NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE COMMERCIAL FISHERIES ENTRY COMMISSION
BRIEF DESCRIPTION: The Commercial Fisheries Entry Commission proposes to change regulations to correct a cross-reference in a regulation about fee adjustments; amend the definition of residency; repeal and readopt regulations regarding the refund of interim-use and limited entry permits; amend 20 AAC 05 to adopt a new section to implement the demerit point statute, AS 16.43.850 – 16.43.895, a statute that provides for the suspension of a limited entry permit for frequent violations of commercial fishing laws in a salmon fishery; amend the emergency transfer regulation that pertains to persons who acquired their permit by right of survivorship, designation, or inheritance; and repeal the definition of illness which applies to permit transfers.
The Alaska Commercial Fisheries Entry Commission proposes to adopt regulation changes in Title 20, Chapter 05 of the Alaska Administrative Code, as follows:
- Amend 20 AAC 05.245(a)(3) to correct a cross-reference to another regulation;
- Amend 20 AAC 05.290 to clarify the definition of residency by adding a definition of domicile;
- Repeal and readopt 20 AAC 05.425(c) to clarify the regulation regarding the refund of interim-use permit fees;
- Repeal and readopt 20 AAC 05.560(d) to clarify the regulation regarding the refund of limited entry permit fees;
- Adopt a new section, 20 AAC 05.1971, to implement the demerit point statute, AS 16.43.850 – 16.43.895, a statute that provides for the suspension of a limited entry permit for frequent violations of commercial fishing laws in a salmon fishery;
- Amend 20 AAC 05.1750(f) to provide an opportunity for additional emergency transfers to a person who acquired a permit by right of survivorship, designation, or inheritance; and
- Repeal 20 AAC 05.1770(a)(9), the definition of illness which applies to permit transfer
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 Jason Kampman at Commercial Fisheries Entry Commission, P.O. Box 110302, Juneau, AK 99811-0302 or by email: Jason.Kampman@alaska.gov. The comments must be received not later than 5:00 p.m. on December 9, 2020.
You may submit written questions relevant to the proposed action to Jason Kampman at Commercial Fisheries Entry Commission, P.O. Box 110302, Juneau, AK 99811-0302 or by email: Jason.Kampman@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Commercial Fisheries Entry Commission 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.cfec.state.ak.us.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jason Kampman at (907)790-6940 or Jason.Kampman@alaska.gov no later than December 1, 2020, to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available online at the Alaska Online Public Notice System at https://aws.state.ak.us/OnlinePublicNotices/Default.aspx or at the Commercial Fisheries Entry Commission webpage at http://www.cfec.state.ak.us; or you may contact Jason Kampman, Law Specialist, Commercial Fisheries Entry Commission, P.O. Box 110302, Juneau, AK 99811-0302, (907)790-6940, email Jason.Kampman@alaska.gov.
After the public comment period ends, the Commercial Fisheries Entry Commission will either adopt these 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 16.43.100; AS 16.43.110
Statutes being implemented, interpreted, or made specific: AS 01.10.055; AS 16.43.100;
AS 16.43.110; AS 16.43.140; AS 16.43.150; AS 16.43.160; AS 16.43.170; AS 16.43.180;
AS 16.43.220; AS 16.43.850 – 16.43.895; AS 16.43.990
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.
Under the Open Meetings Act (AS 44.62.310), the Commission will conduct a public meeting in the Commission’s Conference Room, 8800 Glacier Highway, Suite 109, Juneau, Alaska, on January 4, 2021 at 2:00 p.m. to consider action upon the proposed regulations. You can contact Jason Kampman for a copy of the agenda on the Friday before the scheduled meeting. No public testimony will be accepted at this meeting.
The Commission 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 Commission’s Notice of Proposed Regulation Changes. To be added to or removed from the list, send a request to CFEC at P.O. Box 110302, Juneau, AK 99811-0302, or email: Jason.Kampman@alaska.gov and provide your name and preferred contact method for receiving notices.
Date: November 3, 2020
By Direction of the
COMMERCIAL FISHERIES ENTRY COMMISSION
Fate Putman, Chair
Dale Kelley, Commissioner
/s/ Fate Putman