The Alaska Department of Fish and Game is proposing to add regulations to open a joint common property and cost recovery assessment fishery for hatchery-produced king salmon for cost recovery by the hatchery permit holder in the Neets Bay, Carroll Inlet and Anita Bay terminal harvest areas. Additionally, changes proposed include amending regulations administrative in nature concerning hatchery operations, including permitting and reporting requirements. The commissioner of the Department of Fish and Game, under a delegation of authority issued by the Alaska Board of Fisheries is also proposing to adopt regulations of amphibians and classification and prohibitions of invasive species.
The commissioner of the Department of Fish and Game proposes to adopt regulation changes in Title 5 of the Alaska Administrative Code (AAC) including the following:
(1) 5 AAC 33.370. District 1: Neets Bay Hatchery Salmon Management Plan is proposed to
be changed to open a joint common property and cost recovery assessment fishery for
hatchery-produced king salmon in the Neets Bay terminal harvest area open to all
commercial fishing gear groups with dates of openings and closures to be established by
emergency order.
(2) 5 AAC 33.379. Carroll Inlet Terminal Harvest Area Salmon Management Plan is
proposed to be changed to open a joint common property and cost recovery assessment
fishery for hatchery-produced king salmon in the Carroll Inlet terminal harvest area open to
all commercial fishing gear groups with dates of openings and closures to be established by
emergency order.
(3) 5 AAC 33.383. District 7: Anita Bay Terminal Harvest Area Salmon Management Plan
is proposed to be changed to open a joint common property and cost recovery assessment
fishery for hatchery-produced king salmon in the Anita Bay terminal harvest area open to all
commercial fishing gear groups with dates of openings and closures to be established by
emergency order and to correct an outdated cross reference.
(4) 5 AAC 40.350. Public notice is proposed to be changed to revise language to more
effectively provide notice of a planning team meeting.
(5) 5 AAC 40.840. Annual management plans is proposed to be changed to define
parameters required for the Annual management plans, state considerations for the
development of the plans and add a provision to allow for actions to be taken outside of the
management plan under emergency order authority. Also language is proposed to be added
requiring submission of a draft plan by April 1.
(6) 5 AAC 40.850. Notice of permit alteration is proposed to be changed to remove
unnecessary language and adding language defining consequence of the issuance of a Notice
of Permit Alteration.
(7) 5 AAC 41.250. Permit conditions is proposed to be changed to add language to require that
aquatic plants commercially or recreationally harvested be separated by harvest method.
(8) 5 AAC 93.330. Hatchery salmon use authorization is proposed to be changed to remove
language requiring buyers and processors utilized by the hatchery operator be identified prior
to operating, correct cross references, remove unnecessary or obsolete language and repeal
language administrative regulations, including certain reporting and record keeping
requirements.
(9) 5 AAC 93.350. General authorizations for use of salmon is proposed to be changed
regarding reporting requirements for disposal of salmon carcasses from which milt or eggs
are extracted under a permit issued by the department and accounting procedures.
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) including the following:
(1) 5 AAC 41.005. Permit required is proposed to be changed to add language to include all
lands of the state for fish transport or aquatic resource permit requirements.
(2) 5 AAC 41.070. Prohibitions on importation and release of live fish is proposed to be
changed to add language to include all lands of the state for the stocking or rearing
prohibitions of live animals, including ornamental fish, update cross reference of prohibited
species listing and to add language to cross reference prohibited amphibian species listing
with department and federal regulations.
(3) 5 AAC 41.075. Classification of banned invasive species is proposed to be added to
provide a comprehensive list of all banned invasive species by species group and to specify
criteria for which the Board of Fisheries will use when making their determination of a
banned invasive species listing.
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 March 14, 2021.
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 March 8, 2021 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:
https://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 16.05.020; AS 16.05.050; AS 16.05.092; AS 16.05.251; AS 16.05.270; AS 16.10.400; 16.10.455; AS 16.40.100; AS 16.40.160
Statutes Being Implemented, Interpreted, or Made Specific: AS 16.05.020; AS 16.05.050; AS 16.05.060; AS 16.05.092; AS 16.05.251; AS 16.05.831; AS 16.10.240; AS 16.10.375; AS 16.10.400; AS 16.10.443; AS 16.10.455; AS 16.40.100; AS 16.40.160
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: 2/10/2021 Shellene L. Hutter
Regulations Program Coordinator
Department of Fish and Game