NOTICE OF PROPOSED CHANGES TO CORRECT ERRORS AND OMISSIONS IN THE REGULATIONS OF THE ALASKA BOARD OF FISHERIES
The Alaska Department of Fish and Game is proposing to amend regulations to correct errors or omissions ambiguities, and technical deficiencies in Title 5 of the Alaska Administrative Code.
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) correcting errors and omissions, ambiguities, and technical deficiencies dealing with certain finfish and shellfish fisheries, including the following:
(1) 5 AAC 01.270. Lawful gear and gear specifications and operation is proposed to be changed to add the word ‘set’ in front of the word ‘gillnet’ for clarity.
(2) 5 AAC 01.610. Fishing seasons is proposed to be changed to add season dates for whitefish for clarity.
(3) 5 AAC 01.630. Subsistence fishing permits is proposed to be changed to correct a cross referenced regulation due to the reorganization of that section in another regulations project.
(4) 5 AAC 01.716. Customary and traditional subsistence uses of fish stocks and amounts necessary for subsistence uses is proposed to be changed to remove a typographical error.
(5) 5 AAC 01.745. Subsistence bag and possession limits; annual limits is proposed to be changed to remove a typographical error.
(6) 5 AAC 21.200. Fishing districts, subdistricts, and sections is proposed to be changed to correct latitude/longitude coordinates for Northwest Point and Kalgin Island Light.
(7) 5 AAC 21.320. Weekly fishing periods is proposed to be changed to add subparagraphs to list the subdistricts in the Central District.
(8) 5 AAC 21.330. Gear is proposed to be changed to add latitude/longitude coordinates currently listed by name only for Barabara Point and correct an omission to add latitude/longitude coordinates that were unintentionally omitted from the 2016 Board of Fisheries Regulations. Also, there are corrections to the latitude/longitude coordinates for McDonald Spit and an additional coordinate defining the area open to commercial set gillnet fishing in the Southern District.
(9) 5 AAC 21.350. Closed waters is proposed to be changed to remove the antiquated description of ‘mean low tide’ to ‘mean lower low water’.
(10) 5 AAC 21.365. Kasilof River Salmon Management Plan permits is proposed to be changed to correct a cross referenced regulation due to the reorganization of that section in another regulations project.
(11) 5 AAC 21.368. Big River Sockeye Salmon Management Plan is proposed to be changed to correct latitude/longitude coordinates for Kalgin Island Light.
(12) 5 AAC 28.500. Description of Chignik Area is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates in the Chignik Management area.
(13) 5 AAC 28.505. Description of Chignik Area districts is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates in the Mitrofania District of the Chignik Management area.
(14) 5 AAC 28.537. Chignik Area Pacific Cod Management Plan is proposed to be changed to remove duplicative language as well as restructure existing language.
(15) 5 AAC 28.550. Description of South Alaska Peninsula Area is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates in the South Alaska Peninsula Management Area.
(17) 5 AAC 28.555. Description of South Alaska Peninsula Area districts and sections Area is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates in the Shumagin Islands Section of the South Alaska Peninsula Management Area.
(18) 5 AAC 31.105. Description of Registration Area A districts and sections is proposed to be changed to define latitude/longitude coordinates for locations named in Districts 1-4 in the Southeast Alaska commercial shrimp fishery.
(19) 5 AAC 31.505. Description of Registration Area J districts and sections is proposed to be changed to both correct latitude/longitude coordinates in the Alitak Flats Section and remove language that describes a bearing line and add language for latitude/longitude coordinates in the Chignik District of Registration Area J.
(20) 5 AAC 32.405. Description of Registration Area J districts is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates in the Dungeness crab fishery in the Chignik and Alaska Peninsula Districts.
(21) 5 AAC 33.200. Fishing districts and sections is proposed to be changed to define and correct latitude/longitude coordinates for locations named in Districts 1-15 in the Southeast Alaska commercial salmon fishery.
(22) 5 AAC 33.310. Fishing seasons and periods for net gear is proposed to be changed to add latitude/longitude coordinates for reference points named in Section 6-D and 11-B.
(23) 5 AAC 33.383. District 7: Anita Bay Terminal Harvest Area Salmon Management Plan is proposed to be changed
(24) 5 AAC 34.405. Description of Registration Area K districts is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates in the king crab fishery in the Southeast and Southwest districts of Registration Area K.
(25) 5 AAC 34.505. Description of Registration Area M districts is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates in the king crab fishery in the Central District and West Chignik District of Registration Area M.
(26) 5 AAC 35.053. Operation of other pot gear is proposed to be reorganized for clarity.
(27) 5 AAC 35.505. Description of Registration Area J districts is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates and correct for latitude/longitude coordinates in the tanner crab fishery in the Southeast, Southwest, Westside, South Mainland, Northeast and Eastside Sections of the Kodiak District. The South Peninsula District, as well as the Chignik District is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates and correct for latitude/longitude coordinates in the tanner crab fishery.
(28) 5 AAC 35.510. Fishing seasons for Registration Area J is proposed to be changed to update of National Weather Service area designations.
(29) 5 AAC 38.145. Southeastern Alaska Red Sea Urchin Management Plan is proposed to be changed to correct the name of a reference point of Gravina Island to Gravina Point.
(30) 5 AAC 38.425. Closed waters for scallops in Registration Area J is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates for closed waters around Kodiak Island.
(31) 5 AAC 39.164. Nonpelagic trawl gear restrictions is proposed to be changed to remove language that describes a bearing line and add language for latitude/longitude coordinates for the Chignik groundfish registration area and a portion of the South Alaska Peninsula groundfish registration area.
(32) 5 AAC 39.290. Closed waters is proposed to be changed to make a technical edit by changing the word ‘and’ to ‘or’ for clarity.
(33) 5 AAC 39.645. Shellfish onboard observer program is proposed to be changed to add language that was erroneously repealed in 2018 regarding the onboard observer coverage requirements in Registration Area O, Aleutian Islands.
(34) 5 AAC 40.032. District 11 Douglas Island Pink and Chum (DIPAC) Special Harvest Area is proposed to be changed to add District 15 to the section title.
(35) 5 AAC 57.121. Special provisions for the seasons, bag, possession, and size limits, and methods and means for the Lower Section of the Kenai River Drainage Area is proposed to be changed to delete redundant language regarding gear restrictions in the Kenai River.
(36) 5 AAC 77.171. Lawful gear for personal use finfish fishing is proposed to be changed to remove a redundant cross reference to a definition already incorporated earlier in the chapter.
(37) 5 AAC 77.662. Personal use Dungeness crab fishery is proposed to be changed to correct a cross referenced regulation due to the reorganization of that section in another regulations project.
(38) 5 AAC 77.666. Personal use Tanner crab fishery is proposed to be changed to correct across referenced regulation due to the reorganization of that section in another regulations project.
(39) 5 AAC 77.667. Personal use scallop fishery is proposed to be changed to correct a cross referenced regulation referring to allowable gear for clams to instead refer to the allowable gear type for scallops in the personal use fishing chapter.
(40) 5 AAC 77.671. Personal use sea cucumber fishery is proposed to be changed to correct across referenced regulation referring to allowable gear for clams to instead refer to the allowable gear type for miscellaneous shellfish in the personal use fishing chapter as well as clearly define allowable gear types.
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.gov. The comments must be received no later than 5:00 p.m. on July 8, 2019.
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 July 2, 2019 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: http://www.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 16.05.251; AS 16.05.270
Statutes Being Implemented, Interpreted, or Made Specific: AS 16.05.060; AS 16.05.251 AS 16.05.258; AS 16.10.440
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
giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.
DATE: 6/7/2019 Shellene L. Hutter
Regulations Program Coordinator
Alaska Department of Fish and Game