NOTICE OF PROPOSED CHANGES to Adopt the Dude Creek Critical Habitat Area Management Plan
IN THE REGULATIONS OF the Department of Fish and Game

The Department of Fish and Game proposes to adopt regulation changes in 5 AAC 95 of the Alaska Administrative Code, dealing with the adoption of the Due Creek Critical Habitat Area (CHA) Management Plan, including the following:

(1)        5 AAC 95.630 is proposed to be changed as follows: Adopting, by reference, the Goals and Policies contained in the Dude Creek Critical Habitat Area Management Plan, April 2017. These Goals and Policies guide ADF&G land use management activities in the Dude Creek CHA, primarily by providing more specific guidance for the existing Special Area Permitting process.  The goals of the management plan address management for sandhill crane and other wildlife habitat, public access and use to the CHA, and government management and research activities.  The policies provide guidance to evaluating potential habitat effects of the following land use activities: Compatibility with management goals, Access, Motorized Vehicle Use, Recreational and Harvest Activities, Camping, Timber and Firewood Harvest, Fuel and Hazardous Materials Storage, Commercial and Group Activities, Geological Exploration and Development, Habitat Enhancement / Restoration, Grazing, Fire Management, Cultural Historical and Archeological Resources, Information, Education, and Outreach, and Scientific Research.

(2)        5 AAC 95.632 is proposed to be changed as follows:  In addition to adopting the Management Plan Goals and Policies, ADF&G also proposes to adopt individual regulations specifically addressing Off-Road Vehicle Use, Aircraft Access, Construction and Use of Structures, Camping, Grazing, and Fuel Storage and Hazardous Materials Disposal within the Dude Creek CHA.  These regulations restate selected Policies of the Management Plan in a manner that can be easily interpreted by the public and law enforcement.

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 Habitat Division, 333 Raspberry Road Anchorage, AK 99518. Additionally, the ADF&G will accept comments by facsimile at 907-267-2499 and by electronic mail at dfg.hab.specialarea@alaska.gov . The comments must be received not later than 5:00 pm on May 30, 2017.

You may submit written questions relevant to the proposed action to Tammy Massie at dfg.hab.specialarea@alaska.gov or 333 Raspberry Road Anchorage, AK 99518. The questions must be received at least 10 days before the end of the public comment period. The ADF&G will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and at http://www.adfg.alaska.gov/index.cfm?adfg=habitatoversight.specialareas .

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Tammy Massie at dfg.hab.specialarea@alaska.gov or 907-267-2122 not later than May 15, 2017, to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System(attachments to this notice) and by contacting Tammy Massie at dfg.hab.specialarea@alaska.gov or 907-267-2122.

A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System and at http://www.adfg.alaska.gov/index.cfm?adfg=habitatoversight.specialareas. A copy of material proposed for adoption by reference may be viewed at the ADF&G office in Douglas, 803 3rd Street, Douglas, Alaska 99824-5412, or at the Gustavus Public Library.

After the public comment period ends, 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 regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority:  AS 16.05.020; AS 16.05.050; AS 16.20.500; AS 16.20.520; AS 16.20.530; AS 16.20.610

Statutes being implemented, interpreted, or made specific: AS 16.20.500; AS 16.20.520; AS 16.20.530; AS 16.20.610

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

Date:   April 28, 2017

    David Rogers