OFFICE OF THE LIEUTENANT GOVERNOR ALASKA M EM ORANDUM

Transcription

1 Mead Treadwell Lieutenant Governor State Capitol Juncau. Alaska Fax West th Ave. Suite 1700 Anchorage, Alaska OFFICE OF THE LIEUTENANT GOVERNOR ALASKA M EM ORANDUM TO: FROM: DATE: RE: Ke'\Tin rvlessing, AAC Conmct Department of Fish and Game Scott Mcriwcther Special Assistant August 28, 2014 Filed E mergency Regu lations: Department of Fish and Game Department of Fish and Game waterfowl: 5 MC Attorney General File: Regulation Filcd: Effective Da te: Print: Emergency Rcgulations 8/27/2014 8/31/ 2014, expiies 12/28/20"l4 unless made permanent by the adopting agenc)/. 21 1, October 2014 cc with enclosures: Linda iveller, Deparrment of Law Crys tal Koeneman, Administrative Rcgulacion Revicw Committce Judy Herndon, LexisNexis

2 FINDING OF EMERGENCY The Alaska Department of Fish and Game finds that an emergency exists and that the attached regulations are necessary for the immediate preservation of the public peace, health, safety, or general welfare. The facts constituting the emergency include the following: Per recommendations from the Alaska Department of Fish and Game, and Flyway Councils, and the proposed rule of the u.s. Fish and Wildlife Service, the regulatory framework for "Dark Geese" is split into separate frameworks for Canada/cackling geese and White-fronted geese. The population of white-fronted geese has been increasing over the last 30 years, greatly exceeds the population objective in the Pacific Flyway Management Plan, and has led to increased complaints of agricultural damage on wintering and staging areas. Separate Canada goose and white-fronted goose regulations will allow additional harvest of white-fronted geese while maintaining traditional Canada goose hunting opportunities. For Canada/cackling geese, the basic framework for season dates, outside dates, zones, and daily bag and possession limits and modified frameworks for daily bag/possession limits in Units 9, 10, 17, and 18 remains the same as it was under "Dark Geese." For White-fronted geese the basic framework for season dates, outside dates, zones, and daily bag and possession limits remains the same as it was under "Dark Geese." In Unit 18, in western Alaska, White-fronted geese daily bag and possession limits are increased to 8 daily, 24 in possession. A registration permit and having your geese checked is no longer required to hunt Canada/cackling geese in Units 6B, 6C, and on Hinchinbrook and Hawkins Islands in Unit 6D, beginning with the season. The attached emergency regulations implement these changes. The Board of Game is not scheduled to meet until January 2015 and is unable to meet requirements for public notice and implementation of these changes prior to the opening of the migratory bird seasons on September 1. Therefore, this emergency regulation amendment is necessary to provide for increased harvest of white-fronted geese as part of a cooperative Flyway effort to reduce agricultural damage and economic loss while simultaneously benefitting hunters in Alaska. ADOPTION ORDER Under the authority of AS , AS , and under a delegation of authority from the Board of Game under AS , the attached 10 pages of regulation changes are therefore adopted as emergency regulations to take effect August 31, 2014 as provided in AS (3). Emergency Regulations for hunting seasons & bag limits for Dark Geese (5 AAC (a) (4)) Page /12

3 This action is not expected to require an increased appropriation. DATE: P4t(fuS+ 20 i 2011 uneau, Alaska Cora Campbe I, CommiSSIOner Alaska Department of Fish and Game FILING CERTIFICATION I, Mead Treadwell, Lieutenant Governor for the State of Alaska, certify that on ~~,:21, 2014, at.;2..: 23 p.. m., I filed the attached regulations according to the, provisions of AS Lieutenant Governor #f, Effective: Register: AfA1'" sf 3 { 7 '20(1/ ;l!\/ O,,+00(r?"Oly Emergency Regulations f or hunting seasons & bag limits/or Dark Geese (5 AAC (a)(4)) Page 212

4 ... "*' ". #89-45-GB Page 1 of 2 ALASKA BOARD OF GAME DELEGATION OF AUTHORITY TO ADOPT WATERFOWL REGULATIONS,.- "... The Board of Game ("board") makes the following findinqs: 1. The board normally holds only two regulatory meetings each year. 2. The board attempts to meet only in March and November thereby minimizing the difficulty in obtaining the attendance of all members and the interested public. 3. Proposed Federal framework regulations for migratory bird hunting are not published until July. Therefore I developments regarding waterfowl resources necessitating regulatory action often occur when the board is not in session. 4. The emergency powers of the Commissioner of Fish and Game set forth in AS may not be sufficiently comprehensive or expeditious to permit necessary regulatory action before the September 1 opening of migratory bird seasons. 5. If the emergency powers of the commissioner are not sufficient, and the board itself cannot act, the state may be without any authority to adopt necessary regulatory measures required for compliance with F~deral regulations. 6. The board has avoided this problem in the past by making standing delegations of authority to the commissioner to adopt emergency regulations. These delegations have existed since the 1960's. THEREFORE,THE BOARD RESOLVES that it hereby makes the following delegation of its rulemakinq authority under AS a~4... AS 16~ b5.25a to the commissioner to be carried out under AS : A. The commissioner may adopt, in accordance with the Administrative Procedure Act (AS 44.62), waterfowl regulations. -_.. _--._..---_. -'" ",,_ _.._

5 B. c. D. E. #B9-45-GB Page 2 of 2 To the fullest extent practicable, any regulations adopted shall be consistent with all expressions of current board intent. To the extent it 'is possible within the time available to act, the commissioner shall attempt to obtain the views of the members of the board before adopting such regulations under this delegation if the matter involves a major policy decision. Waterfowl regulations adopted under this delegation may be made permanent in accordance with the Administrative Procedure Act (AS 44.62). This delegation shall remain in effect until revoked by the board. -'" r' ). -",,' Dated :_ Cfj_2.~l ;;1--1_1 He1nrich sprj.ng Alaska Board of At: Anchorage, Alaska vote: 5-0 (Nageak and Jackson absent) (,., , ~ _ ~ - --._. _._.. " -..._ _

6 FOR DELEGATION OF THE LIEUTENANT GOVERNOR'S AUTHORITY I, MEAD TREADWELL, LIEUTENANT GOVERNOR OF THE STATE OF ALASKA, designate the following state employee to perform the Administrative Procedures Act filing functions of the Office of the Lieutenant Governor: Barbara Propes, CHIEF OF STAFF IN TESTIMONY WHEREOF, I have signed and affixed the Seal of the State of Alaska, in Anchorage, on July _2-~_ MEAD TREADWELL LIEUTENANT GOVERNOR

7 EMERGENCY REGULATION Register~, odu~ FISH AND GAME Title 5. Fish and Game. Part 3. Game. Chapter 85. Hunting Seasons and Bag Limits. Article 2. Seasons and Bag Limits. 5 AAC Hunting seasons and bag limits for small game. 5 AAC (a)(4) is repealed and readopted to read: Units and Bag Limits (4) Migratory game birds Resident Open Season (Subsistence and General Hunts) N onresiden t Open Season (except by falcomy) I (A) Ducks (except sea ducks)] Units I per day, 21 in possession; however no more than I per day, 3 in possession may be canvasbacks Units 5-7, 9, 10, (Unimak Is. only), and Sept Dec. 3 I Sept Dec. 31

8 EMERGENCY REGULATION Register 2:!L,De-iobv-" 2014 FISH AND GAME 8 per day, 24 in possession however no more than I per day, 3 in possession may be canvasbacks Units 8 and 10 (except Unimak Is.) 7 per day, 21 in possession; however no more than I per day, 3.. In possession may be canvasbacks Units II - 13 and per day, 30 in possession; however no more than I per day, 3.. In possession may be canvasbacks (8) Sea Ducks (except Spectacled and Steller's eiders)) Units I - 4 RESIDENT HUNTERS: 10 per day, 20 in possession, of which no more than 6 per day, 12 in possession may be harlequin ducks and no more than 6 per day, 12 in possession may be long-tailed ducks Sept Dec. 31 NONRESIDENT HUNTERS: 7 per day, 20 in possession; however, no more than 4 each of any sea duck species may be Sept Dec. 31 2

9 EMERGENCY REG ULATION Regi s ter~, CJ,;k\'lf 2014 FISH AND GAME taken per season; and no more than 20 sea ducks of all species may be taken per season Units 5-7, 9, 10 (Unimak Is. only), 14, remainder of 15, and 16 RESIDENT HUNTERS: 10 per day, 20 in possession, including no more than 6 each per day, 12 in possession of either harlequin or long - tailed ducks NONRESIDENT HUNTERS: 8 per day, 20 in possession; however, no more than 4 each of any sea duck species may be taken per season; and no more than 20 sea ducks of all species may be taken per season Unit IS(C), that pot1ion in Kachemak Bay east of a line from Point Pogibshi to Anchor Point RESIDENT HUNTERS: 10 per day, 20 in possession, of which no more than 2 per day, 4 in possession, may be harlequin ducks, no more than 2 per day, 4 in possession may be long-tailed ducks, and no more than I per day, 2 in possession may be an eider 3

10 EMERGENCY REGULATION Register~, oc-hker 2014 FISH AND GAME NONRES ID ENT HUNTERS: 8 per day, 20 in possession, of which no more than 2 per day, 4 in possession, may be harlequin ducks, no more than 2 per day, 4 in possession may be long- tailed ducks, and no more than I per day, 2 in possession may be eider; however, no more than 4 each of any sea duck species may be taken per season; and no more than 20 sea ducks of all species may be taken per season Units 8 and 10 (except Unimak Is.) RESIDENT HUNTERS: 10 per day, 20 in possession, including no more than 6 each per day, 12 in possession of either harlequin or long - tailed ducks NONRESIDENT HUNTERS: 7 per day, 20 in possession; however, no more than 4 each 0 fan y sea duck species may be taken per season; and no more than 20 sea ducks of all species may be taken per season Units and RESIDENT HUNTERS: 10 per day, 20 in possession, including Sept. 1 - Dec. 16 4

11 J I EMERGENCY REGU LATION Register ~Il, 6CJl)l>tr FISH AND GAME no more than 6 each per day, 12 in possession of either harlequin or long - tail ed ducks NONRES ID ENT HUNT ERS: 10 per day, 20 in possession; however, no more than 4 each of any sea duck species may be taken per season; and no more than 20 sea ducks of all species may be taken per season Uni ts 1-26 (C) Geese, Canada and cackling combined Units I per day, 12 in possession Units 7, II - 16, and per day, 12 in posses SIOn Uni ts 9, 10 (Unimak Is. onl y), 17, and 18 6 per day, 18 in possession. Unit 5 4 per day, 12 in posses SIon No open season. Sept Dec. 3 I (General hunt onl y) (General hunt onl y) Sept Dec. 16 (General hunt onl y) Sept. 1 - Dec. 16 No open season. Sept Dec. 3 1 Sept. 1 - Dec 16 Sept Dec 16 5

12 EMERGENCY REGULATION Register :2.11, t'lc.:h,bu FISH AND GAME Unit 6 (except Middleton Is.) Sept Dec. 16 Sept Dec 16 4 per day, 8 in posses SIon Unit 6 (Middleton Is. only) Sept Dec. 16 Sept Dec 16 Limit of I per day, I in possession, and only by registration permit Unit 8 (except Semidi Islands) Limit of I per day, 2 in possession Unit 8 (Semidi Islands) No Open Season No Open Season U nit 10 (except Unimak Is.) 6 per day, 18 in possession (D) Geese, White-fronted Units I per day, 12 in possession Units5-7, 11-16, and Sept Dec. 3 1 Sept Dec. 3 I 6

13 EMERGENCY REGULATION Register.1 II, Oc..±v ber 2014 FISH AND GAME 4 per day, 12 in possession Units 9, 10 (Unimak Is. only), and 17 6 per day, 18 in posses Sion. Unit 18 8 per day, 24 in possession. Sept. I Dec.16 Unit 8 4 per day, 12 in possession Unit 10 (except Unimak Is.) 6 per day, 18 in possessian (E) Geese, Light (Snow and Ross') Units I per day, 12 in possession Units 5-7, 9, 10 (Unimak Is. only), and II per day, 12 in possession Units 8 and 10 (except Unimak Is.) 4 per day, 12 in possession Sept Dec. 3 I Sept. I - Dec 16 Sept. 1 - Dec 16 7

14 EMERGENCY REGULATION Register ~,t)ckb<r FISH AND GAME (F) Brant Units I - 4 Sept Dec. 3 1 Sept. I - Dec 16 (General hunt onl y) 2 per day, 6 in posses- SIOn Units 5-7, 9, 10 (Unil1lak Sept. I - Dec 16 Is. only), and II per day, 6 in possession Units 8 and 10 (except Unil1lak Is.) 2 per day, 6 in possession (G) Emperor Geese Units I - 4 No open season No open season (H) Cranes Units I - 4 Sept Dec. 3 I Sept. I - Dec 16 (General hunt onl y) 2 per day, 6 in possession Units 5-7, 9, 10 (Unil1lak Sept. I - Dec 16 Is. only), and per day, 6 in posses- SIOn Units 8 and 10 (except Un imak Is.) 2 per day, 6 in posses- SIon Units II, 12, 13 and Sept. I - Dec 16 8

15 { EMERGENCY REGULATION Register 2. t (, Ocfubef" FISH AND GAME 3 per day, 9 in possession (I) Snipe (G eneral hunt only) Uni ts I per day, 24 in possession Units 5-7, 9, 10 (Unimak Is. onl y), and II per day, 24 in possession Units 8 and 10 (except Unimak Is.) 8 per day, 24 in possession (J) Tundra Swans Unit 17 3 swans per season, by registration permit only; up to 200 pem1its will be issued Sept Dec. 31 (General hunt onl y) Sept. I - Oct. 31 Sept. I - Dec 16 Sept. I - Dec 16 Sept. I - Oct. 31 Unit 18 3 swans per season, by registration pennit onl y; up to 300 pennits will be issued Unit 22 3 swans per season, by registration pennit only; up to 200 Sept. I - Oct. 3 I Sept. I - Oct. 3 I (General hunt onl y) Sept. I - Oct. 31 Sept. I - Oct. 3 I 9

16 EMERGENCY REGULAT[ON Register~, c)c.fub-<.r 20[4 F[SH AND GAME pennits will be issued Unit 23 3 swans per season, by regisu'ation pennit onl y; up to 200 pennits wi ll be issued All other units Sept. [ - Oct. 3 [ (Genera[ hunt onl y) No open season Sept. [ - Oct. 3 [ No open season (Eff. 8/20/89, Register [[ [; am 91[ /89, Register [[ [; am , Register [[ 5 ; am 81[2/90, Register [ [5; am [2/27/90, Register 1 [6; am 61[6/9 [, Register [ 18; am 71[ 192, Register [22; am 51[3 /93, Register 126; am 71[ 193, Register 126; am 8/25/94, Register [3 1 ; am 8/3 [/94, Register [3 [; am 9/8194, Register 13 1; am 7/8/95, Register 135; am 7/9195, Register [35; am 81[ 195, Register [35; am 8/4/95, Register 135; am 6/28/96, Register 138; am 8/26/96, Register [39; am 71[8197, Register [43; am 7/26/97, Regi ster 143; am 71[ 198, Register 146; add'[ am 7/ 1198, Register [46; am 8/6/98, Register 147; am 71[ /99, Register 150; am , Register 15 [; am 71[7/99, Register [5 [; am 9/29199, Register 15 1; am 71[ /2000, Register [54; add'l am 71[ /2000, Register 154; am 7/24/2000, Register 155 ; am 7/6/200 [, Register 159; am [0/27/200 1, Register [60; am 7/ , Register 162; am 71[ /2005, Register 174; am 8/3 1/2005, Register 175 ; am 8/3 [/2006, Register 179; am 8/ , Regi ster 183; am 8/31 /2008, Register [87; am 71[ /2009, Register [90; am 8/3 [/2009, Register [9 1; am 91[ /2009, Register [9 [; am 71[ /20 10, Register [94; am 8/3 [/20 1 [, Register 199; am 71[ /20 12, Register 202; am 8/3 [/20 13, Register 207; amlreadopt _i j.ll.t20 14, Register..2:..1L ) Authority: AS AS AS [