OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM

Transcription

1 Mead Treadwell Lieutenant Governor State Capitol Juneau, Alaska Fax West 7"' Ave, Suite 1700 Anchoragc, Alaska OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM TO: FROM: DATE: RE: Kevin Messing, MC Contact Department o f Fish and Game Scott Meriwether Special Assistant April 21, 2014 Filed Permanent Regulations: Board of Fisheries Board of Fisheries Regulacion reo March 17-21, 2014 Anchorage Meecing: Statewide King and Tanner Crab Fisheries; Supplemental Issues: 5 MC MC A ttorney General File: JU (part 1) Regulacion Filed: 4/ 18/2014 Effective Date: 5/18/ 2014 Print: 210,July 2014 cc with enclosures: Linda Miller, Department of Law Crystal Koeneman, Administrative Regulation Review Committee Judy Herndon, LexisNexis

2 JU (Part 1) ORDER CERTIFYING THE CHANGES TO REGULATIONS OF THE ALASKA BOARD OF FISHERIES The attached 9 pages of regulations, dealing with the commercial salmon fishery in the Yukon Area and Bristol Bay Area, the sport fishery in the Bristol Bay Area, and the commercial king crab fishery, are certified to be a correct copy of the regulation changes that the Alaska Board of Fisheries adopted at its March 17-21, 2014 meeting in Anchorage, Alaska, under the authority of AS and after compliance with the Administrative Procedure Act (AS 44.62), specifically including notice under AS and and opportunity for public comment under AS This action is not expected to require an increased appropriation. On the record, in considering public comments, the Alaska Board of Fisheries paid special attention to the cost to private persons of the regulatory action being taken. The regulation changes described in this order take effect on the 30th day after they have been filed by the lieutenant governor, as provided in AS DATE: J'l4.a.c.././ 2? z.,.. lof 'JUl1eau, Alas'ka K vin Brooks, Deputy Commissioner Department of Fish and Game +d!. (~, FILING CERTIFICATION I, Mead Treadwell, Lieutenant Governor for the State of Alaska, certify that on the provisions of AS /.1_ at If: 0 I <>-.m., I filed the attached regulations according to ~~ Mead Treadwell, Lieutenant Governor Effective: Register: Maj 18 / J-ol.<! ~IO, JL.../'7 2:0 ( V --

3 STA TE Of AL>\SKA DEPART\IENT OF FtSH AND GAME P',O. nox ]u')[eau. ALASKA DELEGATIO~j OF AUTHORlTY UNDER AS 4~, 17.0 I 0, THE AUTHORITY At\D RESPONSIBILITY FOR ADOPTING REGmA no~s Of THE DEPARTMDiT Of FISH AND GAME UNDER THE ALASKA ADMD.'ISTRA TIVE PROCEDURE ACT ARE DELEGATED TO KEYlN BRQOK~. DEPOTI' CQlvrwus.srONER SIGNED: CORA CAMPBELL (please print name) STATE Of AL.ASKA,c OFFICIAL SEAL... <, --,~ Abby Smith.".;;"1 NOTARY PUBLIC '.. My Commission Explccs'll\lhoffi<..c

4 Register :lio, a la lj 2014 FISH AND GAME Chapter 05. Yukon' Area. Article 3. Salmon Fishery. 5 AAC is amended by adding new subsections to read: (b) A lead may be used with a commercial fish wheel operated under this chapter. tr\q.ql'\lii (c) In this section, "lead" 5alength of net or fencing employed for guiding fish into a fish " wheel. (Tn effect before 1985; am 5/ 11/85, Register 94; am 5 /JRj2014, Register ';>'/0 ) Authority: AS Publisher: Please designate preexisting text of 5 AAC as subsection (a). 5 AAC (k) is amended to read: (k) In Districts I - 3, during times when the commissioner determines that it is necessary for the conservation of king salmon, the commissioner may, by emergency order, close the commercial gillnet fishing season and immediately reopen a fishing season during which (I) a permit holder may fish with (A) up to four dip nets; notwithstanding 5 AAC (d)(24), for the purposes of this subparagraph, a dip net is a bag-shaped net supported on all sides by a rigid frame in which no portion of the bag is constructed of webbing that exceeds a stretched measurement of four and one-half inches and the frame is

5 Register )...10, J lal] 2014 FISH AND GAME attached to a single rigid handle and operated by hand; the depth of the bag must be at least one-half of the greatest straight-line distance, as measured through the net opening; for a dip net with (i) a circular net frame, the maximum straight-line distance between any two poin ts on the net frame, as measured through the net opening, may not exceed five feet; (ii) a net frame that is not a circular net frame, the width-height dimensions may not exceed six feet by three feet [, AS A DIP NET IS DEFINED IN 5 AAC ]; stretched measure; and (B) beach seine gear, with mesh size that does not exceed four inches (2) all king salmon caught in dip net and beach seine gear must be released [RETURNED] immediately and returned to the water unharmed [ALIVE, EXCEPT THAT A DEAD KING SALMON MAYBE TAKEN BUT MAY NOT BE RETAINED; THE DEAD KING SALMON MUST BE RECORDED ON A FISH TICKET AND FORFEITED TO THE STATE]. (Eff. 6/14/90, Register 115; am 7/ 12/96, Register 139; am 4/22/99, Register 150; am 6/ 17/2001, Register 158; em am 7/ 1/ /28/2009, Register 191; am 5/9/2010, Register 194; am 7/13/2012, Register 203; am 4/13/2013, Register 206; am ~1j.fj20 14, Register 21 D) Authority: AS AS

6 Register :l/o, ;::rl-ll~ 2014 FISH AND GAME Chapter 06. Bristol Bay Area. Article 3. Salmon Fishery. 5 AAC (m)(8) is amended to read: (8) in the Ugashik District, in that portion of the east bank of the Ugashik River from a point at ' N. lat., ' W. long. to ' N. lat., ' W. long., no part of a set gill net may be more than 600 feet from the 18-foot high tide mark [, EXCEPT THAT A SET GILLNET MA Y EXTEND TO 1,000 FEET FROM THE 18-FOOT HIGH TIDE MARK IF (A) NOTWITHSTANDING THE PROVISIONS OF (i) OF THIS SECTION, THE SHOREWARD END OF THE SET GILLNET IS AT LEAST 400 FEET FROM THE 18-FOOT HIGH TIDE MARK; (B) THE ANCHORING DEVICES FOR THE SET GILLNET ARE NOT MORE THAN 100 FEET FROM THE SET GILLNET; AND (C) THE SET GILLNET IS NOT ATTACHED TO A RUNNING LINE CONNECTED TO THE BEACH]. (In effect before 1984; am 4/28/84, Register 90; am , Register 94; am 7/ 14/85, Register 95; am 411 8/86, Register 98; am 4/2/88, Register 105; am 6110/90, Register 114; am 5115 /91, Register 118; am 6/19/92, Register 122; am 7/ 12/92, Register 123; am 6/24/93, Register 126; am 3

7 Register.:1. { 0, \T VI-{ 'J 2014 FISH AND GAME 6/5/94, Register 130; am 4/9/95, Register 134; am 5/24/96, Register 138; am 6/21197, Register 142; am 5/14/98, Register 146; am 6/22/2001, Register 158; am 4/9/2004, Register 170; am 6113/2004, Register 170; am 12/ 1/2004, Register 172; am 5/ , Register 178; am 3/30/2007, Register 181; am 4/9/2010, Register 194; am 4/4/2013, Register 206; am -.lij If? /2014, Register 2(0) Authority: AS <0---;> 1'\ ~ ') Chapter 34. King Crab Fishery. Article 14. Registration Area Q (Bering Sea). The introductory language of 5 AAC Oed) is amended to read: Cd) In the Norton Sound Section of the Northern District, male red king crab, male [AND] blue king crab, and male Hanasaki king crab may be taken only as follows: (In effect before 1981; am 6/28/81, Register 78; am 7/25/82, Register 83; am 6/30/83, Register 86; am 10/1/83, Register 87; am 6/30/84, Register 90; am 7/ 14/85, Register 95; am 7/23/88, Register 107; am 6/24/93, Register 126; am 1116/96, Register 140; am 8/24/2002, Register 163; am 8/14/2005, Register 175; am 7/16/2006, Register 179; am 9/12/2008, Register 187; am 2/ , Register 193; am jijj~_12014, Register.;t/0 ) 4

8 Register.210, JlA-L'J 2014 FISH AND GAME Authority: AS AS The introductory language of 5 AAC (a) is amended to read: (a) The department shall manage the Norton Sound Section summer season red king crab fishery in accordance with 5 AAC and 5 AAC , as follows: 5 AAC (a)(5) is amended to read: (5) when applying this harvest strategy, the department shall consider the reliability of the estimates of abundance of red king crab, other factors necessary to be consistent with sustained yield principles, [AND] the best scientific information available, and harvest efficiency; [.] 5 AAC (a) is amended by adding a new paragraph to read: (6) the commissioner may, by emergency order, reduce by small incrementsjthe closed waters described in 5 AAC (a) to no less than three miles from mean lower low tide to allow the commercial king crab fishery to efficiently obtain the allowable harvest of red king crab. 5

9 Register ;;J.. /0, J '-'-I) 2014 FISH AND GAME (In effect before 1982; am 7/25/82, Register 83; am 6/30/83, Register 86; am 7/23/88, Register 107; am 6/23/99, Register 150; am 8/24/2002, Register 163; am 9/12/2008, Register 187; am 7/13/2012, Register 203; am ~ HI' /2014, Register J.IO) Authority: AS AS AAC (d) is amended to read: possessed: (d) In the Norton Sound Section, only the following king crab may be taken or ill male red king crab four and three-quarter inches or greater in width of shell; ill [, AND] male blue king crab five inches or greater [,] in width of shell; (3) male Hanasaki king crab four and three-quarter inches or greater in width of shell [, MAYBE TAKEN OR POSSESSED). (In effect before 1981; am 6/28/81, Register 78; am 7/25/82, Register 83; am 6/30/83, Register 86; am 10/ 1183, Register 87; am 6/30/84, Register 90; am 7/23/88, Register 107; am 8/24/2002, Register 163; am 9/ , Register 163; am 8/14/2005, Register 175; am 7/ 16/2006, Register 179; am 9/ 12/2008, Register 187; am 2;~2014, Register 110) Authority: AS

10 Register.?-l O, Jvt ~ 2014 FISH AND GAME 5 AAC (a) is amended to read: (a) King crab may be taken only with king crab pots, except that during the winter season for king crab in the Norton Sound Section, king crab may be taken through the ice with jigging gear as described in 5 AAC (a)(2). Jigging gear must be marked as described in 5 AAC (e)(I). King crab taken by other means must be returned to the water without further harm. (In effect before 1982; am 7/25/82, Register 83; am 6/30/83, Register 86; am 7114/85, Register 95; am 7112/86, Register 99; am 7/23/88, Register 107; am 6119/92, Register 122; em am 8/21/ /92, Register 123; am 6/24/93, Register 126; am 11 /6/96, Register 140; am 8/8/99, Register 151; am 8/31/2000, Register ISS; am 8/14/2005, Register 175; am 8/28/2005, Register 175; am 7/16/2006, Register 179; am 9/12/2008, Register 187; am.5 / (~ /2014, Register ~ I 0 ) Authority: AS AAC (a) is amended to read: (a) Except as provided in 5 AAC (a)(6), all [ALL] waters of the Norton Sound Section enclosed by a line from ' N. lat., ' W. long., to ' N. lat., ' W.10ng., to ' N. lat., ' W. long., to ' N.lat., ' W. long., to ' N. lat., ' W. long., to ' N. lat., ' W. long., to ' N.lat., ' W.long., to ' N.lat., ' W.long., to

11 Register :;110, J"tA(j 2014 FISH AND GAME 00.00' N. lat., IS. 00' W. long., to ' N. lat., IS.OO' W. long. are closed to the taking of king crab during the summer season. [THE COMMISSIONER MAY, BY EMERGENCY ORDER, REDUCE BY SMALL INCREMENTS, THE CLOSED WATERS TO NO LESS THAN THREE MILES FROM MEAN LOWER LOW TIDE TO ALLOW THE COMMERCIAL KING CRAB FISHERY TO EFFICIENTLY OBTAIN THE ALLOW ABLE HARVEST OF RED KING CRAB.) (Eff. 6/28/81, Register 78; am 7/2S/82, Register 83; am 6/30/83, Register 86; am 7/ 14/8S, Register 9S; am 6/23/99, Register ISO; am 8/31 /2000, Register ISS ; am , Regi ster IS7 ; am 8/ , Register 163; am ~ /g 12014, Register :J. '0) Authority: AS 16.0S.060 AS 16.0S.2S1 Chapter 39. General Provisions. Article 9. Definitions; Miscellaneous. S AAC S(1 7) is amended by adding a new subparagraph: (E) Paralithodes brevipes (Hanasaki king crab); (In effect before 1983; am 411 6/83, Register 86; am 6/30/83, Register 86; am S/3 118S, Register 94; am 4/18/86, Register 98 ; am 7/12/86, Register 99; am 6/2/8 8, Register 106; am 7/30/89, 8

12 Register ')/0, JL\ly 2014 FISH AND GAME Register Ill; am 4/30/91, Register 118; am 6/27/93, Register 126; am 6/2/95, Register 134; am 4/4/97, Register 142; am 9112/97, Register 143; am 3111 /2001, Register 157; am 8/8/2003, Register 167; am 3/ 14/2004, Register 169; am 8114/2005, Register 175; am 711 /2006, Register 178; am 9112/2008, Register 187; am 7/13/2012, Register 203; am 6/ , Register 206; am ~/K/2 014, Register J.,IO ) Authority: AS I Chapter 67. Bristol Bay Area. 5 AAC (g)(6) is amended to read: (6) from May 1-July 31, only one single-hook [, ARTIFICIAL] lure or one single hook may be used, except as provided in (4) of this subsection. Eff. 3/24/95, Register 133; am 5/24/96, Register 138; am 4/23/98, Register 146; am 6/ 14/2001, Register 158; am 4/9/2004, Register 170; am 3/30/2007, Register 181; am 11128/2009, Register 192; am 2/28/20 I 0, Register 193; am 4/4/2013, Register 206; am 5/8/2013, Register 206; am -.!2.. Lii J201 4, Register.210 ) Authority: AS AS

13 MEMORANDUM State of Alaska Department of Law To: The Honorable Mead Treadwell Lieutenant Governor Date: April II, 2014 File No.: 1U Part I From: Steven C. Weaver ~ C CA-. Senior Assistant Attorney General and Assistant Regulations Attorney Legislation and Regulations Section Tel. No.: Re: Board of Fisheries Regulation re: March 17-21, 2014 Anchorage Meeting: Statewide King and Tanner Crab Fisheries; Supplemental Issues (5 AAC AAC ) We have reviewed the attached Board of Fisheries (board) changes to these regulations. I have reviewed this project under a general delegation dated February 19, 2014 from the Regulations Attorney. A duplicate of this memorandum is being furnished to Commissioner Campbell, along with a copy of the regulations. The Department of Law has reviewed the attached regulations against the statutory standards of the Administrative Procedure Act. Based upon our review, we find no legal problems. The original affidavit of newspaper publication for these regulations was filed with Department of Law project file 1U , Register 209 (April 2014); we have included a photocopy of that affidavit of publication. The original affidavit of newspaper publication for the supplemental notice is also included. This memorandum and the attached duplicate memorandum dated April II, 2014, constitute the written statement of approval under AS (b) and (c) that authorizes your office to file the attached regulations. The regulations were adopted by the board after the close of the public comment period. The regulations are regarding the commercial salmon fishery in the Yukon Area and Bristol Bay Area, the sport fishery in the Bristol Bay Area, and the commercial king crab fishery. The November 3, 2013 and 1anuary 16, 2014 public notices and the March 28, 2014 certification of adoption order all state that this action is not expected to require an increased appropriation. Therefore, a fiscal note under AS is not required. We have made some minor technical corrections to conform the regulations in accordance with AS The corrections are shown on the attached copy of the regulations. SCW:ljm cc: Honorable Cora Campbell, Commissioner Department offish and Game

14 MEMORANDUM State of Alaska Department of Law To: Honorable Cora Campbell Commissioner Department of Fish and Game Date: FileNo.: April 11,2014 JU Part 1 From: Steven C. Weaver ~ C ~ Senior Assistant Attorney General and Assistant Regulations Attorney Legislation and Regulations Section Tel. No.: Re: Board of Fisheries Regulation re: March 17-21, 2014 Anchorage Meeting: Statewide King and Tanner Crab Fisheries; Supplemental Issues (5 AAC MC ) Under AS , we have reviewed the Board of Fisheries (board) changes to these regulations and approve the changes fo r filing by the lieutenant governor. I have reviewed this project under a general delegation dated February 19,2014 from the Regulations Attorney. A duplicate original of this memorandum is being furnished to the lieutenant governor, along with the nine pages of the regulations changes and the related documents. You might wish to contact the lieutenant governor's office to confirm the filing date and effective date of the attached regulations changes. The November 3, 2013 and January 16, public notices and the March 28, 2014 certification of adoption order all state that this action is not expected to require an increased appropriation. Therefore, a fiscal note under AS is not required. We have made some minor technical corrections to the regulations in accordance with AS , as shown on the attached copy. SCW:ljm cc w/ene (via ) Kevin), Messing, Fishery Regul at ions Program Coordinator AAe Contact Depanment offish and Game Glerm Haight, Executive Director Board offishcries Department of Fish and Game FOrTest Bowers, Deputy Directer Division of Commercial Fisheries Department offish and Game Lisa Olson, Deputy Director Division of Subsistence Department of Fi sh and Game Enforcement Commander Division of Wildlife Troopers Department of Public Safety Mike Mitch ell, Senior Assi stant Attorney General Nalur-al Resources Section Tom IJrookover, Deputy Director Division of Sport Fish Department offish and Game

15 MEMORANDUM State of Alaska Department of Law To, Hon. Mead Treadwell Licutcnant Governor DRt" February 19,2014 File No,: Fm"" ;:r /, /' j(;;; ~., _ -&' L. \-,--~ ' Deborah E. Behr Chief Assistant Attorney General and Regulations Attorney Legislation and Regulations Section Tel. No.; R" Delegation of A uthority for Regulations Matters for April 5-13,2014 I will be out of the office on personal leave April 5-13,2014, and plan to be back in the office on Monday, April 14,2014. [n my absence, Assistant Attorney General Steve Weaver is designated as acting Regulations Attorney. Under this delegation, Steve Weaver has my full authority under AS to conduct the legal review of regulations or take necessary actions during this period. [n my absence, Linda Miller is available to provide assistance on regulation matters. Steve Weaver has contact numbers for me if you need to reach me. DEB:pav cc: Jim Cantor, Deputy Attorney General, Civil Division Nancy Gordon, Statewide Office Chief Steve Weaver, Assistant Attorney General Cori Mills, Legislative Liaison, Civil Division Lisa Rickey, Legal Editor Linda Miller, Legal Editor Nancy Korting, Executive Secretary, AGO Scott Meriwether, AAC Coordinator, Office of the Lt. Governor

16 STATE OF ALASKA ) ) ss. FIRST JUDICIAL DISTRICT ) AFFIDAVIT OF NOTICE OF PROPOSED ADOPTION OF REGULATIONS AND FURNISHING OF ADDITIONAL INFORMATION I, Glenn Haight, Executive Director of the Alaska Board of Fish eries, being sworn, state the following: As required by AS , notice of the proposed adoption of changes to 5 AAC dealing with the commercial salmon fishery in the Yukon Area and Bristol Bay Area, the sport fi shery in the Bristol Bay Area, and the commercial king crab fishery has been given by being (I) published in a newspaper or trade publication; (2) furnished to interested persons; (3) furnished to appropriate state officials; (4) furnished to the Department of Law, along with a copy of the proposed regulations; (5) electronically transmitted to incumbent State of Alaska legislators; (6) furnished to the Legislative Affairs Agency, Legislative Legal and Research Services; (7) posted on the Alaska Online Public Notice System as required by AS (a)(I) and (b) and (a)(I). As required by AS (d), additional regulations notice information regarding the proposed adoption of the regulation changes described above has been furnished to interested persons and those in (5) and (6) of the list above. The additional regulations notice information also has been posted on the Alaska Online Public Notice System. DATE: --::-"' ~i-!,,-d-"'1g!'-,'(--:-'f JUrleau, Alaska Alaska Board of Fisheries SUBSCRIBED AND SWORN TO before me thi S~ ay of,j((u d,jq!.!l. STATE OF ALASKA. OFFICIAL SEAL..' Sunny Haight. : ",.". NOTARY PUBLIC My Commission Expires With Office Notary Public i State of Alask My commission expires: W, ~etff;~

17 STATE OF ALASKA ) ) ss. FIRST JUDICIAL DISTRICT ) AFFIDAVIT OF ORAL HEARING I, Glenn Haight, Executive Director of the Alaska Board of Fisheries, being sworn, state the following: On March 17-21,2014, at the Sheraton Hotel, in the Howard Rock Room, 401 East 6 th Avenue, Anchorage, Alaska, the Alaska Board of Fisheries presided over a public hearing held under AS for the purpose of taking testimony in connection with the adoption of changes to 5 AAC dealing with the commercial salmon fishery in the Yukon Area and Bristol Bay Area, the sport fishery in the Bristol Bay Area, and the commercial king crab fishery. DATE:.:/~g//l( J eau, "Alaska Glenn Haight, Exe tive Director Alaska Board of Fisheries SUBSCRIBED AND SWORN TO before me thi~g ~y of. dad\,tl-o/ '/. STATE OFFICIAL OF ALASKA SEAL.. '.'..... v Sunny Haight.".. ".' NOTARY PUBLIC My Commission Expltes With Office N'~dlbJ- State of Alaska My commission expires:{.v/'f.( o{.p~

18 $ 1, STATE OF ALASKA THIRD JUDICIAL DISTRICT i AFFIDAVIT OF PUBLICATION Joleesa Stepetin being first duly sworn on oath deposes and says that he is a representative of the Anchorage Daily News, a daily newspaper. That said newspaper has been approved by ihe Third judicial Court, Anchorage, Alaska, and it now and has been published in the English language continually as a daily newspaper in Anchorage, Alaska, and it is now and during all said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a I 2 copy of an advertisement as it was. published in regular issues (and not In! supplemental form) of said newspaper ' on November 03,2013 and that such newspaper was regu larly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is not in excess of the rate charged private individuals. r\~ --I, /) Signed //\?JuLo/4IYd/iilu U ) Subscribed and sworn to before me 4th day of 2013 NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA BOARD OF FISHERIES The AlaSKa Board of Fisheries proposes to adopt regulation changes In Title 5 of the Alaska Administrative Code, dealing With fishery and aquatic plant resources in the areas designated below, including the following: A. B. 3.. IN THE COOK INLET {INCLUDING KENAI PENINSULA. KENAI RIVER DRAINAGE. COOK INLET RESURRECTION BAY SAl'TWATER. ANCHORAGE BOWL DRAINAGES. KNIK ARM DRAJNAGES. SUSITNA RIVER DRAINAGE. AND WEST COOK INLET SPORT FISH MANAGEMENT AREASI. KODIAK AND CHIGNIK AREAS FINFISH FISHERIES REGULATIONS; AND STATEWIDE KING AND TANNER CRAB (EXCEPT SOUTHEASTIYAKUTAT AREAS) FISHERIES REGULATIONS: In the commerdal, sporl, guided sport, personal use, and aquollc plant fisheries: fishing seasons, periods, opening and closing times; bag, possession, size, sex, and harvest limits, harvest levels. thresholds or Quo tas; bycatch provisions; districts, subdistricts, sections, subsections, areas and other management boundaries; locations open and closed to Oshing; methods and means gea'r and vessel restrictions, marking. definitions, operational requirements and limitations, registration and perm!t requirements; registration areas (i.ncludlng.exclusive and super exclusive registration areas), permits, harvest record, harvest markln~ reqlj!rements; management plans for conservation, development and allocation among beneficial uses :. guiding prin ciples; require, restnct Of prohibit tile retention, tendering, sale, release, or purchase of fish; methods of release; registration and reporting requirements for fish guides, guided anglers, catchers, processors, buyers and transporters; onboard observer requirements; fish storage and inspection requirements. In the subsistence fisheries (finfish): identify subsistence uses and users; fishing seasons, periods, opening and closing times, harvest levels; methods and means; size, age, and se.x limitations; districts, subdistrlcts, sections, subsections, areas, and other management boundanes; locations open and closed to fishing; gear and vessel restrictions and operational requirements; harvest limits, registration and permit requirements, requirements for marking and possession of fish; management plans for conservation, development and allocation among benefici al uses, and users; Identify customary and traditional uses of fish stocks, determine amounts reasonably necessary for subsistence uses, and establish, change or adjust subsistence and personal use fisheries. The followlng additional topics will be addressed during the CHIGNIK FINFISH Meeting (December ): A. IN THE GENERAL PROVISIONS: In the Board of Fisheries policy for changing board agendas, consider changing the deadline for submitting agenda change requests from 45 to 60 days from the date of the first board meeting in tfle fall. (newly assigned Proposal 368) The following additional topic will be addressed during the KODIAK FINFISH Meeting Vanuary 7 11, 201.): A. IN THE MISCELLANEOUS SHELLFISH COMMERCIAL FISHERY: In the state-waters Weathervane Scallop Management Plan, consider establishing a management plan for an open access weathervane scallop fishery in the waters of Alaska. (newly assigned Proposal formerly ACR8) The following additional topics will be addressed during the STATEWIDE KING AND TANNER CRAS (except Soutfleast / Yakutat) AND SUPPLEMENTAL ISSUES Meeting (March 17 21, 2014): A. IN ALL REGIONS OF THE GROUNOFISH COMMERCIAL FISHERY: In all regions of the Groundfish commercial fishery, consider modifying groundfish possession and landing requirements to specify when groundfish bycatchlevels are assessed on board a vesser. (newly assigned Proposal 370. rormerly ACR1) B. IN THE YUKON AREA FINFISH COMMERCIAL FISHERY. In the Yukon Area salmon management plan, - a, Consider changing dip net size, configuration, or opera tion specifications for the Yukon Area districts 1-3 commercial summer chum salmon nshertes. (newly assigned Proposal form 7rly ACR3) b. Consider allowingand establishing specifications for the use of a lead for commercia! fish wheel operations. (newly assigned Proposal formerly ACR7) c. Consider. removing the exception allowing for dead king salmon to be taken but not retained In theyukon Area Districts 1 ~3 commercial dip net and beach seine summer chum salmon fishery. (newly assigned proposal /ormerty ACR9) C. IN THE BRISTOL SAY FINFISH SPORT FISHE.RY: In the Bristol Bay Sport Fishery, consider modifying the time period the Nushagak RIVer single-hook restriction is in effect. (newly assigned Proposal 374 ~ rormerly ACR12) For a copy of the propos ed regulation Changes contact the Alaska Department 01 Fish and Game, Boards Support Section, P.O. Box , Jltneau, AK , tel. (907) or go to the Internet at: n. You may comment on the regulation changes, including the potential costs to the private persons of complying with the proposed changes, by submitting written pu blic comments limited to no more than 100 single Sided or 50 double sided pages to the Alaska Department of Fish and Game, Boards support section. P.O. Box , Juneau. AK , or by fax to (907) , so that the comments are received no later than two weeks prior to the meeting during wllich the topic will be considered. Unless otherwise specifically specified for a particular meeting in a pubhshed notice, written public comments over 100 single Sided. or SO double sided pages in len2th from RflV nnp inrlivirl"",1 IV Or"',,,.,.. n '... 'n".- _ - ~ -. '.

19 c. ~li1g salmon to be taken bui J\ct,. '~;_;~~it;,'p,:n:;;;:, ~;c,';:; : ~',j;~.~,~irvnet IICij9) and beaell seine sommer chwn IfjlliE BRISTOL BAY f infish SPORy FlSjjeRY: ~n.1i1 e BJisI\ll ~ SP<I'! Fishel}', consltler ntodlfying t)il! time peflo~ t1je U.shagaR RIVer s,liigje'hoqlo resffiction 1. III eflect {newly asslgn~ Pr6p<lsal3L4 - lonnerly "'CR'i2) For a co~ o~ the proposed I'egu,a~OIl changes contac;,jh.. Alas a OflPilrtroent of Fish altd Support Section, P.O. BO:< f lss26, JuneaU, Ali! 998) lei. (907) 46S-4110 or go to the http/lwviw.adfg.ai",slfa.govliildex.cl'mladfg. fl!;ijerlesboaffl.maln. TI!jIffA TIVE MEETING SOlfEDULE " ~ CJilgnik E1hII.b oetembei; 5-6, 2013 Egan Civlc altd Convepti\lf1 center. sss west Fifth Avenue, AQcHorage, I<J( Lo~r Cook Inlet Infb:h 0e<:e!111>er 8-11, 2013 Egan em< and COnvenlion cattter. SSS West Fifth AVelUle. Mcho age, A~ Koc!W< Effin.h Ja~uat\: I l ~, 2014 KodjOk Harbor eorr;ent[on Center. 21 1E. Rezanof Drive, KOdiak, AK ' Upper COote litiet FInfish JanuJW 31 February 13, 2014 Egan Clvic-arKI;conventJon Center. 555 West flfllj AVenue. _""'age. AI( Sfat~wtde Kinx and TJUUler; Crab, BIld S.upplememary I{ems Match SI)ef~on ~ otel ~as l 5lxth Avenue, Anchorage, AK or times, or rescheduling 01 (ories or sliltieci 11]8ttl!r Will b& 10' tn... an1loonceme]1is In the new.; med,, "Or ~a" (907) 465 ~~~~~~~J~~~~~f:i.i;~_~:~~;~;R~:O~~~5s~:rt N_DE X av.i la~ l e r", the meeting lor sljectfic'prop()sal issues 10 be proposal IndIces are fn tile proposal book, available oolllfe at: the relevanl meejing. StBtJ!tOry 4 uthq.rl0': AS ~ AS AS 16J 40 Stalulea Beln&rmpl~fn(t:d, Interpreled,. or Maiie ~p~doe; AS AS 16.20, AS FIi<Allnrof,ni'll'n: TIle proposed regulatory "Iio.os are not elipeeted to egulreau Inerea,SOd appjoprjatipn Date: 11/01/:10.13 Glenn H algh~ Executive OireClor Alaska Board 01 FISheries

20 $ STATE OF ALASKA THIRD JUDICIAL DISTRICT. ~D h ~ I JAN ~ Joleesa Stepetin BOARDS being first duly sworn on oath deposes and says that he is a representative of the Anchorage Daily News, a daily newspaper. That said newspaper has been approved by the Third Judicial Court, Anchorage, Alaska, and it now and has been published in the English language continually as a daily newspaper in Anchorage, Alaska, and it is now and during all said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a copy of an advertisement as it was published in regular issues (and not in supplemental form) of said newspaper on January 16, 2014 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is not in excess of the rate charged private individuals., 0;9 000 ~f{id Subscribed and sworn to before me his 16th day of, January, 2014 /1 SUPPLEMENTAL NOTICE Of PROPOSED CHANGES IN THE REGULATIONS OF THE AlASKA BOARO OF FISHERIES This is a SUPPLEMENrAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued on November , hereby incorporated by reference,concernlng proposed regulation changes in T~1e 5 of the Alaska Administrative Code. This SUPPLEMENTAL NOTICE is being issued to notify the public of the following topic being added to the Board of Fisheries (board) schedule to be considered at the meeting noted: The following additional topic will be addressed at the board s Statewide KinR: and Tanner Crab, and Supplemental Items meeting scheduled for March 17-21, 201~ at the Sheraton Hotel, 401 East 61ft Avenue, Anchorage. Alaska: IN THE BRISTOL BAY FINFISH AREA: Consider amending regulations relating to deployment of set gillnet gear in the Ugashik River to remedy a navigational obstruction In the Ugashik River set gill net salmon fishery. (Newly assigned Proposal formerly ACR 10.) IN TIlE YUKON luver FINFISH AREA, Consider establishing a purse seine fishery on the Yukon River for commercial harvest of Yukon River summer chum salmon In districts 1-3 during times of king salmon conservation, including the gear that may be used, based on an emergency finding (or a Yukon Delta Fisheries Development Association emergency petition. (Newly assigned Proposal 377.) All other provisions posted in the November NOTICE OF PROPOSED CHANGES remain the same, Including the public comment periods and tentative meeting schedule. For a copy of the proposed regulation cha~es, or for a copy of the ' November 1, 2013 NOTICE OF PROPOSED CHANGES. contact the Alaska Department of Fish and Game, Boards Support section, P.O. Box Juneau. AK phone , or access the Internet at: SllItUloryAulhorl", AS AS 16.20; AS Statutes being implemented. Interpreted, or made apedftc: AS PJICa) IDlormaUoQl The proposed regulatory actions are not expected to require an increased appropriation. AO FY14-D9 published: January Date: January 15, 2014 IS/ Glenn Haight Executive Director Alaska Board of Fisheries..:nntdUtfJlluw" -= Notary Pu. in and for The State of Alaska. Third Division Anchorage, Alaska MY COMMISSIO~ EXPIRES CI1/~!(1J/?

21 NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA BOARD OF FISHERlES The Alaska Board of Fisheries proposes to adopt regulation changes in Title 5 of the Alaska Administrative Code, dealing with fishery and aquatic plant resources in the areas designated below, including the following: I. IN THE COOK INLET (INCLUDING KENAI PENINSULA, KENAI RIVER DRAINAGE, COOK INLET-RESURRECTION BAY SALTWATER, ANCHORAGE BOWL DRAINAGES, KNIK ARM DRAINAGES, SUSITNA RIVER DRAINAGE, AND WEST COOK INLET SPORT FISH MANAGEMENT AREAS), KODIAK AND CIDGNIK AREAS FINFISH FISHERlES REGULATIONS; AND STATEWIDE KING AND TANNER CRAB (EXCEPT SOUTHEASTIYAKUTAT AREAS) FISHERIES REGULATIONS: A. In the co=ercial, sport, guided sport, personal use, and aquatic plant fisheries: fishing seasons, periods, opening and closing times; bag, possession, size, sex, and harvest limits, harvest levels, thresholds or quotas; bycatch provisions; districts, subdistricts, sections, subsections, areas, and other management boundaries; locations open and closed to fishing; methods and means; gear and vessel restrictions, marking, definitions, operational requirements and limitations, registration and permit requirements; registration areas (including exclusive and super exclusive registration areas), permits, harvest record, harvest marking requirements; management plans for conservation, development and allocation among beneficial uses; guiding principles; require, restrict or prohibit the retention, tendering, sale, release, or purchase of fish; methods of release; registration and reportiug requirem~llts foi fish gu'ides, guid6d anglers!" catchers, processors;'- buyers and transporters; onboard observer requirements; fish storage and inspection requirements. B. In the subsistence fisheries (fmflsh): identify subsistence uses and users; fishing seasons, periods, opening and closing times, harvest levels; methods and means; size, age, and sex limitations; districts, subdistricts, sections, subsections, areas, and other management boundaries; locations open and closed to fishing; gear and vessel restrictions and operational requirements; harvest limits, registration and permit requirements, requirements for marking and possession of fish; management plans for conservation, development and allocation among beneficial uses, and users; identify customary and traditional uses of fish stocks, determine amounts reasonably necessary for subsistence uses, and establish, change or adjust subsistence and personal use fisheries. 2. The following additional topics will be addressed during the CIDGNIK FINFISH Meeting (December 5-6, 2013): A. IN THE GENERAL PROVISIONS: In the Board of Fisheries policy for changing board agendas, consider changing the deadline for submitting agenda change requests from 45 to 60 days from the date of the first board meeting in the fall. (newly assigned Proposal 368-BGPI) 3. The following additional topic will be addressed during the KODIAK FINFISH Meeting (January 7-11,2014):

22 A. IN THE MISCELLANEOUS SHELLFISH COMMERCIAL FISHERY: In the State Waters Weathervane Scallop Management Plan, consider establishing a management plan for an open-access weathervane scallop fishery in the waters of Alaska. (newly assigned Proposal 369 -formerly ACR8) 4. The following additional topics will be addressed during the STATEWIDE KlNG AND TANNER CRAB (except Southeast / Yakutat) AND SUPPLEMENTAL ISSUES Meeting (March 17-21,2014): A. IN ALL REGIONS OF THE GROUNDFISH COMMERCIAL FISHERY: In all regions of the Groundfish commercial fishely, consider modifying groundfish possession and landing requirements to specify when groundfish bycatch levels are assessed on board a vessel. (newly assigned Proposal 370 -formerly ACRJ) B. IN THE YUKON AREA FINFISH COMMERCIAL FISHERY: In the Yukon Area salmon management plan, - a. Consider changing dip net size, configuration, or operation specifications for the Yukon Area districts 1-3 commercial summer chum salmon fisheries. (newly assigned Proposal 37 J -fonllerly A CR3) b. Consider allowing and establishing specifications for the use of a lead for commercial fish wheel operations. (newly assigned Proposal fol7nerly ACR7) c.con&lc,te.u~!l1qving th~_p'xceptiqn allowing for deadp1!g _ $a.lli),q!ljp_ b~_ \~~l).. but not retained in the Yukon Area Districts 1-3 commercial dip net and beach seine summer chum salmon fishery. (newly assigned Proposal fomlerly ACR9) C. IN THE BRISTOL BAY FINFISH SPORT FISHERY: In the Bristol Bay Sport Fishery, consider modifying the time period the Nushagak River single-hook restriction is in effect. (newly assigned Proposal 374 -formerly ACRJ 2) For a copy of the proposed regulation changes contact the Alaska Department of Fish and Game, Boards Support Section, P.O. Box , Juneau, AK , tel. (907) or go to the Internet at: You may comment on the regulation changes, including the potential costs to the private persons of complying with the proposed changes, by submitting written public comments limited to no more than 100 single sided or 50 double sided pages to the Alaska Department of Fish and Game, Boards Support Section, P.O. Box , Juneau, AK , or by fax to (907) , so that the comments are received no later than two weeks prior to the meeting during which the topic will be considered. Unless otherwise specifically specified for a particular meeting in a published notice, written public comments over 100 single sided or 50 double sided pages in length from anyone individual or group relating to proposals at anyone meeting will not be accepted. Written public conunents limited to 10 single sided or 5 double sided pages in length from anyone individual or group will also be accepted after the two-week deadline, but will not be inserted in board member workbooks until the begitming of the meeting, and will only be accepted until the board begins deliberation of proposals. ADDITIONAL PUBLIC COMMENT STANDARD: Once deliberation of proposals begin at a board meeting, the board will ONLY accept written public comments that are not more than five

23 single-sided pages, or the equivalent double-sided pages, unless specific information is requested by the board that requires more pages than allowed under this standard. During the meeting written public comments from anyone individual or group may be submitted by hand delivery at any time if 27 copies are provided; but, as a practical matter comments submitted after the board begins deliberations on relevant proposals are likely to receive less consideration than comments submitted earlier. Oral comments may also be presented as explained below. Each meeting will generally start at 8:30 a.m. on the first day of the meeting dates noted below. The public hearing portions for each regulatory meeting will begin immediately after staff reports and continue until everyone who has signed up and is present has been given the opportunity to be heard. Additional public hearings with Board Committees may be held throughout the meeting before consideration and adoption of proposed changes in the regulations for the various areas. An agenda will be posted daily during the meeting. The board will take oral testimony onl y from those who register before the cut-off time announced by the board chair at each regulatory meeting. The length of oral statements may be limited to five minutes or less. Anyone interested in, or affected by, the subject matter contained in this legal notice should make written or oral comments if they wish to have their views considered by the board. TENTATIVE MEETING SCHEDULE Chignik Finfish December 5-6, 2013 Egan Civic and -Convention Center, 555 West Fifth Avenue, Allchorage, AK Lower Cook Inlet Finfish December 8-11, 2013 Egan Civic and Convention Center, 555 West Fifth Avenue, Anchorage, AK Kodiak Finfish January 7-11,2014 Kodiak Harbor Convention Center, 211 E. RezanofDrive, Kodiak, AK Upper Cook Inlet Finfish January 3 I-February 13,2014 Egan Civic and Convention Center, 555 West Fifth Avenue, Anchorage, AK Statewide King and Tanner Crab, and Supplementary Items March 17-21,2014 Sheraton Hotel, 401 East Sixth Avenue, Anchorage, AK Any changes to meeting locations, dates or times, or rescheduling of topics or subject matter will be announced by news release. Please watch for these announcements in the news media or call (907) Please carefully review the PROPOSAL INDEX available for the meeting for specific proposal issues to be addressed by the board. Copies of the proposal indices are in the proposal book, available online at: and at the relevant meeting. Anyone interested in or affected by subsistence, personal use, commercial fishing, sport, guided sport, or regulations is hereby informed that, by publishing this legal notice, the Board of Fisheries

24 may consider any or all of the subject areas covered by this notice. Under AS (b), the board may review the full range of activities appropriate to any of the subjects listed in this notice. The board may make changes to the personal use, sport, guided sport or commercial fishing regulations as may be required to ensw e the subsistence priority in AS On its own motion, after public hearing, the board may adopt, amend, reject, supplement, or take no action on these subjects without further notice. In addition, the board may adopt other regulations necessary to implement, administer, or enforce the regulations adopted. THE BOARD IS NOT LIMITED BY THE SPECIFIC LANGUAGE OR CONFINES OF THE ACTUAL PROPOSALS THAT HAVE BEEN SUBMITTED BY THE PUBLIC OR STAFF. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURlNG THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. If you are a person with a disability who may need a special accommodation in order to participate in the process on the proposed regulations, please contact Glenn Haight at (907) no later than two weeks prior to the beginning of each meeting to ensure that any necessary accommodations can be provided. Statutory Authority: AS AS 16.20, AS Statutes Being Implemented, Interpreted, or Made Specific: AS AS 16.20, AS Fiscal Information: The proposed regulatory <,Ictions are not expected to require nn increased appropriation. Glenn Haight, Executive Director ~- ~-,.~""" ~ ' ) - '.~. " Alaska Board of FisherIes Date - '-,... - "'.

25 ADDITIONAL REGULATIONS NOTICE INFORMATION (AS (d)) I. Adopting Agency: Alaska Board of Fisheries. 2. General subject of regulations: IN THE COOK INLET (INCLUDING KENAI PENINSULA, KENAI RIVER DRAINAGE, COOK INLET -RESURRECTION BAY SALTWATER, ANCHORAGE BOWL DRAINAGES, KNIK ARM DRAINAGES, SUSITNA RIVER DRAINAGE, AND WEST COOK INLET SPORT FISH MANAGEMNET AREAS), KODIAK AND CHIGNIK AREAS FINFISH FISHERlES REGULATIONS; STATEWIDE KING AND TANNER CRAB (EXCEPT SOUTHEASTN AKUT AT AREAS) FISHERlES REGULATIONS; AND SUPPLEMENTAL ISSUES, INCLUDING GENERAL PROVISIONS, COMMERCIAL SCALLOP AND GROUNDFISH FISHERIES IN THE STATE, COMMERCIAL SALMON FISHERlES IN THE YUKON AREA, AND SPORT FISHERY IN THE BRlSTOL BAY AREA. 3. Citation of regulations: 5 AAC 0 I - 5 AAC Reason for proposed actions: Implement, intel]lret, or make specific the provisions of AS AS Department of Law file number (if any): m Chignik Finfish m Lower Cook Inlet Finfish m20! K{)(,iiak Finfish m Upper Cook Inlet Finfish m Statewide King and Tanner Crab (except SoutheastNakutat) 6. Program category and RDU affected: Natural Resources and all RDUs. 7. Cost of implementation to the state agency and available funding: It is not possible to estimate the costs. However, these actions are not expected to require any additional costs. 8. The name of the contact person for the regulations: Glenn Haight, Executive Director Alaska Board of Fisheries PO Box Juneau, AK (907) glenn.haight@alaska.gov 9. The origin ofthe proposed action: [X] staff or state agency [Xl general public 10. Date: October 31, 2013 Prepared by: M 4;,iJ. Glenn Haight, Executive Director Alaska Board of Fisheries (907)

26 SUPPLEMENTAL NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA BOARD OF FISHERIES This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued on November 1, 2013, hereby incorporated by reference, concerning proposed regulation changes in Title 5 of the Alaska Administrative Code. This SUPPLEMENTAL NOTICE is being issued to notify the public of the following topic being added to the Board of Fisheries (board) schedule to be considered at the meeting noted: The following additional topic will be addressed at the board's Statewide King and Tanner Crab, and Supplemental Items meeting scheduled for March 17-21, 2014 at the Sheraton Hotel, 401 East 6 th A venue, Anchorage, Alaska: IN THE BRISTOL BAY FINFISH AREA: Consider amending regulations relating to deployment of set gillnet gear in the Ugashik River to remedy a navigational obstruction in the Ugashik River set gill net salmon fishery. (Newly assigned Proposal 375 -formerly ACR 10.) IN THE YUKON RIVER FINFISH AREA: Consider establishing a purse seine fishery on the Yukon River for commercial harvest of Yukon River summer chum salmon in districts 1-3 during times of king salmon conservation, including the gear that may be used, based on an emergency finding for a Yukon Delta Fisheries Development Association emergency petition. (Newly assigned Proposal 377.) All other provisions posted ill the: November 1,2013 NOTICE OF PROPOSED CHA1... GES remain the same, including the public comment periods and tentative meeting schedule. For a copy of the proposed regulation changes, or for a copy of the November I, 2013 NOTICE OF PROPOSED CHANGES, contact the Alaska Department of Fish and Game, Boards Support Section, P.O. Box , Juneau, AK , phone , or access the Internet at: Statutory Authority: AS AS 16.20; AS Statutes being implemented, interpreted, or made specific: AS Fiscal Information: appropriation. Date: January 15,2014 The proposed regulatory actions are not expected to require an increased Glenn Haight, Executive Director Alaska Board of Fisheries

27 ADDITIONAL REGULATIONS NOTICE INFORMATION (AS (d)) 1. Adopting Agency: Alaska Board of Fisheries. 2. General subject of regulation: In the Bristol Bay Area, remedy navigational hazard in the Ugashik River set gillnet fishery, and in the Yukon River Area, develop purse seine fishery. 3. Citation of regulations: 5 AAC ; 5 AAC ; 5 AAC Reason for proposed action: Implement, interpret, or make specific the provisions of AS AS Department of Law file number (if any): JU Statewide King and Tanner Crab (except SoutheastIYakutat). 6. Appropriation/Allocation: Natural Resources and all RDUs. 7. Cost of implementation to the state agency and available funding: These actions are not expected to require any additional costs. 8. The name of the contact person for the regulations: Glenn Haight, Executive Director Alaska Board of Fisheries PO Box Juneau, AK (907) The origin of the proposed action: staff of state agency federal government general public --L pelilion for regulation change olher (please list) 10. Date: January 15,2014 Prepared by: JjL ~ Glenn Haight, Executive Director Alaska Board of Fisheries (907)