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Office of the Lieutenant Governor Memorandum Byron Mallott Lieutenant Governor 530 West 7th Ave, Suite 1700 State Capitol Anchorage, Alaska 99501 Juneau, Alaska 99811 907.269.7460 907.465.3520 [email protected] WWW.L TGOV.ALASKA.GOV OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM TO: Shellene Hutter Department of Fish and Game FROM: Scott Meriwether, Office of the Lieutenant Governor Cfr' 465.4081 DATE: May 18, 2018 RE: Filed Permanent Regulations: Board of Fisheries Board of Fisheries Regulations re: Jan 15 - 23, 2018 Sitka Meeting: Southeast and Yakutat Finfish Fisheries (5 AAC 01.670 - 5 AAC 77.683) Attorney General File: JU201720512(Part1) Regulation Filed: 5/18/2018 Effective Date: 6/17/2018 Print: 226,July 2018 cc with enclosures: Linda Miller, Department of Law Judy Herndon, LexisNexis ORDER CERTIFYING THE CHANGES TO REGULATIONS OF THE ALASKA BOARD OF FISHERIES The attached 30 pages of regulations, dealing with finfish fisheries in southeast Alaska are certified to be a correct copy of the regulation changes that the Alaska Board of Fisheries adopted at its January 15-23 meeting in Sitka, Alaska, under the authority of AS 16.05.251 and after compliance with the Administrative Procedure Act (AS 44.62), specifically including notice under AS 44.62.190 and 44.62.200 and opportunity for public comment under AS 44.62.210. 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 44.62.180. DATE: Juneau, Alaska Charles 0. Swanton, Deputy Commissioner Department of Fish and Game FILING CERTIFICATION yron Mallott, Lieutenant Governor for the State of Alaska, certify that on --''-""""......,.._.... ______, 2018 at \tr{) tt .m., I filed the attached regulations according to the of AS 44.62.040 - 44.62.120 . Effective: .:IL-\ne. 17.I Jor5 . Register: 2 2 b ,. :ftA.C l ;;o 18' STATE OF ALASKA DEPARTMENT OF DEPARTMENT OF FISH AND GAME P.O. BOX 115526 JUNEAU, ALASKA 99811 DELEGATION OF AUTHORITY UNDER AS 44.17.0lO, THE AUTHORITY AND RESPONSIBILITY FOR ADOPTING REGULATIONS OF THE DEPARTMENT OF FISH AND GAME UNDER THE ALASKA ADMINISTRATIVE PROCEDURE ACT ARE DELEGATED TO CHARLES 0. SWANTON, DEPUTY COMMISSIONER. SIGNED: SAMCOTIEN (Please print name) SIGNED AND SWORN TO before me this ---2 [NOTARY SEAL] tm ·P ,. ic in and for the ~~ c:~::~;n expires: -14/JA o.(f{UL STATE. OF ALASKA ... .r..;i OFFICIAL SEAL .~ . Acey smith : ,,. : ~·, _ I NOTARY PUBLI~ : IMy Commission EXP!~~~ . :~I Cl._ Register 22_L, ~Jt__.._.1.A -=L __ 2018 FISH AND GAME 7 Title 5. Fish and Game. Chapter 01. Subsistence Finfish Fishery. Article 13. Yakutat Area. 5 AAC 01.670 is amended by adding a new subsection to read: (e) In Yakutat Bay, a subsistence salmon fishing permit holder shall attend the permit holder's gillnet at all times when it is being used to take salmon from April 1 through May 31 . (In effect before 1986; am 4/18/86, Register 98; readopt 5/15/93, Register 126; am 4/15/94, Register 130; am 8/23/2009, Register 191; am 7/1/2015, Register214; am __f_/17/ 2018, Register~ ) Authority: AS 16.05 .251 AS 16.05.258 Chapter 27. Herring Fishery. Article 4. Southeastern Alaska Area (Registration Area A). 5 AAC 27.1 lO(b)(l)(C) is repealed: (C) repealed_ 0_/_1L2018; 5 AAC 27.1 lO(b)(l)(F) is repealed: (F) repeal~d~_!l_2018; (In effect before 1983; am 4/16/83, Register 86; am 12/29/84, Register 92; am 3/16/89, Register 109; am 6/25/89, Register 110; am 5/2/92, Register 122; am 4/24/97, Register 142; am 1/29/98, Register 145; am 10/12/2000, Register 156; am 3/11/2001, Register 157; am 4/24/2003, Register 166; am 4/24/2009 Register 190· am 7/ 13/20 12 Register 203; am __llJ.7_12018, Register 22b ) 1 Register 22b , .:Iv.(j 2018 FISH AND GAME Authority: AS 16.05.060 AS 16.05.251 5 AAC 27.150(7) is amended to read: (7) District 13, in the waters enclosed by a line extending from a point on the Baranoflsland shore at the O'Connell Bridge at 57° 02.87' N. lat., 135° 20.33' W. long., to the northernmost point of Aleutski lsland at 57° 02.74' N. lat., 135° 20.46' W. long., to the westernmost point of Makhnati Island at 57° 02.40' N. lat., 135° 23.48' W. long., to Bieli Rocks at 57° 05.42' N. lat., 135° 29.98' W. long., to the northwestern point of Crow Island at 57° 06.96' N. lat., 135° 28.57' W. long., to the westernmost point of Big Gavanski Island at 57° 08.11' N. lat., 135° 26.13' W. long., to the northernmost point of Big Gavanski Island at 57° 08.49' N. lat., 135° 25.21' W. long., to the Baranof Island shore at Harbor Point at 57° 07.59' N. lat., 135° 23.37' W. long. [NORTH AND WEST OF THE ELIASON HARBOR BREAKWATER AND MAKHNATI ISLAND CAUSEWAY FROM THE WESTERNMOST TIP OF MAKHNATI ISLAND TO THE EASTERNMOST POINT ON BIELI ROCK TO THE SOUTHERNMOST TIP OF GAGARIN ISLAND TO A POINT ON THE EASTERN SHORE OF CROW ISLAND AT 57° 06.43' N. LAT., 135° 28.27' W. LONG. TO A POINT ON THE WESTERN SHORE OF MIDDLE ISLAND AT 57° 06.41' N. LAT., 135° 28.11' W. LONG. TO A POINT ON THE SOUTHEASTERN SHORE OF MIDDLE ISLAND AT 57° 05.56' N .LAT., 135° 26.23' W. LONG. TO THE GREEN NAVIGATION MARKER NORTHEAST OF KASIANA ISLAND, TO THE BARANOF ISLAND SHORE AT 57° 05.26' N. LAT., 135° 22.95' W. LONG.] (In effect before 1984; am 12/29/84, Register 92; am 1/29/98, Register 145; am 4/24/2003, Register 166; am 7/13/2012, Register 203; am 9/7/2012, Register 203; am __f_JJJ_/2018, Register :216 ) Authority: AS 16.05.251 2 Register 2Zb , .T"'-lj 2018 FISH AND GAME S AAC 27. l 85(b) is amended to read: (b) In Sections 3-B, 12-A, and 13-C, and District 7, a herring spawn-on-kelp CFEC permit holder may jointly operate an open pound with one or more other herring spawn-on-kelp CFEC permit holders and a closed pound with up to two other herring spawn-on-kelp CFEC permit holders. A permit holder operating an open pound may use fronds or individual kelp blades in the open pound, but may not use both during a fishing season. The department may close fishing with one or more pound types in (c) and (dd)(2) of this section to avoid exceeding the guideline harvest Jcvel. S AAC 27.185(f)(l) is amended to read: (1) in Section 3-B, in the waters of the Gulf of Esquibel, San Alberto Bay, Shinaku Inlet, and San Christoval Channel south of the latitude of the northern mo t tip of t. Phillips island at 55° 39.31' N. lat., 133° 25.12' W. long., cast of a line from the northernmost tip of St. Phillips Island to the northernmost tip of Point Garcia at 55° 33.65' N. lat., 133° 26.47' W. long., and north of a line from Entrance Point to the southernmost tip of Clam Island to the southernmost tip of Fern Point and east of 133° 20' W. long.; Publisher: The remainder of 5 AAC 27. l 85(f)(l) is unchanged. (Eff. 6/25/89, Register 110; am 4/30/91, Register l 18; am 4/23/94, Register 130; am 1129/98, Register 145; am 911012000, Register 155; am 3/11/2001, Register 157; am 4/24/2003, Register 166; am 4/2/2006, Register 177; am 4/24/2009, Register 190; am 7/13/2012, Register 203; am 71112015 Register 214· am -~_llZJ2018 Register 2t'- ) Authority: AS 16.05.060 AS 16.05.251 3 Register -2..2.£,._, , JlA- ~ 2018 FISH AND GAME Chapter 28. Groundfish Fishery. Article 4. Eastern Gulf of Alaska Area (Registration Area A). 5 AAC 28.11 O(a)(2) is amended to read: (2) in the Southern Southeast Inside Subdistrict, from 8:00 a.m. June 1 until 12:00 noon November [AUGUST] 15 [WITH LONGLINE GEAR, AND FROM 8:00 A.M. SEPTEMBER 1UNTIL12:00 NOON NOVEMBER 15 WITH POT GEAR]. (Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 5/29/93, Register 126; am 4/15/94, Register 130; am 7/23/94, Register 131; am 6/15/97, Register 142; am 6/3/2000, Register 154; am 7/18/2003, Register 167; am 7113/2012, Register 203· am ~/JJ_n 018, Register 22C,) Authority: AS 16.05.251 5 AAC 28. l 30(f) is amended to read: (f) In the Eastern Gulf of Alaska Area, pots may not be longlined, except that pots may be longlined in the Southern Southeast Inside Subdistrict sablefish fishery. At least one buoy on each groundfish pot must be legibly marked with only the permanent department vessel license plate number of the vessel operating the gear. The number must be placed on the top one-third of the buoy in numerals at least four inches high and one-half inch wide, must be in a color contrasting to the color of the buoy, and must be visible above the water surface when the buoy is attached to the groundfish pot.
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