OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM

Transcription

1 Byron Mallott Lieutenant Governor State Capitol Juneau, Alaska Fax TGOV.ALASKA.GOV 530 West 7th Ave, Suite 1700 Anchorage, Alaska L T.GOVERNOR@ALASKA.GOV OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM TO: FROM: DATE: RE: Kevin Messing, Department of Fish and Game Scott Meriwether, Office of the Lleutenant Governor ~ May 9, 2016 Filed Permanent Regulations: Board of Fisheries Board of Fisheries Regulations re: Harvest Llmits for Certain Subsistence and Personal Use Fisheries (5 AAC AAC ) Attorney General File: JU Regulation Filed: May 6, 2016 Effective Date: June 5, 2016 Print: 218,July 2016 cc with enclosures: Linda Miller, Department of Law Dianne Blumer, Administrative Regulation Review Committee Judy Herndon, LexisNexis

2 ORDER ADOPTING CHANGES TO REGULATIONS OF THE ALASKA BOARD OF FISHERIES The attached 18 pages of regulations, dealing with harvest limits for certain subsistence and personal use fisheries in the Norton Sound-Port Clarence Area, Yukon Area, Prince William Sound Area, including the upper Copper River drainage and upper Susitna River drainage, and the Southeastern Alaska Area, are adopted and certified to be a correct copy of the regulation changes that the commissioner of the Department of Fish and Game adopts under the authority of AS , under a delegation of authority issued by the Board of Fisheries under AS , and after compliance with the Administrative Procedure Act (AS 44.62), specifically including notice under AS and and opportunity for public comment under AS This action is not expected to require an increased appropriation. Although no public comments were received, the commissioner of the Department of Fish and Game paid special attention to the cost to private persons of the regulatory action being taken. The regulation changes adopted under this order take effect on the 30th day after they have been filed by the lieutenant governor, as provided in AS DATE: f/.ie/;b Juneau, Alaska Charles 0. Swanton, Deputy Commissioner Department of Fish and Game FILING CERTIFICATION I Byron Mallott, Lieutenant Governor for the State of Alaska, certify that on~ C:t, 20 \b at~.m., I filed the attached regulations according to the provisions of AS~ t Governor Effective: :Tu.at_ S'. d_o I (o. I Register:.218- I!v._(i ;a,c6.

3 STATE OF ALASKA DEPARTMENT OF DEPARTMENT OF FISH AND GAME P.O. BOX JUNEAU, ALASKA DELEGATION OF AUTHORITY UNDER AS , THE AUTHORITY AND RESPONSIBILITY FOR ADOPTING REGULATIONS OF THE DEPARTMENT OF FISH AND GAME UNDER THE ALASKA ADMINISTRATIVE PROCEDURE ACT ARE DELEGATED TO CHARLES 0. SW ANTON, DEPUTY COMMISSIONER. SIGNED: SAM COTTEN (Please print name) -~~~~~~~~~---, ;:>TATE OF ALASKA e O~~l;~Ai~~~L ~ NOTARY PUBLIC. I My Commission Expires W (.,(_

4 Register~' ::J LA- l' FISH AND GAME Title 5. Fish and Game. Chapter 01. Subsistence Finfish Fishery. Article 3. Norton Sound-Port Clarence Area. The section heading for 5 AAC is changed to read: 5 AAC Subsistence fishing permits; annual limits for salmon. 5 AAC is amended by adding new subsections to read: (f) In the Norton Sound District, in the following waters, the annual limits for salmon are as follows: (1) in the Nome River, the annual limit for coho salmon is 100 fish; (2) in the Snake River, the annual limit for coho salmon is 100 fish; (3) in the Solomon River, the annual limit for (A) chum salmon is 40 fish; (B) coho salmon is 20 fish. (g) In the Port Clarence District, in the following waters, the annual limits for salmon are as follows: (1) in the Pilgrim River, the annual limit for (A) king salmon is three fish; (B) sockeye salmon is 25 fish; 1

5 2016 FISH AND GAME (2) in Salmon Lake, the annual limit for sockeye salmon is 200 fish. (In effect before 1988; readopt 5/15/93, Register 126; am 6/23/99, Register 150; am 5/19/2004, Register 170; am 6/7/2007l Register 182; am~ _!i_/2016, Register.218) Authority: AS AS Article 12. Prince William Sound Area. The section heading of 5 AAC is changed to read: 5 AAC Subsistence bag, possession, and size limits; annual limits. 5 AAC is amended by adding new subsections to read: (g) The bag, possession, and annual limits for whitefish are 1,000 fish. (h) The bag and possession limit for Arctic grayling is five fish, with an annual limit of 20 fish per water body, excluding stocked lakes. A person may not take or possess Arctic grayling under sport fishing regulations and this section on the same day. (i) The bag and possession limit for lake trout is two fish, with an annual limit of I 0 fish per water body. A person may not take or possess lake trout under sport fishing regulations and this section on the same day. (j) The bag and possession limit for burbot is five fish, except in those waters specified in 5 AAC , where the bag and possession limit is two fish. The annual limit for burbot is 2

6 Register~ ' :r~ \'J 2016 FISH AND GAME 10 fish per water body. A person may not take or possess burbot under sport fishing regulations and this section on the same day. (k) The bag and possession limit for rainbow/steelhead trout is two fish, of which only one may be 20 inches or greater in length, with an annual limit of 10 fish per water body. A person may not take or possess rainbow/steelhead trout under sport fishing regulations and this section on the same day. (In effect before 1984; am 4/28/84, Register 90; am 5/23/88, Register 106; readopt 5/15/93, Register 126; am 5/24/97, Register 142; am 3/30/2000, Register 153; am 6/12/2003, Register 166; am 3/1 4/2009, Register 189; am Q_;~2 016 Register :2.t8 ) Authority: AS AS Article 14. Southeastern Alaska Area. 5 AAC ) is amended to read: G) Salmon, trout, or char taken incidentally by gear operated under the terms of a subsistence permit for salmon are legally taken and possessed for subsistence purposes, except that the possession limit for king salmon is two fish. A holder of a subsistence salmon permit must report any salmon, trout, or char taken in this manner on the permit holder's permit calendar. (In effect before 1982; am 4/14/82, Register 82; am 12/29/84, Register 92; am 6/25/89, Register 110; am/readopt 5/15/93, Register 126; am 4/14/2002, Register 162; am 7/18/2003, Register 167; am 7/13/2012, Register 203; am 711/2015, Register 214; am _;~2016, Register.218 ) 3

7 Register _dl8'._, -JV\. I ' FISH AND GAME Authority: AS AS The section heading for 5 AAC is changed to read: 5 AAC Subsistence bag and possession limits; annual limits. 5 AAC is amended by adding new subsections to read: ( e) In the Ketchikan Management Area, in waters open to subsistence salmon fishing under a household subsistence salmon fishing permit, the possession and annual limits for salmon per household are as follows: (1) sockeye salmon: the possession limit is 10 sockeye salmon, with an annual limit of 20 sockeye salmon, except as follows: (A) District 1: in the following waters, the possession limit is 12 sockeye salmon, with no annual limit: (i) Hugh Smith Lake and Sockeye Creek, combined; (ii) Naha River east of ' W. long.; (B) District 2: in the waters of the Karta River and Kasaan Bay, combined, the possession limit is 20 sockeye salmon, with no annual limit; (C) District 3: in the following waters, the following possession and annual limits apply: (i) Eek Lake, Hetta Lake Creek, and Hetta Inlet, combined: the possession limit is 20 sockeye salmon, with no annual limit; (ii) Klakas Inlet and Klakas Lake, combined: the possession limit is 20 sockeye salmon, with no annual limit; 4

8 Register ;2.18', :I 1A. \ FISH AND GAME (iii) Klawock Inlet and Klawock River, combined: the possession limit is 20 sockeye salmon, with no annual limit; (iv) Sarkar Cove and Sarkar Lake, combined: the possession limit is 20 sockeye salmon, with an annual limit of 40 sockeye salmon; (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon; (3) pink salmon: the possession limit is 150 pink salmon, with no annual limit; (4) chum salmon: the possession limit is 25 chum salmon, with no annual limit. (f) In the Petersburg-Wrangell Management Area, in waters open to subsistence salmon fishing under a household subsistence salmon fishing permit, the possession and annual limits for salmon per household are as follows: (1) sockeye salmon may not be taken for subsistence uses, except that sockeye salmon may be taken in the vicinity of Point Baker as described in 5 AAC Ol.710(f) and (c) of this section, and in the following waters, with the following possession and annual limits: (A) District 5: in Shipley Bay, the possession limit is 25 sockeye salmon, with an annual limit of 50 sockeye salmon; (B) District 6: in the following waters, the possession and annual limit is 30 sockeye salmon: (i) Red Bay; (ii) Salmon Bay; (C) District 7: in the following waters, the possession limit is 20 sockeye salmon, with an annual limit of 40 sockeye salmon: (i) Mill Creek; 5

9 2016 FISH AND GAME is 50 sockeye salmon: 40 coho salmon; lhqms (ii) ~reek; /\ (D) Section 9-B: in the following waters, the possession and annual limit (i) Alecks Creek; (ii) Bay of Pillars; (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of (3) pink salmon: the possession limit is 100 pink salmon, with no annual limit; (4) chum salmon: the possession limit is 50 chum salmon, with no annual limit. (g) In the Sitka Management Area, in waters open to subsistence salmon fishing under a household subsistence salmon fishing permit, the possession and annual limits for salmon per household are as follows: as follows: ( 1) sockeye salmon: the possession and annual limit is 10 sockeye salmon, except annual limits apply: salmon; (A) Section 9-A: in the following waters, the following possession and (i) Falls Lake: the possession and annual limit is 25 sockeye (ii) Gut Bay: the possession limit is 10 sockeye salmon, with an annual limit of 20 sockeye salmon; annual limits apply: (B) District 13: in the following waters, the following possession and 6

10 2016 FISH AND GAME (i) Ford Arm and Ford Arm Lake, combined: the possession and annual limit is 25 sockeye salmon; (ii) Hanus Bay and Lake Eva, combined: the possession and annual limit is 50 sockeye salmon; salmon; Cove., Hokt.,.hu." C.r...o:.K, ~,.,J Hoktc..he..,._,., L.=iK"-, c.a,.,,,,j.a'"ed (iii) Hoktaheen: the possession and annual limit is 50 sockeye J\ (iv) Klag Bay and Camp Lake, combined: the possession and annual limit is 50 sockeye salmon; salmon; (v) Lake Anna: the possession and annual limit is 25 sockeye (vi) Necker Bay and Benzeman Lake, combined: the possession limit is 100 sockeye salmon, with no annual limit; (vii) Redfish Bay and Tumakof Lake, combined: the possession limit is 50 sockeye salmon, with an annual limit of 100 sockeye salmon; (viii) Redoubt Bay and Redoubt Lake, combined: the possession and annual limits are as specified in 5 AAC Ol.760(b) and (d); (ix) Sitkoh Bay and Sitkoh Lake, combined: the possession and annual limit is 50 sockeye salmon; (x) Surge Bay and Surge Lake, combined: the possession and annual limit is 50 sockeye salmon; (xi) Whale Bay and Politofski Lake, combined: the possession and annual limit is 50 sockeye salmon; 7

11 Register Al[_, JIA ~ 2016 FISH AND GAME (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon; (3) pink salmon: the possession limit is 100 pink salmon, with no annual limit; (4) chum salmon: the possession limit is 50 chum salmon, with no annual limit. (h) In the Juneau Management Area, in waters open to subsistence salmon fishing under a household subsistence salmon fishing permit, the possession and annual limits for salmon per household are as follows: (1) sockeye salmon may not be taken for subsistence uses, except that in the following waters sockeye salmon may be taken with the following possession and annual limits: (A) District 12: in the following waters, the following possession and annual limits apply: (i) Basket Bay: the possession limit is 15 sockeye salmon, with an annual limit of 30 sockeye salmon; (ii) Hasselborg River and Salt Lake, combined: the possession and annual limit is 50 sockeye salmon; (iii) Kanalku Bay: the possession and annual limit is 20 sockeye salmon; (B) District 14: in the following waters, the following possession and annual limits apply: (i) Berg Bay: the possession and annual limit is 25 sockeye salmon; (ii) Neva Creek: the possession and annual limit is 10 sockeye salmon; 8

12 2016 FISH AND GAME (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon, except that in Hasselborg River and Salt Lake, combined, the possession and annual limit is 20 coho salmon; (3) pink salmon: the possession limit is 150 pink salmon, with no annual limit; ( 4) chum salmon: the possession limit is 50 chum salmon, with no annual limit. (i) In the Haines Management Area, salmon may not be taken for subsistence uses, except that in the Chilkat River, Chilkat Inlet, Lutak Inlet, and Chilkoot River, combined, salmon may be taken for subsistence uses under a household subsistence salmon fishing permit with the following possession and annual limits per household: (1) sockeye salmon: the possession limit is 25 sockeye salmon, with an annual limit of 50 sockeye salmon; (2) coho salmon: the possession limit is 20 coho salmon, with an annual limit of 40 coho salmon; (3) pink and chum salmon, combined: the possession limit is 75 pink and chum salmon, combined, with an annual limit of 100 pink and chum salmon, combined. (j) For the purposes of this section, the (1) Ketchikan Management Area consists of the waters of the Southeastern Alaska Area in Districts 1-4; (2) Petersburg-Wrangell Management Area consists of the waters of the Southeastern Alaska Area in Districts 5-8, Section 9-B, and District 1 O; (3) Sitka Management Area consists of the waters of the Southeastern Alaska Area in Section 9-A, District 12 south of the latitude of Point Hayes and west of a line midway 9

13 Register.2l8, J\A..l"f 2016 FISH AND GAME between the shoreline of Admiralty Island and the shorelines of Chichagof Island, Baranof Island, and Catherine Island, and District 13; (4) Juneau Management Area consists of the waters of the Southeastern Alaska Area in Districts 11, 12, 14, and 16, except for those waters of District 12 described in (3) of this subsection; (5) Haines Management Area consists of the waters of the Southeastern Alaska Area in District 15. (In effect before 1988; am 5/23/88, Register 106; am 6/25/89, Register 11 O; readopt 5/15/93, Register 126; am 6/19/97, Register 142; am 6/3/2000, Register 154; am _f_;~/2016, Register :218') Authority: AS AS AAC Ol.760(b)(3) is amended to read: (3) unless otherwise provided in ( d) of this section, the possession limit is 10 sockeye salmon per [PERSON OR] household, and the annual limit is 50 sockeye salmon per [PERSON OR] household. 5 AAC (d)(2)(B)(i) is amended to read: (i) reduce the possession limit for the subsistence sockeye salmon fishery to five sockeye salmon per [PERSON OR] household and reduce the annual limit to 25 salmon per [PERSON OR] household; or 10

14 Register 21.B._, ;JI.Ali 2016 FISH AND GAME 5 AAC (d)(3) is amended to read: (3) when the projected total escapement level of sockeye salmon is greater than 20,000 but not more than 30,000 fish, the commissioner shall establish for the subsistence salmon fishery, a possession limit of 25 salmon per [PERSON OR] household, and an annual limit of 50 salmon per [PERSON OR] household; 5 AAC (d)(4)(A) is amended to read: (A) for the subsistence salmon fishery, a possession limit of 25 salmon per [PERSON OR] household, and an annual limit of 100 salmon per [PERSON OR] household; 5 AAC (e)(l) is amended to read: (1) a community harvest permit shall list all [PERSONS AND] households for whom the designated community harvester is fishing; 5 AAC (e)(2) is amended to read: (2) the designated community harvester must have in the harvester's possession! household [AN INDIVIDUAL] subsistence harvest permit for each [PERSON OR MEMBER OF A] household that is listed on the community harvest permit; 11

15 Register~' ::J l.a.~' FISH AND GAME 5 AAC Ol.760(e)(3) is amended to read: (3) under a community harvest permit, the total harvest may not exceed the combined harvest [AND BAG] limits of the households [PERSONS] listed on the community harvest permit or a [DAILY BAG AND] possession limit of 500 fish, whichever is less; 5 AAC Ol.760(e)(4) is amended to read: (4) a person qualified to obtain a subsistence salmon fishing household permit in the Redoubt Bay fishery may designate only one community harvester at a time to harvest fish on behalf of that household [PERSON]; 5 AAC Ol.760(e)(5) is amended to read: (5) a designated community harvester must record on each household [INDIVIDUAL] subsistence permit, the number of fish harvested for the household to which the household [PERSON THAT THE INDIVIDUAL] permit was issued; the amount may not exceed the possession limit [DAILY BAG AND POSSESSION LIMITS] of the household to which the [PERSON THAT THE INDIVIDUAL] permit was issued; and A\ (Eff. 7/18/2003, Register 167; am 7/26/2003, Register 167; am~~2016, Register.;;;lt8) Authority: AS AS AS AS

16 Register~' J"'" \' FISH AND GAME Chapter 33. Southeastern Alaska Area. Article 3. Salmon Fishery. 5 AAC (c)(3) is amended to read: (3) provide the personal use fishery priority over the commercial harvest; although the personal use fishery has historically taken only five percent of the returning harvest, it may exceed five percent over time; in the waters described in (a) of this section that are open to personal use coho salmon fishing under a personal use salmon fishing permit issued ~-::----=7::::..._--.. c.o ho under 5 AAC , the possession and annual limit(fui coho salmon)is 25Safiiion;!\ (Eff. 6/28/97, Register 142; am 7/26/2003, Register 167; em am 4/13/2005-8/10/2005, Register 174; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am L! _:: :_/2016, Register Authority: AS AS Chapter 77. Personal Use Fishery. Article 4. Yukon Area. 13

17 Register~' (J)A k/ 2016 FISH AND GAME 5 AAC is amended by adding a new subsection to read: (c) In the Chatanika River, the annual limit for whitefish is 10 fish. (Eff. 7/26/90, Register 115; am 6/17/98, Register 146; am 6117/2001, Register 158; am 6/7/2007, Register 182; am 6/21/2007, Register 182; am~/.5 /2016, Register :J.18 ) Authority: AS Article 14. Southeastern Alaska Area. 5 AAC (1) is amended to read: bag and possession limits; (1) except as provided in (7) of this section, there is no closed season and no 5 AAC (7) is amended to read: (7) in the waters described in 5 AAC as Section 11-A, (A) spot shrimp may be taken with pots and ring nets only under the authority of a permit issued under 5 AAC ; only one permit may be issued to a household each year; 14

18 Register ~' Jv\. ll 2016 FISH AND GAME the department.i.!fil a permit holder shall record harvest information on forms provided by (C) the bag and possession limit for spot shrimp is one gallon of seot shrimp, whether whole or de-headed. (Eff. 7 /1/86, Register 99; am 6/25/89, Register 11 O; am 4/1194, Register 129; am 9/28/97, Register 143; am 5/8/98, Register 146; am 6/3/2000, Register 154; am 7/18/2003, Register 167; am 8/8/2003, Register 167; am 5/26/2006, Register 178; am 5/9/2015, Register 214; am _i_; _: _;2016, Register.21 8 ) Authority: AS AAC is amended by addingefnew subsectiort'to read: I\ (k) In the Ketchikan Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal harvest area under 5 AAC 33 or 5 AAC , the possession and annual limits for salmon per household are as follows: ( 1) sockeye salmon: the possession limit is 10 sockeye salmon, with an annual limit of 20 sockeye salmon, except as follows: (A) District 1: in McDonald Lake, near Yes Bay, the possession and annual limit is 30 sockeye salmon; 15

19 Register 25_, J""'li 2016 FISH AND GAME (B) District 2: in the following waters, the possession limit is 12 sockeye salmon, with an annual limit of 50 sockeye salmon: (i) Kegan River; (ii) Thorne River; (2) pink salmon: the possession limit is 150 pink salmon, with no annual limit; (3) chum salmon: the possession limit is 25 chum salmon, with no annual limit. (l) In the Petersburg-Wrangell Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal harvest area under 5 AAC 33 or 5 AAC , the possession and annual limits for salmon per household are as follows: (1) sockeye salmon may not be taken for personal use, except that in District 6, in Hatchery Creek, sockeye salmon may be taken with a possession limit of six sockeye salmon and an annual limit of 18 sockeye salmon; (2) pink salmon: the possession limit is 100 pink salmon, with no annual limit; (3) chum salmon: the possession limit is 50 chum salmon, with no annual limit. (m) In the Sitka Management Area, sockeye salmon may not be taken for personal use, except that in Takanis Bay and Takanis Lake, combined, sockeye salmon may be taken under a household personal use salmon fishing permit with a possession ~nd annual limit of 50 sockeye salmon per household. (n) In the Juneau Management Area, in waters open to personal use salmon fishing under a household personal use salmon fishing permit, and unless otherwise specified in a terminal 16

20 2016 FISH AND GAME harvest area under 5 AAC 33 or 5 AAC , the possession and annual limits for salmon per household are as follows: (1) sockeye salmon: sockeye salmon may not be taken for personal use, except that in the following waters sockeye salmon may be taken with the following possession and annual limits: (A) Sweetheart Creek: the possession limit is 25 sockeye salmon, with no annual limit; (B) Taku River drainage: the possession and annual limit are as specified in (f) of this section; (2) pink salmon: the possession limit is 150 pink salmon, with no annual limit; (3) chum salmon: the possession limit is 50 chum salmon, with no annual limit. ( o) In the Haines Management Area, salmon may not be taken for personal use, except that in the Taiya River, pink and chum salmon may be taken under a household personal use salmon fishing permit with a possession limit of 10 pink and chum salmon, combined, with an annual limit of 20 pink and chum salmon, combined, per household. (p) For the purposes of this section, the (1) Ketchikan Management Area consists of the waters of the Southeastern Alaska Area in Districts 1-4; (2) Petersburg-Wrangell Management Area consists of the waters of the Southeastern Alaska Area in Districts 5-8, Section 9-B, and District 1 O; (3) Sitka Management Area consists of the waters of the Southeastern Alaska Area in Section 9-A, District 12 south of the latitude of Point Hayes and west of a line midway 17

21 Register.;2l8',, IV\.L_J 2016 FISH AND GAME between the shoreline of Admiralty Island and the shorelines of Chichagof Island, Baranof Island, and Catherine Island, and District 13; (4) Juneau Management Area consists of the waters of the Southeastern Alaska Area in Districts 11, 12, 14, and 16, except for those waters of District 12 described in (3) of this subsection; (5) Haines Management Area consists of the waters of the Southeastern Alaska Area in District 15. (Eff. 6/25/89, Register 110; am 5/29/93, Register 126; am 4/1/94, Register 129; am 12/1/2004, Register 172; am 5/31/2009, Register 190; am , Register 203; am 7/1/2015, Register 214; am _f_; _!j_;2016, Register :ll '8) Authority: AS

22 MEMORANDUM State of Alaska Department of Law To: From: The Honorable Byron Mallott Lieutenant Governor (hand delivery) Susan R. PollarG{5.ff d)aj. Chief Assistant Attorney General and Regulations Attorney Legislation and Regulations Section Date: May 6, 2016 File No.: JU Tel. No.: Re: Board of Fisheries Regulations re: Harvest Limits for Certain Subsistence and Personal Use Fisheries (5 AAC AAC ) We have reviewed the attached regulations from the Board of Fisheries against the statutory standards of the Administrative Procedure Act. The regulation changes were adopted by the commissioner of fish and game under a delegation of authority issued by the Board of Fisheries under AS The regulations concern the bag, possession, and annual limits for certain subsistence and personal use fisheries. We find no legal- problems. This memorandum constitutes the written statement of approval under AS (b) and (c) that authorizes your office to file the attached regulations. The March 19, 2016 public notice and the April 28, 2016 adoption order both state that this action is not expected to require an increased appropriation. Therefore, a fiscal note under AS is not required. We have made some technical corrections to conform the regulations in accordance with AS The corrections are shown on the attached copy of the regulations. SRP:ljm cc w/enc: (via ) Honorable Sam Cotten, Commissioner Department of Fish and Game

23 MEMORANDUM State of Alaska Department of Law To: From: Honorable Sam Cotten Commissioner Department of Fish and Game (via ) Susan R. Pollardc:_J.i{~\wJA Chief Assistant Attorney General and Regulations Attorney Legislation and Regulations Section Date: May 6, 2016 FileNo.: JU Tel. No.: Re: Board of Fisheries Regulations re: Harvest Limits for Certain Subsistence and Personal Use Fisheries (5 AAC AAC ) Under AS , we have reviewed the attached regulation changes by the Board of Fisheries against the statutory standards of the Administrative Procedure Act and approve the changes for filing by the lieutenant governor. These regulation changes were adopted by the commission of fish and game under a delegation of authority issued by the Board of Fisheries under AS You might wish to contact the lieutenant governor's office to confirm the filing date and effective date of the attached regulation changes. The March 19, 2016 public notice and the April 28, 2016 adoption order both state that this action is not expected to require an increased appropriation. Therefore, a fiscal note under AS is not required. We have made some technical corrections to the regulations in accordance with AS , as shown on the attached copy. SRP:ljm cc w/enc: (via ) Kevin J. Messing, Fishery Regulations Program Coordinator AAC Contact Department of Fish and Game Glenn Haight, Executive Director Board of Fisheries Department of Fish and Game Scott Kelley, Director Division of Commercial Fisheries Department of Fish and Game Forrest Bowers, Deputy Director Division of Commercial Fisheries Department of Fish and Game Tom Taube, Deputy Director Division of Sport Fish Department of Fish and Game Lisa Olson, Deputy Director Division of Subsistence Department of Fish and Game Enforcement Commander Division of Wildlife Troopers Department of Public Safety Seth Beausang, Assistant Attorney General Natural Resources Section

24 NOTICE OF PROPOSED CHANGES IN CERTAIN SUBSISTENCE AND PERSONAL USE FISHERY HARVEST LIMIT REGULATIONS OF THE ALASKA BOARD OF FISHERIES The commissioner of the Department of Fish and Game, under a delegation of authority issued by the Alaska Board of Fisheries (board) under AS , proposes to adopt regulation changes in Title 5 of the Alaska Administrative Code (AAC), related to harvest limits for certain subsistence and personal use fisheries in the Norton Sound - Port Clarence Area, Yukon Area, Prince William Sound Area, including the upper Copper River drainage and upper Susitna River drainage, and the Southeastern Alaska Area, including the following: (1) 5 AAC Subsistence fishing permits is proposed to be changed to establish annual limits for salmon taken under a subsistence salmon fishing permit in the Norton Sound District and Port Clarence District of the Norton Sound - Port Clarence Area, which have previously been established under a subsistence salmon fishing permit. (2) 5 AAC Subsistence bag, possession, and size limits is proposed to be changed to establish bag, possession, and annual limits for fresh water finfish species taken under a subsistence fishing permit in the Prince William Sound Area, including the upper Copper River and upper Susitna River, which have previously been established under a subsistence fishing permit. (3) 5 AAC Subsistence fishing permits is proposed to be changed to clarify that in the Southeastern Alaska Area there is a possession limit of two king salmon taken incidentally in a subsistence fishery for other finfish species, which has previously been established under a subsistence fishing permit. (4) 5 AAC Subsistence bag and possession limit; annual limits is proposed to be changed to establish bag, possession, and annual limits for salmon taken under a subsistence salmon fishing permit in the Southeastern Alaska Area, which have previously been established under a subsistence salmon fishing permit. (5) 5 AAC District 6: Wrangell Narrows - Blind Slough Terminal Harvest Area Salmon Management Plan is proposed to be changed to establish the possession and annual limit for coho salmon taken under a personal use salmon fishing permit in the Wrangell Narrows - Blind Slough Terminal Harvest Area, which has previously been established under a personal use salmon fishing permit. (6) 5 AAC Personal use whitefish and sucker fishery is proposed to be changed to establish the annual limit for whitefish taken under a personal use fishing permit in the Chatanika River in the Yukon Area, which has previously been established under a personal use fishing permit. (7) 5 AAC Personal use shrimp fishery is proposed to be changed to establish the personal use bag and possession limit for spot shrimp in Section 11-A of the Southeastern Alaska Area. (8) 5 AAC Personal use salmon fishery is proposed to be changed to establish bag, possession, and annual limits for salmon taken under a personal use salmon fishing permit in the Southeastern Alaska Area, which have previously been established under a subsistence salmon fishing permit.

25 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 Kevin J. Messing, Fishery Regulations Program Coordinator, Department of Fish and Game, P.O. Box ; Juneau, AK Additionally, the Department of Fish and Game will accept comments by facsimile at (907) and by electronic mail at The comments must be received no later than 5:00 p.m. on April 19, If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Kevin J. Messing at (907) no later than April 12, 2016 to ensure that any necessary accommodations can be provided. For a copy of the proposed regulation changes, contact Kevin J. Messing, Fishery Regulations Program Coordinator at the mailing address, telephone number, or address above or go online on the board's website at The document marked as RC 35 from the Board of Fisheries January 12-16, 2016 meeting for ArcticNukon/Kuskokwim finfish, which contains the department's summary and limit justification for each limit in the proposed regulation changes and finding and delegation from the board, can also be found on the board's website. 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. Statutory Authority: AS ; AS Statutes Being Implemented, Interpreted, or Made Specific: AS Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation. DATE: 3/18/16 LJJi~ W--- Glenn Haight, Executive Director Alaska Board of Fisheries Department of Fish and Game

26 ADDITIONAL REGULATIONS NOTICE INFORMATION (AS (g)) 1. Adopting agency: Alaska Board of Fisheries 2. General subject ofregulation: Harvest Limits in Certain Subsistence and Personal Use Fisheries 3. Citation ofregulation (may be grouped): 5 AAC 01; 5 AAC 33; and 5 AAC Department of Law file number, if any: JU Reason for the proposed action: ( ) Compliance with federal law ( ) Compliance with new or changed state statute (X) Compliance with court order ( ) Development of program standards ( ) Other (please list): 6. Appropriation/Allocation: Natural Resources/Commercial Fisheries 7. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2016 or in subsequent years. 8. The name of the contact person for the regulations: Name: Kevin J. Messing Title: Fishery Regulations Program Coordinator Address: P.O. Box Juneau, AK Telephone: (907) address: kevin.messing@alaska.gov 9. The origin of the proposed action: Staff of state agency 10. Date: 03/18/16 Prepared by: -~~,_ Name: Title:, },_ t:=\, Kevin J. Mess, g Fishery Regulations Program Coordinator Department of Fish and Game Telephone: (907)

27 AFFIDAVIT OF NOTICE OF PROPOSED ADOPTION OF REGULATIONS AND FURNISHING OF ADDITIONAL INFORMATION I, Glenn Haight, Executive Director of the Alaska Board of Fisheries, being sworn, state the following: As required by AS , notice of the proposed adoption of changes to 5 AAC dealing with harvest limits for certain subsistence and personal use fisheries in the Norton Sound-Port Clarence Area, Yukon Area, Prince William Sound Area, including the upper Copper River drainage and upper Susitna River drainage, and the Southeastern Alaska Area has been given by being (1) published in a newspaper or trade publication; (2) furnished to interested persons; (3) furnished to appropriate state officials; ( 4) furnished to the Department of Law, along with a copy of the proposed regulations; (5) electronically transmitted to incumbent State of Alaska legislators; (6) furnished to the Legislative Affairs Agency, Legislative Legal and Research Services; (7) posted on the Alaska Online Public Notice System as required by AS (a)(l) and (b) and (a)(l). As required by AS (g), additional regulations notice information regarding the proposed adoption of the regulation changes described above has been furnished to interested persons and those in ( 5) and ( 6) of the list above. The additional regulations notice information also has been posted on the Alaska Online Public Notice System. DATE:?v1~ f 2ol~ Junea'\{ Alaska Glenn Haight, Executiv Alaska Board of Fisheries SUBSCRIBED AND SWORN TO before me this 4th day of _(Y/_ l.. _':!J fb. Notary Public SHANNON J. MOESER. St1te of Al11ka My Commission Expirn With Office Jikp~~/.~ Notary Public inanlfofthe State of Alaska My commission expires: uj-/a al/:c.e.

28 AFFIDAVIT OF AGENCY RECORD OF PUBLIC COMMENT I, Kevin J. Messing, Regulations Program Coordinator, of the Department of Fish and Game, being duly sworn, state the following: The Department of Fish and Game did not receive any factual or other substantive information that was submitted in writing as public comment and that was relevant to the accuracy, coverage, or other aspect of the Alaska Board of Fisheries regulations on harvest limits for certain subsistence and personal use fisheries in the Norton Sound-Port Clarence Area, Yukon Area, Prince William Sound Area, including the upper Copper River drainage and upper Susitna River drainage, and the Southeastern Alaska Area. Date: April 28, 2016 Juneau, Alaska Kevin J. Mess n Regulations Progr m Coordinator Alaska Depart e t of Fish and Game SUBSCRIBED AND SWORN TO before me this 2 t) day of A.pc\ \ ' 20ll, STATE OF ALASKAe., OFFICIAL SEAL.';. ::: -:.:;;,.. Teri Kuza kin,. '.. NOTARY PUBLIC ' My Commission Expires With Office Notary Public in an State of Alaska My commission expires: W J o-r±; Cf (

29 $ AFFIDAVIT OF PUBLICATION STATE OF ALASKA THIRD JUDICIAL DISTRICT Emma Dunlap being first duly sworn on oath deposes and says that he/she is a representative of the Alaska Dispatch News, a daily newspaper. That said newspaper has been approved by the Third Judicial Court, Anchorage, Alaska, and it now and has been published in the English language continually as a daily newspaper in Anchorage, Alaska, and it is now and during all said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a copy of an advertisement as it was published in regular issues (and not in supplemental form) of said newspaper on March 19, 2016 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is not in excess of the rate charged private individuals. Signed NOTICE OF PROPOSED CHANGES IN CERTAIN SUBSISTENCE AND PERSONAL USE FISHERY HARVEST LIMIT REGULATIONS OF THE ALASKA BOARD OF FISHERIES I The commissioner of tile Department of.fish and Game. under a delegatiqn of authority Issued by tm ~raska B.oard of Fisheries (board) under AS 16'05.270, l'iroposes to adopt regulatlqn changes Jn Title s of \:he Al~sf(a Administrative cage (AAC), related to harvest limits for certall'j sl1bslstence and personal use fisnerles In the Norton sou11ttl - Po_rt Clarence Al'ea, Yu~on ArE:a, Prince '(Vllllam Sound Area 1 Including the upper copper River drainage and upper su~ltnet River d~11 nage, ano the southeastern Alaska Area, lnclo<;llng th~foflowlng: (1) (2) (3) (4) I (5) (6) (7 5 AAC 01.1ao. subsistence flstitnr pennjts Is proposed to be changed to establish annual ffmltstor salmon taj<en under a subsistence salmon fishing permit 1'1 the Norton sound Dlstffct and Port Clarence District c!f the Norton Solind - Port 1aren&e Area, which have previously been established under a subsistence salmon fishing permit.. 5 AAC Subsistence ba& posse11lon, and size limits Is proposed to be ohanged' to ~stablish bag, prassesslon, and annµal limits for fresh water flnfrsh species taken uhder a supslstence flslil11g permit In the Prlnce William sound Area, lnclt1djng the upper Copper Rivet and upper Sll~!tna Rfver. _which nave prev101:1sly been establlshed under a subsistence fishing permit. s AAC subsistence flshl"g pennftl Is proposed to be changed to clarlfv that.in the s_eljttleastern Alaska Area there Is a possesslpn limit of two!<lhg salmon taken lnbjdent11lly 111 a subsistence fishery for othe( flnflsh specjes, which has prevrously been established under ti sups!s~11ce flshlhg pern:ill s AAC S&Mbs1n,n~e bag ~nd posae.sslon llmlt annual llmlts Is proposed to!:le changett to establjsh bag. possesston, and annual limits for salmon taken unaer a subsistence salmori fishing permit 111 the S$Lltli1eastern Alaska Area! whtch l1ave previously been establlshed uncler a subs stence salmon fishing permit 5 AAC District 6: Wrangell Nan'OWS - Bllnd Slough Terminal Hanrest Area Salmon Management Plan is pro!jo~ed 'to be el'langed to establish fhe possession and annual Uh11t for coho salmon taken under a personal use salmon fishing permit In the Wrangell Narrows - Blind Slough Termlnal Harvest Areti, Whleh has prevlously been established under a personal use salh1on flsh!n.g permit. s AAC n.190. Personal use whitefish 41nd sucker fishery Is arbpoiij!d to be changed to establisb the annual.. '--... h11. n~ tal<en:under a personal use fl~l'l\ng permit In '"" ha<: nrevtouslv Subscribed and sworn to before me this 21st day of March, u.twcl [Jhrrvn osm, Notary Pub~ ;.nd for / The State of Alaska. Third Division Anchorage, Alaska MY COMMISSION EXPIRES 1.. 1' :"> L State of Alaska My Commission Expires Feb 2~l. 2019