, closings, and fishing methods River drainages, you may not take the confluence of Moose Creek, a gillnet are the same as those issued for the salmon for subsistence purposes during with mesh size not to exceed 3-inches subsistence taking of fish under Alaska the 24 hours immediately before the stretch-measure may be used from June Statutes (AS 16.05.060), unless opening of the State commercial salmon 15 through September 15. You may superseded by a Federal special action. fishing season. subsistence fish for all non-salmon

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species but may not target salmon commercial, personal use, and removed before the person conceals the during this time period (retention of subsistence purposes. salmon from plain view or transfers the salmon taken incidentally to non- (B) You may not use an aggregate salmon from the fishing site. salmon directed fisheries is allowed). length of set gillnet in excess of 150 (xxii) In the Yukon River drainage, From the mouth of Nome Creek fathoms, and each drift gillnet may not Chinook salmon must be used primarily downstream to the confluence of Moose exceed 50 fathoms in length. for human consumption and may not be Creek, only rod and reel may be used. (C) In Districts 4, 5, and 6, you may targeted for dog food. Dried Chinook From the mouth of Nome Creek not set subsistence fishing gear within salmon may not be used for dog food downstream to the confluence of 200 feet of other fishing gear operating anywhere in the Yukon River drainage. O’Brien Creek, the daily harvest and for commercial, personal, or subsistence Whole fish unfit for human possession limit is 5 grayling; from the use except that, at the site consumption (due to disease, mouth of O’Brien Creek downstream to approximately 1 mile upstream from deterioration, and deformities), scraps, the confluence of Moose Creek, the Ruby on the south bank of the Yukon and small fish (16 inches or less) may daily harvest and possession limit is 10 River between ADF&G regulatory be fed to dogs. Also, whole Chinook grayling. The Nome Creek drainage of markers containing the area known salmon caught incidentally during a Beaver Creek is closed to subsistence locally as the ‘‘Slide,’’ you may set subsistence fishery in the fishing for grayling. subsistence fishing gear within 200 feet following time periods and locations (xii) You may not subsistence fish in of other operating commercial or may be fed to dogs: the Toklat River drainage from August subsistence fishing gear, and in District (A) After July 10 in the Koyukuk River 15 through May 15. 4, from Old Paradise Village upstream to drainage; (xiii) You may take salmon only by a point 4 miles upstream from Anvik, (B) After August 10, in Subdistrict 5D, gillnet, beach seine, dip net, fish wheel, there is no minimum distance upstream of Circle City. or rod and reel, subject to the requirement between fish wheels. (4) Kuskokwim Area. The Kuskokwim restrictions set forth in this section. (D) During the State commercial Area consists of all waters of Alaska between the latitude of the westernmost (A) In the Yukon River drainage, you salmon fishing season, within the point of Naskonat Peninsula and the may not take salmon for subsistence Yukon River and the Tanana River latitude of the southernmost tip of Cape fishing using gillnets with stretched below the confluence of the Wood Newenham, including the waters of mesh larger than 7.5 inches. River, you may use drift gillnets and Alaska surrounding Nunivak and St. (B) In Subdistrict 5D you may take fish wheels only during open Matthew Islands and those waters salmon once the mid-range of the subsistence salmon fishing periods. (E) In Birch Creek, gillnet mesh size draining into the Bering Sea. Canadian interim management (i) Unless otherwise restricted in this escapement goal and the total allowable may not exceed 3-inches stretch- measure from June 15 through section, you may take fish in the catch goal are projected to be achieved. Kuskokwim Area at any time without a (C) Salmon may be harvested by dip September 15. (F) In Racetrack Slough on the subsistence fishing permit. net at any time, except during times of Koyukuk River and in the sloughs of the (ii) For the Kuskokwim area, Federal conservation when the Federal in- Huslia River drainage, from when each subsistence fishing schedules, openings, season manager may announce river is free of ice through June 15, the closings, and fishing methods are the restrictions on time, areas, and species. offshore end of the set gillnet may not same as those issued for the subsistence (xiv) In District 4, if you are a be closer than 20 feet from the opposite taking of fish under Alaska Statutes (AS commercial , you may not bank except that sloughs 40 feet or less 16.05.060), except the use of gillnets take salmon for subsistence purposes in width may have 3⁄4 width coverage with 6-inch or less mesh size is allowed during the State commercial salmon with set gillnet, unless closed by before June 1 in the Kuskokwim River fishing season using gillnets with Federal special action. drainage, unless superseded by a stretched-mesh larger than 6 inches after (xviii) In District 4, from September Federal special action. a date specified by ADF&G emergency 21 through May 15, you may use (iii) In District 1, Kuskokuak Slough, order issued between July 10 and July gear from shore ice. from June 1 through July 31 only, you 31. (xix) You must possess a subsistence may not take salmon for 16 hours before (xv) In Districts 5 and 6, you may not fishing permit for the following and during each State open commercial take salmon for subsistence purposes by locations: salmon fishing period in the district. drift gillnets. (A) For the Yukon River drainage (iv) In Districts 4 and 5, from June 1 (xvi) In District 4 salmon may be from the mouth of Hess Creek to the through September 8, you may not take taken by drift gillnet not more than 150 mouth of the Dall River; salmon for 16 hours before or during feet in length unless restricted by (B) For the Yukon River drainage from and for 6 hours after each State open special action or as modified by the upstream mouth of 22 Mile Slough commercial salmon fishing period in regulations in this section. to the U.S.-Canada border; each district. (xvii) Unless otherwise specified in (C) Only for salmon in the Tanana (v) In District 2, and anywhere in this section, you may take fish other River drainage above the mouth of the tributaries that flow into the than salmon by set gillnet, drift gillnet, Wood River. Kuskokwim River within that district, beach seine, fish wheel, long line, fyke (xx) Only one subsistence fishing from June 1 through September 8, you net, dip net, jigging gear, spear, lead, or permit will be issued to each household may not take salmon by net gear or fish rod and reel, subject to the following per year. wheel for 16 hours before or during and restrictions, which also apply to (xxi) In Districts 1, 2, and 3, from June for 6 hours after each open commercial subsistence salmon fishing: 1 through July 15. If ADF&G has salmon fishing period in the district. (A) During the open weekly fishing announced that Chinook salmon can be You may subsistence fish for salmon periods of the State commercial salmon sold in the commercial fisheries, you with rod and reel 24 hours per day, 7 fishing season, if you are a commercial may not possess Chinook salmon taken days per week, unless rod and reel are fisherman, you may not operate more for subsistence purposes unless both specifically restricted by this paragraph than one type of gear at a time, for tips (lobes) of the tail fin have been (e)(4).

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(vi) You may not take subsistence fish (xvi) You may take rainbow trout only of the Togiak River to the ADF&G by nets in the Goodnews River east of in accordance with the following regulatory markers. a line between ADF&G regulatory restrictions: (C) You may also take salmon without markers placed near the mouth of the (A) You may take rainbow trout only a permit in Sixmile Lake and its Ufigag River and an ADF&G regulatory by the use of gillnets, dip nets, fyke tributaries within and adjacent to the marker placed near the mouth of the nets, handline, spear, rod and reel, or exterior boundaries of Lake Clark Tunulik River 16 hours before or during jigging through the ice; National Park and Preserve unless and for 6 hours after each State open (B) You may not use gillnets, dip nets, otherwise prohibited, and Lake Clark commercial salmon fishing period. or fyke nets for targeting rainbow trout and its tributaries, by (by (vii) You may not take subsistence from March 15 through June 15; handline or rod and reel), using a spear, fish by nets in the Kanektok River (C) If you take rainbow trout bow and arrow, rod and reel, or upstream of ADF&G regulatory markers incidentally in other subsistence net capturing by bare hand. placed near the mouth 16 hours before fisheries and through the ice, you may (D) You may also take salmon by or during and for 6 hours after each retain them for subsistence purposes; beach seines not exceeding 25 fathoms State open commercial salmon fishing (D) There are no harvest limits with in length in Lake Clark, excluding its period. handline, spear, rod and reel, or jigging. tributaries. (viii) You may not take subsistence (xvii) All tributaries not expressly (E) You may also take fish (except fish by nets in the Arolik River closed by Federal special action, or as rainbow trout) with a fyke net and lead upstream of ADF&G regulatory markers modified by regulations in this section, in tributaries of Lake Clark and the placed near the mouth 16 hours before remain open to the use of gillnets more tributaries of Sixmile Lake within and or during and for 6 hours after each than 100 yards upstream from their adjacent to the exterior boundaries of State open commercial salmon fishing confluence with the Kuskokwim River. Lake Clark National Park and Preserve period. (5) Bristol Bay Area. The Bristol Bay unless otherwise prohibited. Area includes all waters of Bristol Bay, (1) You may use a fyke net and lead (ix) You may only take salmon by only with a permit issued by the Federal gillnet, beach seine, fish wheel, dip net, including drainages enclosed by a line from Cape Newenham to Cape in-season manager. or rod and reel subject to the restrictions (2) All fyke nets and leads must be set out in this section, except that you Menshikof. (i) Unless restricted in this section, or attended at all times while in use. may also take salmon by spear in the (3) All materials used to construct the unless under the terms of a subsistence Kanektok, and Arolik River drainages, fyke net and lead must be made of wood fishing permit, you may take fish at any and in the drainage of Goodnews Bay. and be removed from the water when time in the Bristol Bay area. (x) You may not use an aggregate the fyke net and lead is no longer in use. (ii) In all State commercial salmon length of set gillnets or drift gillnets in (viii) The maximum lengths for set districts, from May 1 through May 31 excess of 50 fathoms for taking salmon. gillnets used to take salmon are as and October 1 through October 31, you (xi) You may take fish other than follows: salmon by set gillnet, drift gillnet, beach may subsistence fish for salmon only (A) You may not use set gillnets seine, fish wheel, pot, long line, fyke from 9:00 a.m. Monday until 9:00 a.m. exceeding 10 fathoms in length in the net, dip net, jigging gear, spear, lead, Friday. From June 1 through September Egegik River; handline, or rod and reel. 30, within the waters of a commercial (B) In the remaining waters of the salmon district, you may take salmon (xii) You must attach to the bank each area, you may not use set gillnets only during State open commercial subsistence gillnet operated in exceeding 25 fathoms in length. salmon fishing periods. tributaries of the Kuskokwim River and (ix) You may not operate any part of (iii) In the Egegik River from 9 a.m. fish it substantially perpendicular to the a set gillnet within 300 feet of any part June 23 through 9 a.m. July 17, you may bank and in a substantially straight line. of another set gillnet. take salmon only during the following (x) You must stake and buoy each set (xiii) Within a tributary to the times: From 9 a.m. Tuesday to 9 a.m. Kuskokwim River in that portion of the gillnet. Instead of having the identifying Wednesday and from 9:00 a.m. Saturday information on a keg or buoy attached Kuskokwim River drainage from the to 9 a.m. Sunday. north end of Eek Island upstream to the to the gillnet, you may plainly and (iv) You may not take fish from waters legibly inscribe your first initial, last mouth of the Kolmakoff River, you may within 300 feet of a stream mouth used not set or operate any part of a set name, and subsistence permit number by salmon. on a sign at or near the set gillnet. gillnet within 150 feet of any part of (v) You may not subsistence fish with another set gillnet. (xi) You may not operate or assist in nets in the Tazimina River and within operating subsistence salmon net gear (xiv) The maximum depth of gillnets one-fourth mile of the terminus of those while simultaneously operating or is as follows: waters during the period from assisting in operating commercial (A) Gillnets with 6-inch or smaller September 1 through June 14. salmon net gear. stretched-mesh may not be more than 45 (vi) Within any district, you may take (xii) During State closed commercial meshes in depth; salmon, herring, and capelin by set herring fishing periods, you may not use (B) Gillnets with greater than 6-inch gillnets only. gillnets exceeding 25 fathoms in length stretched-mesh may not be more than 35 (vii) Outside the boundaries of any for the subsistence taking of herring or meshes in depth. district, unless otherwise specified, you capelin. (xv) You may not use subsistence set may take salmon by set gillnet only. (xiii) You may take fish other than and drift gillnets exceeding 15 fathoms (A) You may also take salmon by salmon, herring, and capelin by gear in length in Whitefish Lake in the Ophir spear in the Togiak River, excluding its listed in this part unless restricted Creek drainage. You may not operate tributaries. under the terms of a subsistence fishing more than one subsistence set or drift (B) You may also use drift gillnets not permit. gillnet at a time in Whitefish Lake in the greater than 10 fathoms in length to take (xiv) You may take salmon only under Ophir Creek drainage. You must check salmon in the Togiak River in the first authority of a State subsistence salmon the net at least once every 24 hours. 2 river miles upstream from the mouth permit (permits are issued by ADF&G)

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except when using a Federal permit for net fisheries, you may retain them for salmon taken by dip net and no more fyke net and lead. subsistence purposes, unless restricted than 5 Chinook taken by rod and reel. (xv) Only one State subsistence in this section. (xi) The following apply to Upper fishing permit for salmon and one (iv) In the Copper River drainage, you Copper River District subsistence Federal permit for use of a fyke net and may take salmon only in the waters of salmon fishing permits: lead for all fish (except rainbow trout) the Upper Copper River District, or in (A) Only one subsistence fishing may be issued to each household per the vicinity of the Native Village of permit per subdistrict will be issued to year. Batzulnetas. each household per year. If a household (xvi) In the Togiak River section and (v) In the Upper Copper River District, has been issued permits for both the Togiak River drainage: you may take salmon only by fish subdistricts in the same year, both (A) You may not possess wheels, rod and reel, or dip nets. permits must be in your possession and taken under the authority of a (vi) Rainbow/steelhead trout and readily available for inspection while subsistence fishing permit unless both other freshwater fish caught incidentally fishing or transporting subsistence-taken lobes of the caudal fin (tail) or the dorsal to salmon by fish wheel in the Upper fish in either subdistrict. A qualified fin have been removed. Copper River District may be retained. household may also be issued a (B) You may not possess salmon taken (vii) Freshwater fish other than Batzulnetas salmon fishery permit in the with a drift gillnet under the authority rainbow/steelhead trout caught same year. of a subsistence fishing permit unless incidentally to salmon by dip net in the (B) Multiple types of gear may be both lobes of the caudal fin (tail) or the Upper Copper River District may be specified on a permit, although only one dorsal fin have been removed. retained. Rainbow/steelhead trout unit of gear per person may be operated (xvii) You may take rainbow trout caught incidentally to salmon by dip net at any one time. only by rod and reel or jigging gear. in the Upper Copper River District must (C) You must return your permit no Rainbow trout daily harvest and be released unharmed to the water. later than October 31 of the year in possession limits are two per day/two in (viii) You may not possess salmon which the permit is issued, or you may possession with no size limit from April taken under the authority of an Upper be denied a permit for the following 10 through October 31 and five per day/ Copper River District subsistence year. five in possession with no size limit fishing permit, or rainbow/steelhead (D) A fish wheel may be operated only from November 1 through April 9. trout caught incidentally to salmon by by one permit holder at one time; that (xviii) If you take rainbow trout fish wheel, unless the anal fin has been permit holder must have the fish wheel incidentally in other subsistence net immediately removed from the fish. You marked as required by paragraph fisheries, or through the ice, you may must immediately record all retained (e)(11)(xii)(B) or (e)(11)(xiii)(E) of this retain them for subsistence purposes. fish on the subsistence permit. section and during fishing operations. * * * * * Immediately means prior to concealing (E) Only the permit holder and the (11) Prince William Sound Area. The the fish from plain view or transporting authorized member(s) of the household Prince William Sound Area includes all the fish more than 50 feet from where listed on the subsistence permit may waters and drainages of Alaska between the fish was removed from the water. take salmon. the longitude of Cape Fairfield and the (ix) You may take salmon in the (F) You must personally operate your longitude of Cape Suckling. Upper Copper River District from May fish wheel or dip net. (i) You may take fish, other than 15 through September 30 only. (G) You may not loan or transfer a rainbow/steelhead trout, in the Prince (x) The total annual harvest limit for subsistence fish wheel or dip net permit William Sound Area only under subsistence salmon fishing permits in except as permitted. authority of a subsistence fishing combination for the Glennallen (xii) If you are a fish wheel owner: permit, except that a permit is not Subdistrict and the Chitina Subdistrict (A) You must register your fish wheel required to take eulachon. You make not is as follows: with ADF&G or the Federal Subsistence take rainbow/steelhead trout, except as (A) For a household with 1 person, 30 Board. otherwise provided for in this paragraph salmon, of which no more than 5 may (B) Your registration number and a (e)(11). be Chinook salmon taken by dip net and wood, metal, or plastic plate at least 12 (A) In the Prince William Sound Area no more than 5 Chinook taken by rod inches high by 12 inches wide bearing within Chugach National Forest and in and reel. either your name and address, or your the Copper River drainage downstream (B) For a household with 2 persons, Alaska driver’s license number, or your of Haley Creek, you may accumulate 60 salmon, of which no more than 5 Alaska State identification card number Federal subsistence fishing harvest may be Chinook salmon taken by dip in letters and numerals at least 1 inch limits with harvest limits under State of net and no more than 5 Chinook taken high, must be permanently affixed and Alaska sport fishing regulations by rod and reel, plus 10 salmon for each plainly visible on the fish wheel when provided that accumulation of fishing additional person in a household over 2 the fish wheel is in the water. harvest limits does not occur during the persons, except that the household’s (C) Only the current year’s registration same day. limit for Chinook salmon taken by dip number may be affixed to the fish (B) You may accumulate harvest net or rod and reel does not increase. wheel; you must remove any other limits of salmon authorized for the (C) Upon request, permits for registration number from the fish wheel. Copper River drainage upstream from additional salmon will be issued for no (D) You are responsible for the fish Haley Creek with harvest limits for more than a total of 200 salmon for a wheel; you must remove the fish wheel salmon authorized under State of Alaska permit issued to a household with 1 from the water at the end of the permit sport fishing regulations. person, of which no more than 5 may period. (ii) You may take fish by gear listed be Chinook salmon taken by dip net and (E) You may not rent, lease, or in paragraph (b)(1) of this section unless no more than 5 Chinook taken by rod otherwise use your fish wheel used for restricted in this section or under the and reel, or no more than a total of 500 subsistence fishing for personal gain. terms of a subsistence fishing permit. salmon for a permit issued to a (xiii) If you are operating a fish wheel: (iii) If you catch rainbow/steelhead household with 2 or more persons, of (A) You may operate only one fish trout incidentally in other subsistence which no more than 5 may be Chinook wheel at any one time.

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(B) You may not set or operate a fish regulatory markers located near the (C) You must remove both lobes of the wheel within 75 feet of another fish mouth of Tanada Creek and caudal (tail) fin from subsistence-caught wheel. approximately one-half mile salmon before leaving the fishing site. (C) You must check your fish wheel downstream from that mouth and in (D) You may take salmon by rod and at least once every 10 hours and remove Tanada Creek between National Park reel, dip net, spear, and gaff year round. all fish. Service regulatory markers identifying (E) For a household with 1 person, 15 (D) No fish wheel may have more than the open waters of the creek. salmon (other than pink) may be taken, two baskets. (B) You may use only fish wheels, dip and 5 cutthroat trout, with only 2 over (E) If you are a permittee other than nets, and rod and reel on the Copper 20 inches, may be taken; for pink the owner, you must attach an River and only dip nets, spears, fyke salmon, see the conditions of the additional wood, metal, or plastic plate nets, and rod and reel in Tanada Creek. permit. at least 12 inches high by 12 inches One fyke net and associated lead may be (F) For a household with 2 persons, wide, bearing your name and address in used in Tanada Creek upstream of the 30 salmon (other than pink) may be letters and numerals at least 1 inch high, National Park Service weir. taken, plus an additional 10 salmon for to the fish wheel so that the name and (C) You may take salmon only from each additional person in a household address are plainly visible. May 15 through September 30 or until over 2 persons, and 5 cutthroat trout, (xiv) A subsistence fishing permit the season is closed by special action. with only 2 over 20 inches per each may be issued to a village council, or (D) You may retain Chinook salmon household member with a maximum other similarly qualified organization household limit of 30 cutthroat trout whose members operate fish wheels for taken in a fish wheel in the Copper River. You must return to the water may be taken; for , see the subsistence purposes in the Upper conditions of the permit. Copper River District, to operate fish unharmed any Chinook salmon caught in Tanada Creek. (G) You may take Dolly Varden, wheels on behalf of members of its Arctic char, whitefish, and grayling with village or organization. The following (E) You must return the permit to the National Park Service no later than rod and reel and spear year round and additional provisions apply to with a gillnet from January 1–April 1. subsistence fishing permits issued October 15 of the year the permit was issued. The maximum incidental gillnet harvest under this paragraph (e)(11)(xiv): of trout is 10. (A) The permit will list all households (F) You may only use a fyke net after (H) You may take cutthroat trout with and household members for whom the consultation with the in-season rod and reel and spear from June 15 to fish wheel is being operated. The permit manager. You must be present when the April 14th and with a gillnet from will identify a person who will be fyke net is actively fishing. You may January 1 to April 1. responsible for the fish wheel and will take no more than 1,000 sockeye salmon (I) You may not retain rainbow/ be the same person as is listed on the in Tanada Creek with a fyke net. steelhead trout for subsistence unless fish wheel described in paragraph (xvi) You may take pink salmon for taken incidentally in a subsistence (e)(11)(xiii)(E) of this section. subsistence purposes from fresh water gillnet fishery. Rainbow/steelhead trout (B) The allowable harvest may not with a dip net from May 15 through must be immediately released from a exceed the combined seasonal limits for September 30, 7 days per week, with no dip net without harm. the households listed on the permit; the harvest or possession limits in the * * * * * permittee will notify the ADF&G or following areas: Federal Subsistence Board when (13) Southeastern Alaska Area. The (A) Green Island, Knight Island, Southeastern Alaska Area includes all households are added to the list, and the Chenega Island, Bainbridge Island, seasonal limit may be adjusted waters between a line projecting Evans Island, Elrington Island, Latouche southwest from the westernmost tip of accordingly. Island, and adjacent islands, and the (C) Members of households listed on Cape Fairweather and Dixon Entrance. mainland waters from the outer point of (i) Unless restricted in this section or a permit issued to a village council or Granite Bay located in Knight Island other similarly qualified organization under the terms of a subsistence fishing Passage to Cape Fairfield; permit, you may take fish other than are not eligible for a separate household (B) Waters north of a line from subsistence fishing permit for the Upper salmon, trout, grayling, and char in the Porcupine Point to Granite Point, and Southeastern Alaska Area at any time. Copper River District. south of a line from Point Lowe to (D) The permit will include (ii) You must possess a subsistence Tongue Point. provisions for recording daily catches fishing permit to take salmon, trout, for each fish wheel; location and (xvii) In the Chugach National Forest grayling, or char. You must possess a number of fish wheels; full legal name portion of the Prince William Sound subsistence fishing permit to take of the individual responsible for the Area, you must possess a Federal eulachon from any freshwater stream lawful operation of each fish wheel as subsistence fishing permit to take flowing into fishing District 1. described in paragraph (e)(11)(xiii)(E) of salmon, trout, whitefish, grayling, Dolly (iii) In the Southeastern Alaska Area, this section; and other information Varden, or char. Permits are available a rainbow trout is defined as a fish of determined to be necessary for effective from the Cordova Ranger District. the species Oncorhyncus mykiss less resource management. (A) Salmon harvest is not allowed in than 22 inches in overall length. A (xv) You may take salmon in the Eyak Lake and its tributaries, Copper steelhead is defined as a rainbow trout vicinity of the former Native village of River and its tributaries, and Eyak River with an overall length of 22 inches or Batzulnetas only under the authority of upstream from the Copper River larger. a Batzulnetas subsistence salmon Highway bridge. (iv) In areas where use of rod and reel fishing permit available from the (B) You must record on your is allowed, you may use , National Park Service under the subsistence permit the number of lure, or bait when fishing with rod and following conditions: subsistence fish taken. You must record reel, unless restricted by Federal permit. (A) You may take salmon only in all harvested fish prior to leaving the If you use bait, you must retain all those waters of the Copper River fishing site, and return the permit by the federally regulated fish species caught, between National Park Service due date marked on the permit. and they apply to your applicable daily,

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seasonal, and annual harvest limits for gaffs, rod and reel, beach seine, or close of the season and before receiving that species. gillnets not exceeding 15 fathoms in another permit for a Prince of Wales/ (A) For streams with steelhead, once length may be used. The maximum Kosciusko steelhead subsistence fishery. your daily, seasonal, or annual limit of gillnet stretched mesh size is 8 inches The permit conditions and systems to steelhead is harvested, you may no during the Chinook salmon season and receive special protection will be longer fish with bait for any species. 5 1⁄2 inches during the sockeye salmon determined by the local Federal (B) Unless otherwise specified in this season. There is no maximum mesh size fisheries manager in consultation with paragraph (e)(13), allowable gear for during the coho salmon season. ADF&G. salmon or steelhead is restricted to gaffs, (A) You may take Chinook salmon spears, gillnets, seines, dip nets, cast from May 15 through June 20. The (B) The spring season is March 1 nets, handlines, or rod and reel. annual limit is five Chinook salmon per through May 31, with a harvest limit of (v) Unless otherwise specified in this household. five fish per household; however, only paragraph (e)(13), you may use a (B) You may take sockeye salmon two steelhead may be harvested by a handline for snagging salmon or from June 21 through July 31. The household from a particular drainage. steelhead. annual limit is 40 sockeye salmon per You may use only a dip net, handline, (vi) You may fish with a rod and reel household. spear, or rod and reel. You must return within 300 feet of a fish ladder unless (C) You may take coho salmon from your spring season permit within 15 the site is otherwise posted by the August 1 through October 1. The annual days of the close of the season and USDA Forest Service. You may not fish limit is 20 coho salmon per household. before receiving another permit for a from, on, or in a fish ladder. (D) You may retain other salmon Prince of Wales/Kosciusko steelhead (vii) You may not accumulate Federal taken incidentally by gear operated subsistence fishery. The permit subsistence harvest limits authorized for under terms of this permit. The conditions and systems to receive the Southeastern Alaska Area with any incidentally taken salmon must be special protection will be determined by harvest limits authorized under any reported on your permit calendar. the local Federal fisheries manager in State of Alaska fishery with the (E) Fishing nets must be checked at consultation with ADF&G. following exception: Annual or seasonal least twice each day. Federal subsistence harvest limits may (xiv) You may take coho salmon with (xviii) In addition to the requirement be accumulated with State sport fishing a Federal salmon fishing permit. There for a Federal subsistence fishing permit, harvest limits provided that is no closed season. The daily harvest the following restrictions for the harvest accumulation of harvest limits does not limit is 20 coho salmon per household. of Dolly Varden, brook trout, grayling, occur during the same day. Only dip nets, spears, gaffs, handlines, cutthroat trout, and rainbow trout apply: (viii) If you take salmon, trout, or char and rod and reel may be used. There are (A) The daily household harvest and incidentally with gear operated under specific rules to harvest any salmon on possession limit is 20 Dolly Varden; terms of a subsistence permit for other the Stikine River, and you must have a there is no closed season or size limit. salmon, they may be kept for separate Stikine River subsistence subsistence purposes. You must report salmon fishing permit to take salmon on (B) The daily household harvest and any salmon, trout, or char taken in this the Stikine River. possession limit is 20 brook trout; there manner on your subsistence fishing (xv) Unless noted on a Federal is no closed season or size limit. permit. subsistence harvest permit, there are no (C) The daily household harvest and (ix) Nets are prohibited in streams harvest limits for pink or chum salmon. possession limit is 20 grayling; there is flowing across or adjacent to the roads (xvi) Unless otherwise specified in no closed season or size limit. this paragraph (e)(13), you may take on Wrangell and Mitkof islands, and in (D) The daily household harvest limit steelhead under the terms of a streams flowing across or adjacent to the is 6 and the household possession limit subsistence fishing permit. The open road systems connected to the is 12 cutthroat or rainbow trout in community of Sitka. season is January 1 through May 31. The combination; there is no closed season (x) You may not possess subsistence- daily household harvest and possession taken and sport-taken fish of a given limit is one with an annual household or size limit. species on the same day. limit of two. You may only use a dip (E) You may only use a rod and reel. (xi) If a harvest limit is not otherwise net, gaff, handline, spear, or rod and (F) The permit conditions and listed for sockeye in this paragraph reel. The permit conditions and systems systems to receive special protection (e)(13), the harvest limit for sockeye to receive special protection will be will be determined by the local Federal salmon is the same as provided for in determined by the local Federal fisheries manager in consultation with adjacent State subsistence or personal fisheries manager in consultation with ADF&G. use fisheries. If a harvest limit is not ADF&G. established for the State subsistence or (xvii) You may take steelhead trout on (xix) There is no subsistence fishery personal use fisheries, the possession Prince of Wales and Kosciusko Islands for any salmon on the . limit is 10 sockeye and the annual under the terms of Federal subsistence (xx) The Klawock River drainage is harvest limit is 20 sockeye per fishing permits. You must obtain a closed to the use of seines and gillnets household for that stream. separate permit for the winter and during July and August. (xii) The Sarkar River system above spring seasons. (xxi) The Federal public waters in the the bridge is closed to the use of all nets (A) The winter season is December 1 Makhnati Island area, as defined in by both federally qualified and non- through the last day of February, with § 100.3(b)(5) are closed to the harvest of federally qualified users. a harvest limit of two fish per (xiii) You may take Chinook, sockeye, household; however, only one steelhead herring and herring spawn, except by and coho salmon in the mainstem of the may be harvested by a household from federally qualified users. Stikine River only under the authority a particular drainage. You may use only (xxii) Only federally qualified of a Federal subsistence fishing permit. a dip net, handline, spear, or rod and subsistence users may harvest sockeye Each Stikine River permit will be issued reel. You must return your winter salmon in Neva Lake, Neva Creek, and to a household. Only dip nets, spears, season permit within 15 days of the South Creek.

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Dated: August 6, 2019. FOR FURTHER INFORMATION CONTACT: future production.’’ The commenter Thomas C.J. Doolittle Wienke Tax, Air Planning Office (AIR– then asserts that ‘‘if economic data Acting Assistant Regional Director, U.S. Fish 2), EPA Region IX, 75 Hawthorne Street, states otherwise, Hawaii should adopt and Wildlife Service San Francisco, CA, 94105; (415) 947– new business regulations that force Dated: August 6, 2019 . 4192; [email protected]. companies to reduce emissions.’’ The Thomas Whitford SUPPLEMENTARY INFORMATION: commenter believes these ‘‘changes Subsistence Program Leader, USDA–Forest Throughout this document whenever would further improve the results of the Service. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Hawaiian report—despite the already [FR Doc. 2019–17136 Filed 8–9–19; 8:45 am] the EPA. outstanding results.’’ The commenter concludes that after this research has BILLING CODE 4333–15–P; 3411–15–P Table of Contents been conducted, the EPA should I. Background Information approve the Report due to many of the II. Public Comment outlined benefits, but that the EPA ENVIRONMENTAL PROTECTION III. Final Action should also help Hawaii adopt policies AGENCY IV. Statutory and Executive Order Reviews that reduce burning and point source 40 CFR Part 52 I. Background and Purpose pollution. Finally, the commenter asserts that global warming is a large [EPA–R09–OAR–2018–0744; FRL–9998–01– On April 11, 2019, the EPA published issue in 2019 and taking small steps to Region 9] a notice of proposed rulemaking correct the effects of this international (NPRM) proposing to approve the issue would not be harmful. Air Plan Approval; Hawaii; Regional Progress Report, submitted by the Response 1: We agree that Table 6.0– Haze Progress Report Hawaii Department of Health (DOH) on 2, entitled ‘‘Differences in Statewide October 20, 2017.1 A detailed AGENCY: Environmental Protection Anthropogenic Nitrogen Oxide discussion of the Report and the EPA’s Agency (EPA). Emissions’’ in the Hawaii Progress rationale for approving the SIP revision Report, which we reproduced in our ACTION: Final rule. is provided in the NPRM and will not proposed rulemaking as Table 5,2 SUMMARY: The Environmental Protection be restated here. indicates that there was a 27 percent Agency (EPA) is approving Hawaii’s II. Public Comment increase in nitrogen oxide (NOX) Regional Haze 5-Year Progress Report emissions from point sources between The EPA’s proposed action provided (‘‘Progress Report’’ or ‘‘Report’’), 2005 and 2011. However, we note that a 30-day public comment period that submitted on October 20, 2017, as a the same table indicates that total NOX ended on May 13, 2019. During this revision to its state implementation plan emissions from all anthropogenic period, we received five anonymous (SIP). This SIP revision addresses sources combined decreased by four comments, two of which were identical. requirements of the Clean Air Act (CAA percent over that time period. Similarly, The two identical comments and one or ‘‘Act’’) and the EPA’s rules that while there were increases in emissions additional comment expressed general require states to submit periodic reports of NOX, sulfur dioxide (SO2) and support for our proposed approval of describing the progress toward volatile organic compounds (VOC) from the Report but did not address the reasonable progress goals (RPGs) the ‘‘Other Fire/Prescribed Burning’’ specifics of our proposal and are established for regional haze and a category between 2005 and 2011, there therefore not addressed below. All five determination of adequacy of the state’s were overall decreases in anthropogenic comments are included in the docket for existing regional haze plan. The EPA is NOX and SO2 during the same period, this rulemaking. We summarize the two approving the Report on the basis that and only a small (four percent) increase more detailed comments below and it addresses the progress report and in anthropogenic VOC emissions.3 provide our responses. adequacy determination requirements In addition, as both the Progress Comment 1: The commenter states Report and our proposed rulemaking for the first implementation period for that Hawaii’s Progress Report provides regional haze. noted, the dominant visibility-impairing overwhelming evidence that Hawaii has pollutant in Hawaii’s Class I areas DATES: This rule is effective on successfully decreased human- during the first planning period was September 11, 2019. generated emissions that contribute to SO2. Therefore, the EPA’s reasonable ADDRESSES: The EPA has established a the regional haze problem. The progress analysis for Hawaii for the first docket for this action under Docket ID commenter points out that the Progress planning period focused primarily on No. EPA–R09–OAR–2018–0744. All Report also states that point source significant sources of SO2 and documents in the docket are listed on emissions have increased 27 percent concluded that NOX emissions were a the https://www.regulations.gov and that there have been significant ‘‘secondary concern’’ during that website. Although listed in the index, increases in emissions from the ‘‘Other 4 period. Thus, even if NOX emissions some information is not publicly Fire/Prescribed Burning’’ category. The were not declining in the first planning available, i.e., Confidential Business commenter believes that the EPA should period, their effect on visibility was Information (CBI) or other information compare these statistics to existing secondary compared to SO2 emissions whose disclosure is restricted by statute. economic data to examine whether during that period. Certain other material, such as these pollution increases are due to Finally, the portion of the comment copyrighted material, is not placed on higher production rates or increased about global warming is not germane to the internet and will be publicly carelessness of businesses. The the EPA’s proposed action on Hawaii’s available only in hard copy form. commenter goes on to say that if Progress Report. Publicly available docket materials are ‘‘economic data claims that there has Comment 2: The commenter asserts available at https:// been a proportional increase, then that the EPA should not approve www.regulations.gov, or please contact Hawaii should implement incentives for the person identified in the FOR FURTHER companies that reduce emissions in 2 84 FR 14634, 14638. INFORMATION CONTACT section for 3 Id. at 14638, Tables 4–6. additional availability information. 1 84 FR 14634. 4 77 FR 31692, 31707.

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