NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE

       ALASKA DEPARTMENT OF FISH AND GAME

The Alaska Department of Fish and Game (ADF&G) proposes to adopt regulation changes in Title 5 of the Alaska Administrative Code, dealing with waters important for the spawning, rearing, or migration of anadromous fish, including the following:

5 AAC 95.011 is proposed to be changed as follows:

The Atlas to the Catalog of Waters Important for the Spawning, Rearing, or Migration of Anadromous Fishes and Catalog of Waters Important for the Spawning, Rearing, or Migration of Anadromous Fishes (Atlas and Catalog), which are adopted by reference in 5 AAC 95.011, will be revised and updated.

Alaska Statute 16.05.871 requires, among other actions, that the Commissioner of the ADF&G "specify" the rivers, lakes and streams or portions of them that are important for the spawning, rearing or migration of anadromous fish. The Commissioner must review plans and specifications of any proposed work or use occurring within a specified anadromous river, lake, or stream.  If the Commissioner determines that the plans and specifications provide for the proper protection of fish and game the project will be approved and a Fish Habitat Permit will be issued by the ADF&G, Division of Habitat.  The Catalog and Atlas identify and list these anadromous waters and are used by the Commissioner to determine whether such a permit is required for any particular project.

Several revisions are proposed to be made to the Atlas and Catalog.  The list of rivers, lakes, and streams will be updated, including additions, deletions, and changes to the legal descriptions of many of these waters.  Minor revisions will be made to the introduction of the Catalog and Atlas.  Species-specific information will be used in place of undifferentiated species information wherever possible.

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 Ginny Litchfield, Alaska Department of Fish and Game, River Center 514 Funny River Rd., Soldotna, AK 99669.  Additionally, the Alaska Department of Fish and Game will accept comments by facsimile at (907) 260-5992 or by e-mail to dfg.hab.anadromous@alaska.gov.  The comments must be received no later than 5:00 p.m. AKST, March 3, 2015.

You may submit written questions relevant to the proposed action to Ginny Litchfield by email or physical address.  The questions must be received at least 10 days before the end of the public comment period. The Alaska Department of Fish and Game will aggregate its response to substantially similar questions and make the questions and response available on http://awc.adfg.alaska.gov/.  The Alaska Department of Fish and Game may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

The proposed changes for all six regions of Alaska (Southeastern, Southcentral, Southwestern, Western, Arctic, and Interior) are available for inspection and copying at: the ADF&G offices in Anchorage at 333 Raspberry Rd. and in Fairbanks at 1300 College Rd.; the Alaska Resources Library in Anchorage; and the State Library in Juneau.  The ADF&G offices in

Douglas, Craig, Palmer, Bethel, Cordova, Delta Junction, Dillingham, Dutch Harbor, Glennallen, Haines, Homer, Ketchikan, King Salmon, Kodiak, Sand Point, Nome, Sitka, Soldotna, Tok, Wrangell, and Yakutat have copies of the proposed changes for their local region.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Ginny Litchfield at (907) 714-2477 no later than February 24, 2015 to ensure that any necessary accommodations can be provided. Electronic equivalents of the review documents and the atlas maps are also available through the ADF&G website at: http://awc.adfg.alaska.gov/ .

After the public comment period has ended, the ADF&G will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them.  The language of the final regulations may vary from that of the proposed regulations.  You should comment during the time allowed if your interests could be affected.

Statutory Authority:  AS 16.05.020 and 16.05.871

Statutes Being Implemented, Interpreted, or Made Specific:  AS 16.05.871

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

Date:          January 23, 2015                                                      

Sam Cotten, Commissioner

Alaska Department of Fish and Game