ADFG Accepting Public Comments About Proposed Southeast Alaska Commercial Fishing Regulations

The following is courtesy of the Alaska Department of Fish and Game:

The Alaska Department of Fish and Game is proposing to amend, repeal or adopt regulations in Title 5 of the Alaska Administrative Code (AAC).  The proposed changes include commercial fishing regulations in specified terminal harvest areas in southern southeast Alaska, administrative regulations of hatchery operations, regulations of aquatic plants, amphibians and invasive species.

A copy of the proposed regulations, additional notice information and maps of the terminal harvest areas have been attached in this email. 

The contents of the notice can be found on the Alaska Online Public Notice System located here:  https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=201377

The contents of the public notice is as follows:

NOTICE OF PROPOSED CHANGES IN THE COMMERCIAL FISHING REGULATIONS IN TERMINAL HARVEST AREAS IN SOUTHERN SOUTHEAST ALASKA, ADMINISTRATIVE REGULATIONS OF HATCHERY OPERATIONS AND REGULATION OF AQUATIC PLANTS, AMPHIBIANS AND INVASIVE SPECIES OF THE ALASKA DEPARTMENT OF FISH & GAME AND THE ALASKA BOARD OF FISHERIES

The Alaska Department of Fish and Game is proposing to add regulations to open a joint common property and cost recovery assessment fishery for hatchery-produced king salmon for cost recovery by the hatchery permit holder in the Neets Bay, Carroll Inlet and Anita Bay terminal harvest areas.  Additionally, changes proposed include  amending regulations administrative in nature concerning hatchery operations, including permitting and reporting requirements.   The commissioner of the Department of Fish and Game, under a delegation of authority issued by the Alaska Board of Fisheries is also proposing to adopt regulations of amphibians and classification and prohibitions of invasive species.

The commissioner of the Department of Fish and Game proposes to adopt regulation changes in Title 5 of the Alaska Administrative Code (AAC) including the following:

(1)  5 AAC 33.370. District 1: Neets Bay Hatchery Salmon Management Plan is proposed to

      be changed to open a joint common property and cost recovery assessment fishery for   

      hatchery-produced king salmon in the Neets Bay terminal harvest area open to all

      commercial fishing gear groups with dates of openings and closures to be established by   

      emergency order.

(2)  5 AAC 33.379. Carroll Inlet Terminal Harvest Area Salmon Management Plan is  

      proposed to be changed to open a joint common property and cost recovery assessment 

      fishery for hatchery-produced king salmon in the Carroll Inlet terminal harvest area open to

      all commercial fishing gear groups with dates of openings and closures to be established by   

      emergency order.

(3)  5 AAC 33.383. District 7: Anita Bay Terminal Harvest Area Salmon Management Plan    

      is proposed to be changed to open a joint common property and cost recovery assessment     

      fishery for hatchery-produced king salmon in the Anita Bay terminal harvest area open to all

      commercial fishing gear groups with dates of openings and closures to be established by   

      emergency order and to correct an outdated cross reference.

(4)  5 AAC 40.350. Public notice is proposed to be changed to revise language to more

       effectively provide notice of a planning team meeting.

(5)  5 AAC 40.840. Annual management plans is proposed to be changed to define 

      parameters required for the Annual management plans, state considerations for the

      development of the plans and add a provision to allow for actions to be taken outside of the

      management plan under emergency order authority.  Also language is proposed to be added

      requiring submission of a draft plan by April 1.

(6)  5 AAC 40.850. Notice of permit alteration is proposed to be changed to remove 

      unnecessary language and adding language defining consequence of the issuance of a Notice

      of Permit Alteration.

(7)  5 AAC 41.250. Permit conditions is proposed to be changed to add language to require that

       aquatic plants commercially or recreationally harvested be separated by harvest method.

(8)  5 AAC 93.330. Hatchery salmon use authorization is proposed to be changed to remove

      language requiring buyers and processors utilized by the hatchery operator be identified prior

      to operating, correct cross references, remove unnecessary or obsolete language and repeal

      language administrative regulations, including certain reporting and record keeping

      requirements.  

(9)  5 AAC 93.350. General authorizations for use of salmon is proposed to be changed

       regarding reporting requirements for disposal of salmon carcasses from which milt or eggs

       are extracted under a permit issued by the department and accounting procedures.

The commissioner of the Department of Fish and Game, under a delegation of authority issued by the Alaska Board of Fisheries (board) under AS 16.05.270, proposes to adopt regulation changes in Title 5 of the Alaska Administrative Code (AAC) including the following:

(1)  5 AAC 41.005. Permit required is proposed to be changed to add language to include all

       lands of the state for fish transport or aquatic resource permit requirements.

(2)  5 AAC 41.070. Prohibitions on importation and release of live fish is proposed to be

      changed to add language to include all lands of the state for the stocking or rearing

      prohibitions of live animals, including ornamental fish, update cross reference of prohibited

      species listing and to add language to cross reference prohibited amphibian species listing

      with department and federal regulations.

(3)  5 AAC 41.075. Classification of banned invasive species is proposed to be added to

       provide a comprehensive list of all banned invasive species by species group and to specify

       criteria for which the Board of Fisheries will use when making their determination of a

       banned invasive species listing.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Shellene L. Hutter, Regulations Program Coordinator, Department of Fish and Game, P.O. Box 115526, Juneau, AK 99811-5526.  Additionally, the Department of Fish and Game will accept comments by facsimile at (907) 465-2604 and by electronic mail at shellene.hutter@alaska.govComments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment linkhttps://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=201377

The comments must be received no later than 5:00 p.m. on March 14, 2021. 

You may submit written questions relevant to the proposed action to Shellene L. Hutter, Regulations Program Coordinator, Department of Fish and Game, P.O. Box 115526, Juneau, AK 99811-5526.  Additionally, the Department of Fish and Game will accept questions by facsimile at (907) 465-2604 and by electronic mail at shellene.hutter@alaska.gov

The questions must be received at least 10 days before the end of the public comment period. The Department of Fish and Game will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Shellene L. Hutter at (907) 465-6124 no later than March 8, 2021 to ensure that any necessary accommodations can be provided.

A copy of this notice of proposed regulation changes and the regulations proposed to be changed are available on the Alaska Online Public Notice System. For a copy of the proposed regulation changes contact Shellene L. Hutter, Regulations Program Coordinator at the mailing address, telephone number, or email address above or online on the department’s website at: https://adfg.alaska.gov/index.cfm?adfg=regulations.main

After the public comment period ends, the commissioner of the Department of Fish and Game will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action.  The language of the final regulations may be different from that of the proposed regulations.  You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.

Statutory Authority: AS 16.05.020; AS 16.05.050; AS 16.05.092; AS 16.05.251; AS 16.05.270; AS 16.10.400; 16.10.455; AS 16.40.100; AS 16.40.160

Statutes Being Implemented, Interpreted, or Made Specific:  AS 16.05.020; AS 16.05.050; AS 16.05.060; AS 16.05.092; AS 16.05.251; AS 16.05.831; AS 16.10.240; AS 16.10.375; AS 16.10.400; AS 16.10.443; AS 16.10.455; AS 16.40.100; AS 16.40.160

Fiscal Information:  The proposed regulation changes are not expected to require an increased appropriation.

The Department of Fish and Game keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the department’s notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Fish and Game Boards Support Section at P O Box 115526 Juneau, AK 99811, by phone at (907) 465-4110, or via our website at: https://adfg.alaska.gov/index.cfm?adfg=regulations.main

After the public comment period ends, the commissioner of the Department of Fish and Game will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action.  The language of the final regulations may be different from that of the proposed regulations.  You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.

Statutory Authority: AS 16.05.020; AS 16.05.050; AS 16.05.092; AS 16.05.251; AS 16.05.270; AS 16.10.400; 16.10.455; AS 16.40.100; AS 16.40.160

Statutes Being Implemented, Interpreted, or Made Specific:  AS 16.05.020; AS 16.05.050; AS 16.05.060; AS 16.05.092; AS 16.05.251; AS 16.05.831; AS 16.10.240; AS 16.10.375; AS 16.10.400; AS 16.10.443; AS 16.10.455; AS 16.40.100; AS 16.40.160

Fiscal Information:  The proposed regulation changes are not expected to require an increased appropriation.

The Department of Fish and Game keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the department’s notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Fish and Game Boards Support Section at P O Box 115526 Juneau, AK 99811, by phone at (907) 465-4110, or via our website at:

http://www.adfg.alaska.gov/index.cfm?adfg=fisheriesboard.main

After the public comment period ends, the commissioner of the Department of Fish and Game will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action.  The language of the final regulations may be different from that of the proposed regulations.  You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.

Statutory Authority: AS 16.05.020; AS 16.05.050; AS 16.05.092; AS 16.05.251; AS 16.05.270; AS 16.10.400; 16.10.455; AS 16.40.100; AS 16.40.160

Statutes Being Implemented, Interpreted, or Made Specific:  AS 16.05.020; AS 16.05.050; AS 16.05.060; AS 16.05.092; AS 16.05.251; AS 16.05.831; AS 16.10.240; AS 16.10.375; AS 16.10.400; AS 16.10.443; AS 16.10.455; AS 16.40.100; AS 16.40.160

Fiscal Information:  The proposed regulation changes are not expected to require an increased appropriation.

The Department of Fish and Game keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the department’s notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Fish and Game Boards Support Section at P O Box 115526 Juneau, AK 99811, by phone at (907) 465-4110, or via our website at: http://www.adfg.alaska.gov/index.cfm?adfg=fisheriesboard.main.

http://www.adfg.alaska.gov/index.cfm?adfg=fisheriesboard.main

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