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. If groundfish pots are longlined under this subsection, a buoy is not required for each pot, but at least one buoy must be attached to the longline, and the buoy must be marked as described in this subsection. In a directed fishery for sablefish, pots used to
4 Register --21(, tJ{A. LJ 2018 FISH AND GAME take sablefish must have at least two circular escape rings with a minimum inside diameter of four inches instaHed on opposing vertical or sloping walls.
(Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 4/15/94, Register 130; am 6/15/97,
Register 142; am 6/14/2000, Register 154; am 7/5/2000, Register 155; am 7/14/2000, Register
155; am 7/18/2003, Register 167; am 7113/2012, Register 203; am 5/9/2015, Register 214; am
_{_; J_Jj2018, Register 2.Z(,p )
Authority: AS 16.05 .251
5 AAC 28.170 is amended by adding a new subsection to read:
(!) Notwithstanding 5 AAC 28.180(c), the holder ofa CFEC permit or interim use permit for sablefish may possess live sablefish for delivery as a live product except that, upon request of a local representative of the department or law enforcement, a permit holder must present sablefish for inspection and allow biological samples to be taken. (Eff. 7/30/89, Register 111; am
4130191, Register 118; am 4/15/94, Register 130; am 7/23/94, Register 131; am 6/15/95, Register
134; am 6/15/97, Register 142; am 11/20/97, Register 144; am 7/18/2003, Register 167; am
8/16/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am
__E_j 17 /2018, Register 22&; )
Authority: AS 16.05.251
5 AAC 28.171(d) is amended to read:
( d) In the Southeast District east of 13 7° W. long., a vessel or CFEC permit holder may not take or possess on board the vessel, or deliver· [SELL] more than 6,000 pounds [(BLED
WEIGHT)] of demersal shelf rockfish (whole or bled weight) in any five-day period. All
5 Register JZ6 , \,,, Ti.11. l '/ 2018 FISH AND GAME demersal shelf rockfish taken in excess of 6,000 pounds (whole or bled weight) by a vessel or
CFEC permit holder in any five-day period must be weighed and reported on an ADF&G fish ticket as a trip limit overage. All proceeds from the sale of demersal shelf rockfish in excess of
6,000 pounds (whole or bled weight) shall be surrendered to the state.
5 AAC 28.17l(e) is amended to read:
(e) In the East Yakutat Section, a vessel or CFEC permit holder may not take or possess on board the vessel, or deliver [SELL] more than 8,000 [12,000] pounds [(BLED
WEIGHT)] of demersal shelf rockfish (whole or bled weight) in any five-day period. All demersal shelf rockfish taken in excess of 8,000 [12,000] pounds (whole or bled weight) by a vessel or CFEC permit holder in any five-day period must be weighed and reported on an
ADF&G fish ticket a a trip limit overage. All proceeds from the sale of demersal shelf rockfish in excess of 8,000 [ 12,000] pounds (whole or bled weight) shall be surrendered to the state.
(Eff. 4115/94, Register 130; am 6/15/97, Register 142; am 7/5/2000, Register 155; am 7114/2000,
Register 155; am 7118/2003, Register 167; am 7/26/2003, Register 167; am 5/31/2009, Register
190.; am ~1.!...:/_12 018 Register 22b )
Authority: AS 16.05.060 AS 16.05.251
5 AAC 28.190(1) is amended to read:
(1) except for sablefish, lingcod, thomyhead, shortraker, rougheye, and yelloweye rockfish, groundfish may be taken at any time; sablefish, lingcod, thomyhead, shortraker, rougheye, and yelloweye rockfish may not be taken for bait or used for bait, except
6 Register --2U_, (Eff. 7/30/89, Register 111; am 4/30/91, Register 118; am 4/15/94, Register 130; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 7/13/2012, Register 203; am _.f./j_J_j2018 Register 2 2?; ) Authority: AS 16.05 .251 Chapter 29. Salmon Troll Fishery. Article 5. Fishery Management Plans. 5 AAC 29 .1 OO(i)(2) is amended to read: (2) from August 7 through September 20, salmon may not be taken in waters bounded on the west by the three-nautical-mile limit of the territorial sea and on the north by a line extending seaward from 59° 30.49' N. lat., 139° 46.58' W. long.1 [AND] intersecting the three-nautical-mile limit at 59° 28.65' N. lat., 139° 51.17' W. long.1 and on the south by a line extending seaward from 59° 21.07' N. lat., 139° 19.73' W. long., and intersecting the three uautical-mile limit at 59° 19.14' N lat., 139° 24.83' W. long. [59° 20.30' N. LAT., 139° 16.50' W. LONG. AND INTERSECTING THE THREE-NAUTICAL-MILE LIMIT AT 59° 18.25' N. LAT., 139° 21.94' W. LONG.] (Eff. 10/1/98, Register 147; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 7/1/2015, Register 214; am _k_l_JJ_/2018, Register 22'2) 7 Register 22.IP , 1..:T1A. lj 2018 FISH AND GAME Authority: AS 16.05.060 AS 16.05.251 5 AAC 29.110 is amended by adding a new subsection to read: (e) Notwithstanding the provisions of this section, the department may, for the purpose of allowing the troll fleet to harvest enhanced coho salmon, and in consultation with hatchery operators, define areas where coho salmon retention is permitted during closures under (b) of this section. (Eff. 10/1/98, Register 147; am 611412000, Register 154; am 7/26/2003, Register 167; am 7/13/2012, Register203; am _1_1_!.l/ 2018, Register 22(o ) Authority: AS 16.05.060 AS 16.05.251 5 AAC 29.112(b)(l) is amended to read: ( 1) in the waters of Sitka Sound and the Eastern Channel east of a line from Vitskari Rock Light to Inner Point, south of a line from Inner Point to Black Rock at 57° 03.12' N. lat., 135° 25.63' W. Jong., to Signal Island Light at 57° 02.78' N. lat., 135° 23.58' W. long., and north of a line from Cape Burunof at 56° 59.03' N. lat., 135° 23.23' W. long., to Kulichkof Rock at 56° 59.52' N. lat., 135° 26.62' W. long., to Vitskari Rock Light; 5 AAC 29. l l 2(b) is amended by adding a new paragraph to read: (3) in the portions of Crawfish Inlet east of 135° 11.05' W. long., as determined by the department for conservation management reasons. (Eff. 6/14/2000, Register 154; am 3/11/2001, Register 157; am 7(26/2003, Register 167; am _f}J2 _12018, Register 2.Zft> ) Authority: AS 16.05.060 AS 16.05.251 8 Register 22 &:, , 1,,_Tut lJ 2018 FISH AND GAME The heading for 5 AAC 29.114 is changed to read: Districts 9, 10, 12 and 14 [District 12 and District 14] Enhanced Chum Salmon Troll Fisheries Management Plan. 5 AAC 29.l 14(a) is amended to read: (a) The purpose of the management plan in this section is to give the department direction for the orderly development of enhanced chum salmon troll fisheries during the directed troll fisheries in Cross Sound, Icy Strait, [AND] Northern Chatham Strai ~ and in the waters of /I Districts 9 and 10 enclosed by a line extending from approximately one mile north of Cornwallis Point Light at 56° 56.80' N. lat., 134° 16.43' W. long., to Pinta Rocks Light at 57° 05.15' N . .lat., 134° 00.76' W. long., to Cape Bendel at 57° 04.27' N. lat., 134° 00.76' W. long., while providing for the conservation of wild stocks. 5 AAC 29.l 14(d) is amended to read: (d) Participants in Districts [DISTRICT] 9, 10, 12.i. and [DISTRICT] 14 enhanced chum salmon troll fisheries shall comply with the following retention and recordkeeping requirements: ( 1) the operator of a salmon troll vessel shall keep the fish caught in each enhanced chum salmon fishery area separate from any other fish on board the vessel; (2) a fish buyer shall separate fish caught in each enhanced chum salmon fishery area until delivered to the port of landing and shall issue a separate fish ticket for fish caught in each enhanced chum salmon fishery area,;,[.] /:\ (3) A person may not have king salmon on board a salmon troll vessel when /\ fishing in an area closed to king salmon retention. 9 Register --2:Z..b._, Jylf 2018 FISH AND GAME 5 AAC 29. l 14(e) is repealed: (e) Repealed_~_/_!__]__2018. (Eff. 7113/2012, Register 203; am 5/9/2015, Register 214; am __£_; 17 12018 , Register 22b ) Authority: AS 16.05.060 AS 16.05.251 Chapter 30. Yakutat Area. Article 3. Salmon Fishery. 5 AAC 30.345(e) is repealed: (e) Repealed_ <;_ ; _1_1_2018. (Eff. 7/13/2012, Register 203; am 5/9/2015, Register 214; am ~/ _i_Z_/2018, Register) Authority: AS 16.05.251 5 AAC 30.350(a)(2) is amended to read: (2) Situk River: upstream of a line from the ADF&G regulatory marker located on the western bank of the Situk River mouth near the Yakutat Seafoods buying station, to an ADF&G regulatory marker buoy anchored in the channel directlv off the mouth of the Situk River, [HOGGISH POINT SOUTHEAST TO AN ADF&G REGULATORY MARKER ON THE OPPOSITE BANK OF THE SITUK RIVER CHANNEL] to an ADF&G regulatory marker on the cut bank on the eastern side of the mouth of Johnson Sloug ~ A (In effect before 1986; am 4/18/86, Register 98; am 6/25/89, Register 11 O; am 6/28/97, Register 142; am 10/1 /98, Register 147; am 3/11/2001, Register 157; am 7/13/2012, Register 203; am 51912015, Register 214; am ~J.1..! 2018, Register) 10 Register ~ . , Tvd J 2018 FISH AND GAME Authority: AS 16.05.060 AS 16.05.251 Chapter 33. Southeastern Alaska Area. Article 3. Salmon Fishery. 5 AAC 33.33 l(d) is amended to read: (d) In Districts~ 8, 11, and 15, through the fourth Saturday in July [JUNE], the commissioner may, by emergency order, establish fishing periods during which the maximum gillnet mesh size is six inches. (In effect before 1982; am 7/25/82, Register 83; am 4/28/84, Register 90; am 5/31/85, Register 94; am 4/18/86, Register 98; am 6/10/87, Register I 02; am 4/2/88, Register I 05; am 6/25/89, Register 110; am 4/30/91, Register 118; am 4/23/94, Register 130; am 6/28/97, Register 142; am 611412000, Register 154; am 7 /26/2003, Register 167; em am 4/13/2005 - 8/10/2005, Register 174; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/13/2012, Register203; am 5/9/2015, Register 214; am 7/1/2015, Register 214; em am 5/1/2017 - 8/28/2017, Register 222; am ~J_l_/2 018 , Registe. r 2?~ ) Authority: AS 16.05.060 AS 16.05.251 5 AAC 33.350(m)(l 3) is amended to read: (13) Whitewater Bay: waters within a line from Point Caution to 57° 15.62' N. lat., 134° 36.79' W. long.; [50° 15.62' N. LAT., 134° 36.42 W. LONG] (In effect before 1982; am 4/14/82, Register 82; am 5/31/85, Register 94; am 4/18/86, Register 98; am 6/13/92, Register 122; am 4/23/94, Register 130; am 6/28/97, Register 142; am 10/1/98, 11 Register --22JL, , TtA (/ 2018 FISH AND GAME Register 147; am 3/11/2001, Register 157; em am 4/13/2005 - 8/10/2005, Register 174; am 5/26/2006, Register 178; am 5/9/2015, Register 214; am 7/112015, Register 214; am _f_; 1712018, Register 226 ) Authority: AS 16.05.060 AS 16.05.251 5 AAC 33.366(a)(2) is amended to read: (2) Through the 2020 season, the department shall close the seine fishery in District 12 north of Point Marsden [DURING JULY] after 15,000 wild sockeye salmon are harvested by seine vessels that the department identifies as taken north of Point Marsden when other areas are open concurrently tlirough July 22 [TAKEN, AS DESCRIBED IN THIS PARAGRAPH]; hatchery-produced sockeye salmon. will not count against the 15.000 wild sockeye salmon harvest limit; during the openings, the department will use aerial flyovers, on-the-ground sampling, interviews, and fish tickets to estimate the sockeye salmon harvest north of Point Marsden [IN DISTRICT 12 AND IN THE AMALGA HARBOR SPECIAL HARVEST AREA IN DISTRICT 11; HATCHERY-PRODUCED SOCKEYE SALMON WILL NOT COUNT AGAINST THE 15,000 SOCKEYE SALMON HARVEST LIMIT; THE WILD SOCKEYE SALMON HARVEST THAT WILL COUNT AGAINST THE 15,000 SOCKEYE SALMON LIMIT UNDER THIS PARAGRAPH IS AS FOLLOWS: (A) ALL WILD SOCKEYE SALMON HARVESTED BY SEINE VESSELS THAT THE DEPARTMENT IDENTIFIES AS FISHING NORTH OF POINT MARSDEN IN DISTRICT 12 DURING ANY JULY FISHING PERIOD WHEN OTHER AREAS ARE OPEN CONCURRENTLY; AND 12 Register ~ . '- J (B) THROUGH THE 2017 SEASON, UP TO 2,000 WILD SOCKEYE SALMON HARVESTED IN COMMON PROPERTY FISHERIES IN THE AMALGA HARBOR SPECIAL HARVEST AREA IN DISTRICT 11 WHEN THE ENTIRE COMMON PROPERTY HARVEST AREA IS OPEN]. (Eff. 6/25/89, Register 110; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/9/20 15 Register 214; am 7/ 1/2015, Register 214; am ~l]_j 2018, Register 22Gr, ) Authority: AS 16.05.060 AS 16.05.251 5 AAC 33.376(b)(l)(B) is amended to read: (B) except as specified in (C) and (D) of this paragraph, the time ratio for gillnet openings to seine openings is two to one; 5 AAC 33.376(b)(l)(C) is amended to read: (C) for the 2018 season, the time ratio for gillnet opening · to seine openings is one to two [FOR THE 2015 - 2017 SEASONS, FROM THE THIRD SUNDAY IN JUNE THROUGH STATISTICAL WEEK 30, THE TIME RATIO FOR GILLNET OPENINGS TO SEINE OPENINGS IS ONE TO ONE, EXCEPT THAT DURING THE 2016 AND 2017 SEASONS IF THE POSTSEASON PRELIMINARY ENHANCED SALMON HARVEST VALUE DATA FROM THE PREVIOUS SEASON INDICATES THE SEINE GEAR GROUP IS WITHIN THAT GROUP'S ENHANCED SALMON ALLOCATION PERCENTAGE RANGE, BASED ON THE FIVE-YEAR ROLLING AVERAGE AS DESCRIBED IN 5 AAC 33.364, THE TIME RATIO FOR GILLNET OPENINGS TO SEINE OPENINGS IS TWO TO ONE FOR THE ENTIRE SEASON]; 13 Register ~ ' ~ 2018 FISH AND GAME Publisher: The remainder of 5 AAC 33.376(b)(l)(C) is unchanged. 5 AAC 33.376(b)(I) is amended by adding a new subparagraph to read: (D) for the 2019 and 2020 seasons, the time ratio for gillnet openings to seine openings is one to one; 5 AAC 33.376(b)(3) is amended to read: (3) the commissioner may [SHALL] close the seasons in the waters described in this subsection to trolling during hatchery cost recovery periods; (Eff. 4130191, Register 118; am 4/23/94, Register 130; am 6/28/97, Register 142; am 6/14/2000, Register 154; am 311112001, Register 157; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7113/2012, Register 203; am 5/9/2015, Register 214; am ~lzJ2018, Register zz..k) Authority: AS 16.05.060 AS 16.05.251 5 AAC 33 is amended by adding a new section to read: C rro 11 9" 5 AAC 33.379. District 1: CftfFoflnlet Terminal Harvest Area Salmon Fishery A Management Plan. (a) This management plan distributes the harvest of hatchery-produced king salmon in the Carroll Inlet Terminal Harvest Area between the purse seine, troll and drift gillnet fleets. (b) The department, in consultation with the Southern Southeast Regional Aquaculture Association (SSRAA), shall, by emergency order, manage the Carroll Inlet Terminal Harvest Area from June 1 through July 1 to provide for the harvest of hatchery-produced king salmon by Co..rro \ l troll, purse seine, and drift gillnet gear. The €tm orfnlet Terminal Harvest Area consists of the /\ 14 Register Z? ~ , , Tu. ,7 2018 FISH AND GAME waters of Carroll Inlet north of the latitude of Nigelius Point at 55° 33 .50' N. lat., 131° 21.14 W. long. ( c) A drift gillnet operated in the terminal harvest area may not exceed 200 fathoms in length. (Eff. _.!E._1J1j20l 8, Register 22b) Authority: AS 16.05 .060 AS 16.05 .251 5 AAC 33 is amended by adding a new section to read: 5 AAC 33.380. District 13: Crawfish Inlet Terminal Harvest Area Salmon Management Plan. (a) This management plan provides for the harvest of hatchery-produced king and chum salmon in the Crawfish Inlet Terminal Harvest Area by the troll fleet. (b) The department, in consultation with the Northern Southeast Regional Aquaculture Association (NSRAA), shall, by emergency order, open and close the Crawfish Inlet Terminal Harvest Area to provide for the harvest of hatchery-produced king and chum salmon by troll gear. (c) The Crawfish Inlet Terminal Harvest Area consists of the waters east of a line from 56° 44.16' N. lat., 135° 15.80' W. long., to 56° 43.30' N. lat., 135° 17.81' W. long., to 56° 41.93' N. lat., 135° 17.54' W. long., to 56° 41.14' N. lat., 135° 13.80' W. long., including the waters of Jamboree Bay, Cedar Pass south of 56° 47.14' N. lat., and Crawfish Inlet west of 135° 11.05' W. long. ( ff. ~/J_"J._ /2018 Registe r ~ Authority: AS 16.05.060 AS 16.05.251 5 AAC 33.383(a) is amended to read: (a) The Anita Bay Terminal Harvest Area consists of the waters of Anita Bay south and 15 2018 FISH AND GAME west of a line from the tip of Anita Point at 56° 13.68' N. lat., 132° 22.48' W. long., to a point on the northern shore at 56° 14.26' N. lat., 132° 23.93' W. long. [132° 23.92' W. long.] 5 AAC 33.383(d)(4) is amended to read: ( 4) for the 2018 through 2020 fishing seasons, the time ratio for gillnet openings to seine openings is one to one [2015 FISHING SEASON, THE DEPARTMENT WILL ESTAB LISH EMERGENCY ORDER SEASON OPENINGS FOR THE PURSE SEINE AND DRIFT GILLNET FISHERIES, AS FOLLOWS: (A) FROM MAY 1 UNTIL 12:00 NOON JUNE 12 AND FROM SEPTEMBER 1THROUGH NOVEMBER 10, SEINE AND GILLNET GEAR WILL BE OPEN TO FISHING CONCURRENTLY; (B) FROM 12:00 NOON JUNE 12 THROUGH STATISTICAL WEEK 30, THE TIME RA TIO FOR GILLNET OPENINGS TO SEINE OPENINGS IS ONE TOONE; (C) FROM THE BEGINNING OF STATISTICAL WEEK 31 THROUGH AUGUST 31, THE TIME RA TIO FOR GILLNET OPENINGS TO SEINE OPENINGS rs TWO TO ONE; (5) FOR THE 2016 AND 2017 FISHING SEASONS, THE DEPARTMENT WILL EST AB LISH EMERGENCY ORDER SEASON OPENINGS FOR THE PURSE SEINE AND DRIFT GILLNET FISHERIES, AS FOLLOWS: (A) FROM MAY 1 UNTIL 12:00 NOON JUNE 12 AND FROM SEPTEMBER 1 THROUGH NOVEMBER 10, SEINE AND GILLNET GEAR WILL BE OPEN TO FISHING CONCURRENTLY; 16 Register ---22_k., JI/\ (J 2018 FISH AND GAME (B) FROM 12:00 NOON JUNE 12 THROUGH AUGUST 31, IF THE POSTSEASON PRELIMINARY ENHANCED SALMON HARVEST VALUE DATA FROM THE PREVIOUS SEASON INDICATES THE SEINE GEAR GROUP, BASED ON THE FIVE-YEAR ROLLING AVERAGE AS DESCRIBED IN 5 AAC 33.364, (i) IS WITHIN THE SEINE GEAR GROUP'S ENHANCED SALMON ALLOCATION PERCENTAGE RANGE, THE TIME RA TIO FOR GILLNET OPENINGS TO SEINE OPENINGS IS TWO TO ONE, FROM 12:00 NOON JUNE 12 THROUGH AUGUST 31; (ii) IS BELOW THE SEINE GEAR GROUP' S ENHANCED SALMON ALLOCATION PERCENTAGE RANGE, THE TIME RA TIO FOR GILLNET OPENINGS TO SEINE OPENINGS IS ONE TO ONE FROM 12:00 NOON JUNE 12 THROUGH STATISTICAL WEEK 30 AND THE TIME RATIO FOR GILLNET OPENINGS TO SEINE OPENINGS IS TWO TO ONE FROM THE BEGINNING OF STATISTICAL WEEK 31 THROUGH AUGUST 31]. (Eff. 6/28/97, Register 142; am 7/26/2003, Register 167; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/13/2012, Register203; am 5/9/2015, Register214; am Authority: AS 16.05.060 AS 16.05.251 5 AAC 33.386 is amended by adding a new subsection to read: (c) Notwithstanding 5 AAC 39.290(a)(2), fishing is allowed in the Boat Harbor Terminal Harvest Area within 500 yards of Boat Harbor Creek, stream number 115-10-10500 in the 17 Register Z2l. , ,7""' l']-2018 FISH AND GAME Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes, as revised as of March 2017, seaward of a line between the seaward extremities of the exposed tideland banks of Boat Harbor Creek, or as marked by ADF&G regulatory markers. (Eff. 5/3112009, Register 190; am J0}]_12018, Register ~) Authority: AS 16.05.060 AS 16.05.251 5 AAC 33.387(d) is amended to read: (d) The management plan allows for [IN THIS SECTION DISTRIBUTES] the harvest of hatchery-produced chum salmon !!r [AMONG] the purse seine2 gillnet, and troll fisheries when ,/\ there are excess fish not being harvested by the hatchery operator. The gear and rotations, if any, shall be determined by the commissioner, by emergencv order, in consultation with the hatchery operator. 5 AAC 33.387(e) is repealed: (e) Repealedi /__12_2018. (Eff. 7113/2012, Register 203; am 7/1/2015, Register 214; am _kjSl/ 2018, Register 72 lo ) Authority: AS 16.05.060 AS 16.05.251 5 AAC 33.392(a) is amended to read: (a) Unless otherwise specified, king salmon taken and retained must measure at least 28 inches from tip of snout to tip of tail (in its natural open position) or 23 inches from the midpoint of the cleithral [CLETHRAL] arch to the tip of the tail. Undersized king salmon which are taken must be returned to the water without injury. [A PERSON MAY NOT MUTILATE OR 18 Register --22..k__, .Jvd 1 2018 FISH AND GAME OTHER WISE DISFIGURE KING SALMON IN ANY MANNER THAT PREVENTS DETERMINING THE MINIMUM SIZE SET OUT IN THIS SUBSECTION.] 5 AAC 33.392(b) is amended to read: (b) A CFEC purse seine salmon permit holder may take but may not sell king salmon [BETWEEN THE SIZES OF OREA TER THAN 21 INCHES FROM TIP OF SNOUT TO TIP OF TAIL (IN ITS NATURAL OPEN POSITION) AND] less than the minimum legal [LENGTH] size requirement [LIMIT] specified in (a) of this section. King salmon taken in the purse seine fishery that are less than the minimum legal size requirement [LIMIT] will not be counted against the king harvest quota. 5 AAC 33.392(c) is amended to read: ( c) the size ~equire m ent s [LIMITS] specified in this section do not apply to gillnet fisheries. 5 AAC 33.392 is amended by adding new subsections to read: (g) Notwithstanding (a) of this section, if the department determines that it is necessary for the conservation of king salmon or to meet obligations of the Pacific Salmon Treaty, the commissioner may, by emergency order, close the purse seine salmon fishery and immediately reopen the fishery during which king salmon equal to or greater in length than the requirements set forth in (a) of this section that are taken incidentally in the purse seine salmon fishery must also be returned to the water unharmed; (h) A person may not mutilate or otherwise disfigure king salmon in any manner that prevents determining the size requirements set out in this section. (In effect before 1982; am 19 Register ---22fa__, •.:l 1..t. Lj 2018 FISH AND GAME 4114/82, Register 82; am 4/18/86, Register 98; am 6/19/88, Register 106; am 6/28/97, Register 142· am 10/1 /98 Register 147; am 7/26/2003 , Register 167· am _i_;/2__/2018 Regi ter 220 ) Authority: AS 16.05.060 AS 16.05.251 5 AAC 33.398 is amended to read: 5 AAC 33.398. Use of [UNMANNED] aircraft unlawful. In the Southeastern Alaska Area, {!} during an open commercial salmon fishing period, a person may not use an unmanned aircraft to locate salmon for the commercial taking of salmon or to direct commercial salmon fishing operationsj_ (b) during an open commercial purse seine fishing period for an area other than a terminal harvest area, a person may not use an aircraft to locate salmon for the commercial taking of salmon or to direct commercial salmon fishing operations one hour before, during, and one hour after an open commercial purse seine fishing period. (Eff. 7/ 1/2015, Register 214· am~/ll_/20 18 , Register 2'20) Authority: AS 16.05.251 Chapter 40. Private Nonprofit Salmon Hatcheries. Article 2. Special Harvest Areas. 5 AAC 40.042(a)(7) is amended to read: (7) Deep Inlet for king, chum, and coho salmon: the waters of Deep Inlet, Aleutkina Bay, and contiguous waters south of a line from a point on the westernmost end of 20 Register 22 l> , \.""Iv.. LJ 2018 FISH AND GAME Cape Burunoff at 56° 59.04' N. lat., 135° 23.23' W. long., to a point west of Cape Burunoff at 56° 59.11' N. lat., 135° 23.59' W. long., to a point one-half mile west of the westernmost tip of Long Island at 57° 00.17' N. lat., 135° 22.69' W. long., to the westernmost tip of Long Island, to the easternmost tip of Long Island, to the westernmost tip of Emgeten Island, to the westernmost tip of Error Island, to the westernmost tip of Berry Island, to the southernmost tip of Berry Island, to the westernmost tip of the southernmost island in the Kutchuma Island group, to the easternmost tip of the southernmost island in the Kutchuma Island group, to the westernmost tip of an unnamed island at 57° 00.30' N. lat., 135° 17.67' W. long., to a point on the southern side of the unnamed island at 57° 00.08' N. lat., 135° 16.78' W. long., and then to a point on the Baranoflsland shore at 56° 59.93' N. lat., 135° 16.53' W. long., will be open for harvest by the hatchery permit holder from 12:01 a.m. June 15 until 11:59 p.m. October 31[SEPTEMBER15], except Sandy Cove is closed south of 56° 59.05' N. lat.; 5 AAC 40.042(a) is amended by adding a new paragraph to read: (10) Crawfish Inlet, for king and chum salmon: the waters of Crawfish Inlet east of 135° 11.05' W. long. 5 AAC 40.042(c) is amended by adding a new paragraph to read: (10) Crawfish Inlet: purse seine, hand purse seine, beach seine, drift gillnet, dip net, and troll gear. (Eff. 4/14/82, Register 82; am 9/22/84, Register 91; am 4/23/94, Register 130; am 6/28/97, Register 142; am 6/14/2000, Register 154; am 3/11/2001, Register 157; am 2/16/2006, Register 177; am 5/26/2006, Register 178; am 5/31/2009, Register 190; am _i_!J.Z_/2018, R gister 1.26 ) 21 Register 22 ~ , JI.Ary 2018 FISH AND GAME Authority: AS 16.05.060 AS 16.05.251 AS 16.10.440 Chapter 47. Southeast Alaska Area. 5 AAC 47.020(17)(8) is amended to read: (B) nonresident: bag limit of four fish; possession limit of four fish; no size limit; [NO] annual limit of eight fish [,EXCEPT THAT THERE IS AN ANNUAL LIMIT OF EIGHT FISH IN THE WATERS OF CHATHAM STRAIT SOUTH OF THE LATITUDE OF POINT COUVERDEN AT 58° 11.42' N. LAT. TO THE LATITUDE OF POINT GARDNER AT 57° 01' N. LAT., EAST OF A LINE FROM POINT COUVERDEN LIGHT TO POINT AUGUSTA LIGHT AND EAST OF A LINE FROM THE SOUTHEASTERNMOST TIP OF POINT HA YES TO THE NORTHERNMOST TIP OF POINT THATCHER, INCLUDING ALL WATERS OF LYNN CANAL SOUTH OF THE LATITUDE OF LITTLE ISLAND LIGHT, WEST OF A LINE FROM LITTLE ISLAND LIGHT TO POINT RETREAT LIGHT AND NORTH OF THE LATITUDE OF POINT COUVERDEN AT 58° 11.42' N. LAT.]; a harvest record is required as specified in 5 AAC 75.006; (Eff. 4/15/94, Register 130; am 5/2/97, Register 142; am 8/16/97, Register 143; am 9/28/97, Register 143; am 5/25/2000, Register 154; am 5/19/2001 , Register 158; am 6/1 /2003, Register 166; am 5/31/2009, Register 190; am 6/2112009, Register 190; am 7/29/2009, Register 191; am 10/18/2009, Register 192; am 5/1112012, Register 202; am 7 /13/ 2012, Register 203; am 6/1/201 3, Register 206· am 2/23/2014 Register 209· am ~_11_12018 Register .220) Authority: AS 16.05.060 AS 16.05.251 22 2018 FISH AND GAME 5 AAC 47.021(g) is amended by adding a new paragraph to read: (8) in waters of Central Southeast Outside (CSEO) Section, as described in 5 AAC 28.105(a)(4)(B), the bag limit for nonresidents for pelagic rockfish is three fish, possession limit of six fish, no size limit. 5 AAC 4 7 .021 is amended by adding a new subsection to read: (k) When the commissioner determines that it is necessary for the conservation of king salmon stocks in the Unuk, Chilkat, or King Salmon Rivers, the commissioner may, by emergency order, close the fishing season in appropriate areas and immediately reopen a season with king salmon annual limits, established pursuant to 5 AAC 75.003, for residents and nonresidents; when annual limits are established under this subsection a harvest record is required as specified in 5 AAC 75.006. (Eff. 61112003, Register 166; am 7/18/2003, Register 167; am 7/26/2003, Register 167; em am 4/13/2005 - 8/10/2005, Register 174; am 5/26/2006, Register 178; add'l am 5/26/2006, Register 178; am 5/31/2009, Register 190; am 7/29/2009, Register 191; am 5112/2011, Register 198; am 7/13/2012, Register 203; am 2/23/2014, Register 209; am 5/9/2015 Register 214; am 7/ 1/ 2015, Register 214· am ~ / _Q_/2018, Register 22 f:,) Authority: AS 16.05.060 AS 16.05.251 5 AAC 47.023(e)(l )(J) is amended to read: (J) Auke Nu Creek, Kowee Creek on Douglas Island, (SHEEP CREEK,] and Waydelich Creek (Wadleigh Creek) are closed to sport fishing for salmon; 23 Register ~ ' Jc.A L7 2018 FISH AND GAME 5 AAC 4 7 .023(g)(l 0) is amended to read: (10) in the freshwater drainages that drain into the Sitka Sound Special Use Area, described in 5 AAC 47.021(g)(l): ~ (A) the bag and possession limit for king salmon [,~ 8 INCHES OR OREATER IN LENGTH,] is 10 [FIVE] fi sh, no size limit; and[;] (B) repealed___f__; __LZ_ 2018; (C) a king salmon taken by a nonresident does not count towards the nonresident annual limit. (Eff. 6/1/2003, Register 166; am 7/18/2003, Register 167; am 5/26/2006, Register 178; am 12/31/2006, Register 180; am 5/31/2009, Register 190; am 5/12/2011, Register 198; am 7/13/2012, Register203; am 2/23/2014, Register209; am 5/9/2015, Register214; am 7/1/2015, Register 214; am ~J__l_/2018, Register 22t) Authority: AS 16.05.060 AS 16.05.251 5 AAC 4 7 .030(!) is amended to read: (!)A [BEGINNING JANUARY 1, 2013, A] person sport fishing from a charter vessel when releasing a nonpelagic rockfish shall immediately use a deep water release mechanism to return the fish to the depth it was hooked or to a depth of at least 100 feet. A charter vessel must have at least one functional deep water release mechanism on board and readily available for use when sport fishing activities are taking place. Upon request, a deep water release mechanism must be presented to a local representative of the department or a peace officer of the state. In this subsection, "deep water release mechanism" means a device designed to return a rockfish back near the bottom where it was hooked, or to a specified depth, and to assist the fish in 24 Register 2'2~ , < 11.1.. L_J 2018 FISH AND GAME recompression and to improve the fish's chance of survival. Beginning January 1, 2020, the provisions of this subsection apply to persons sport fishing from all vessels and all vessels when sport fishing activities are taking place. (Eff. 4115/94, Register 130; am 5/2/97, Register 142; am 5/9/98, Register 146; am 5/25/2000, Register 154; am 6/1/2003, Register 166; am 3/13/2004, Register 169; em am 4113/2005 - 8/10/2005, Register 174; am 71112007, Register 182; am 5/3112009, Register 190; am 6/10/2010, Register 194; am 7/13/2012, Register 203; am _f __/_11___12018, Register 2'Z" ) Authority: AS 16.05.060 AS 16.05.251 5 AAC 47.055(c)(l) is amended to read: (1) from October 1 through March 31, a sport fish angler may use two rods when fishing for king salmon; a person using two rods under this paragraph may only retain [KING) salmon; 5 AAC 47.055(d)(l) is amended to read: (1) from October 1 through March 31, a sport fish angler may use two rods when fishing for king salmon; a person using two rods under this paragraph may only retain [KING] salmon; 5 AAC 47.055(e)(l) is amended to read: ( 1) from October 1 through March 31, a sport fish angler may use two rods when fishing for king salmon; a person using two rods under this paragraph may only retain [KING] salmon; 25 Register 22fo , . J"v..(J 2018 FISH AND GAME 5 AAC 47.055(f)(4) is amended to read: (4) from October 1 through March 31, a resident sport fish angler may use two rods when fishing for king salmon; a person using two rods under this paragraph may only retain [KING] salmon; 5 AAC 47.055(g)(5) is amended to read: (5) from October 1 through March 31, a resident sport fish angler may use two rods when fishing for king salmon; a person using two rods under this paragraph may only retain [KING] salmon; 5 AAC 47.055(h)(4) is amended to read: ( 4) from October 1 through March 31, a resident sport fish angler may use two rods when fishing for king salmon; a person using two rods under this paragraph may only retain [KING] salmon; (Eff. 4115194, Register 130; am 512197, Register 142; am 5/25/2000, Register 154; am 6/1 /2003, Register 166; em am 4/ 13/2005 - 8/10/2005, Register 174; em am 5/3/2005 - 8/30/2005, Register 174; am 5/26/2006, Register 178; am 5/1/2008, Register 186; am 5/31/2009, Register 190; am 7/ 13/2012, Register 203; am __~ _ _/ _JJ_/2018, Register 22~ ) Authority: AS 16.05.060 AS 16.05.251 AS 16.05.270 5 AAC 47.065(2) is repealed: (2) repealed~l-1.Z-2018; 26 Register ~ ' :TIA L:J 2018 FISH AND GAME 5 AAC 47.065(6) is repealed: (6) repealed~/_lL2018; (Eff. 5/26/2006, Register 178; am _f_till 2018, Register 2Z./p) Authority: AS 16.05.060 AS 16.05.251 Chapter 77. Personal Use Fishery. Article 14. Southeastern Alaska Area. 5 AAC 77.674(2) is amended to read: (2) ~ xcept sablefish, bottomfish may be taken for personal use only by longline or hand held line; for all bottomfish, unattended gear must be marked as described in 5 AAC 77.0lO(d); The introductory language of 5 AAC 77.674(6) is amended to read: (6) sablefish may be taken for personal use only by pot, longline, or band held line and only as follows: 5 AAC 77.674(6) is amended by adding a new subparagraph to read: (E) a permit holder's pot gear (i) may not exceed two pots per permit holder or eight pots per vessel when four or more permit holders are present; and (ii) may not be longlined. 27 Register flL ,"'Ju "j 2018 FISH AND GAME (Eff. 6/25/89, Register 110; am 4/23/98, Register 146; am 6/3/2000, Register 154; am 3/11/2001, Register 157; am 5/26/2006, Register 178; am 7/13/2012, Register203; am 5/9/2015, Register 214· am _fg_;JL/2018 Register 22~ ) Authority: AS 16.05 .251 5 AAC 77.682(c) is amended to read: (c) The department will not issue a permit for the taking of wild king or coho salmon, but king and coho salmon taken incidentally by gear operated under the terms of a personal use permit for other salmon are legally taken and possessed for personal use purposes. The holder of a personal use salmon permit shall report any king or coho salmon taken in this manner on that permit holder's permit calendar. The possession limit for king salmon is two fish and the possession limit for coho salmon is six fish. 5 AAC 77.682(f) is amended to read: (f) In the Taku River drainage, the [TOTAL] annual limit for each personal use sockeye salmon permit is 10 [FIVE] sockeye salmon for a household of one person and 20 [ 1O] sockeye salmon for a household of two or more persons. 5 AAC 77.682(k)(l)(A) is amended to read: (A) District 1: in McDonald Lake, near Yes Bay, the possession and annual limit is 20 [30] sockeye salmon; 28 Register 2.2 ~ , ..._ T!A..L:/ 2018 FISH AND GAME (Eff. 6/25/89, Register 110; am 5/29/93, Register 126; am 4/1/94, Register 129; am 12/1/2004, Register 172; am 5/31/2009, Register 190; am 7/13/2012, Register 203; am 7/1/2015, Register 214; am 6/5/2016, Register 218; am _f2_jJJ_l 2018, Register 2Z6) Authority: AS 16.05.251 5 AAC 77.683 is amended to read: 5 AAC 77.683 Personal Use Fishery Management Plan for the Juneau, Petersburg, Wrangell, Sitka, and Ketchikan Road Systems. Salmon streams flowing across or adjacent to the road systems of Juneau, Petersburg, Wrangell, Sitka, and Ketchikan support only limited runs of salmon. Harvestable numbers of salmon in excess to the spawning escapement needs for those streams are normally of such a small magnitude that these numbers alone are not sufficient to support the consumptive demands of those communities. Therefore, the department shall not issue permits which allow the use of nets for streams along the road systems of those communities, with the exception of Ketchikan Creek for the harvest of hatchery-origin fish. (Eff. 6/25/89, Register 1 IO· am _j_; 17 /2018, Register 22~ ) Authority: AS 16.05.251 CC(?ub Ls~: Jloti 5 AAC 77 is amended by adding a new section to read: InJ"""'t ~ 5 AAC 77.679. Personal use aquatic plant fishery. Aquatic plants may be harvested by hand for personal use at any time, and there are no daily harvest or possession limits, except that: (a) within the Ketchikan Nonsubsistence Area defined in 5 AAC 99.015(1), there 29 Register -2.21i_, .::I111. Ly 2018 FISH AND GAME are no harvest limits, except that along the shoreline adjacent to the Ketchikan road system, the daily harvest and possession limit is 10 gallons of aquatic plants, with no limits to the harvest of aquatic plants that have been naturally dislodged from the substrate; and (b) within the Juneau Nonsubsistence Area defined in 5 AAC 99.015(2), the daily harvest and possession limit is 5 gallons of aquatic plants, (iillifare harvested by hand[e:cept that (1) the shoreline adjacent to the Juneau road system is closed to the taking of aquatic plants, and; (2) there is no limit to the harvest of aquatic plants that have been naturally dislodged from the substrate and are located at or above the daily high tide line. ( · ff. ~/J]_ /20 18 Register 22b ) Authority: AS 16.05.060 AS 16.05.251 30 MEMORANDUM State of Alaska Department of Law To: The Honorable Byron Mallott Date: May 16, 2018 Lieutenant Governor (hand delivery) File No.: JU2017200512 PART 1 Tel. No.: 465-3600 From: Susan R. Pollar~ Re: Board of Fisheries Regulations re: Chief Assistant Attorney General Jan 15 - 23, 2018 Sitka Meeting: and Regulations Attorney Southeast and Yakutat Finfish Legislation and Regulations Section Fisheries (5 AAC 01.670 - 5 AAC 77.683) We have reviewed the attached regulation changes from the Board of Fisheries against the statutory standards of the Administrative Procedure Act. The regulations are regarding finfish fisheries in southeast Alaska. We find no legal problems. This memorandum constitutes the written statement of approval under AS 44.62.060(b) and (c) that authorizes your office to file the attached regulations. The original October 29, 2017 affidavit of newspaper publication for these regulations was filed with the Department of Law project file JU2017200511Part1, Register 225, (April 2018); we have included a photocopy of that affidavit of publication. The October 29, 201 7 public notice and the May 10, 2018 certification of adoption order both state that this action is not expected to require an increased appropriation. Therefore, a fiscal note under AS 44.62.195 is not required. We have made some technical corrections to conform the regulations in accordance with AS 44.62.125. The corrections are shown on the attached copy of the regulations. SRP:ljm cc w/enc: (via email) Honorable Sam Cotten, Commissioner, Dept. of Fish and Game Glenn Haight, Executive Director, Board of Fisheries, Dept. offish and Game Scott Kelley, Director, Division of Commercial Fisheries, Dept. of Fish and Game Forrest Bowers, Deputy Director, Division of Commercial Fisheries, Dept. of Fish and Game Tom Brookover, Director, Division of Sport Fisheries, Dept. offish and Game Tom Taube, Deputy Director, Division of Sport Fish, Dept. of Fish and Game Lisa Olson, Deputy Director, Division of Subsistence, Dept. of Fish and Game Shellene Hutter, Fishery Regulations Program Coordinator, AAC Contact, Dept. offish and Game Enforcement Commander, Division of Wildlife Troopers, Dept. of Public Safety Aaron Peterson, Assistant Attorney General, Office of Special Prosecution Seth Beausang, Chief Assistant Attorney General, Natural Resources Section, Dept. of Law Brad Meyen, Assistant Attorney General, Natural Resources Section, Dept. of Law NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA BOARD OF FISHERIES The Alaska Board of Fisheries proposes to adopt, amend, or repeal 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 regulations: 1. IN THE PRINCE WILLIAM SOUND AREA (INCLUDING THE UPPER COPPER RIVER AND UPPER SUSITNA RIVER AREA) FINFISH FISHERIES; SOUTHEASTERN ALASKA AND YAKUTAT AREAS FINFISH AND SHELLFISH FISHERIES, INCLUDING ALL SOUTHEASTERN ALASKA AND YAKUTAT AREAS CRAB, SHRIMP, AND MISCELLANEOUS SHELLFISH FISHERIES; AND STATEWIDE DUNGENESS CRAB, SHRIMP, AND MISCELLANEOUS SHELLFISH (EXCEPT SOUTHEASTERN ALASKA AND YAKUTAT AREAS) FISHERIES: A. In the commercial, sport, guided sport, personal use, and aquatic plant fisheries: fishing seasons, periods, and opening and closing times; bag, possession, size, sex, age, and harvest limits; harvest levels, thresholds, goals, and quotas; definitions; bycatch provisions; districts, subdistricts, sections, subsections, areas, and other management boundaries; locations open and closed to fishing; methods and means; gear and vessel restrictions, including marking and operational requirements; registration and permit requirements; registration areas (including nonexclusive, exclusive and superexclusive registration areas); recordkeeping and marking requirements; management plans for conservation and development, including escapement, inriver, and other management goals; landing requirements; provisions for development and allocation among beneficial uses; guiding principles; provisions to regulate, require, restrict or prohibit the retention, tendering, transportation, dispatch, possession, sale, release, or purchase of fish; methods of release; registration, licensing, reporting, and other requirements for sport fishing guides and operators, guided anglers, catchers, processors, buyers, and transporters; onboard observer requirements; fish storage and inspection requirements. B. In the subsistence fisheries: identification or modification of customary and traditional subsistence uses and amounts reasonably necessary for subsistence; fishing seasons, periods, and opening and closing times; bag, possession, size, sex, age, and harvest limits; definitions; districts, subdistricts, sections, subsections, areas, and other management boundaries; locations open and closed to fishing; methods and means; gear and vessel restrictions, including marking and operational requirements; registration and permit requirements; recordkeeping and marking requirements; management plans for conservation and development, including escapement, inriver, and other management goals; regulations for the subsistence priority; landing requirements; provisions for development and allocation among beneficial uses and users, including creating and regulating tier II fisheries; guiding principles; otheiwise establish, regulate, change, or adjust subsistence fisheries. 2. The following topic is added to the Prince William Sound Finfish meeting in Valdez, December 1-5, 2017: A. IN THE YUKON AREA SUBSISTENCE FINFISH FISHERY: Decrease the size of the area closed to subsistence fishing through the ice for northern pike on the Chatanika River (newly assigned Proposal 228, formerly ACR #1). 3. The following topics are added to the Southeast and Yakutat Finfish and Shellfish meeting in Sitka, January 11-23, 2018: A. IN THE SOUTHEASTERN ALASKA AREA PERSONAL USE FISHERY: Require a permit for the taking of king crab for personal use and amend the bag and possession limits (newly assigned Proposal 234 which was accepted as a board generated proposal at the 2017 Work Session). B. IN THE SOUTHEASTERN ALASKA AREA DUNGENESS CRAB COMMERCIAL FISHERY: Repeal the Southeastern Alaska Area Dungeness Crab Fisheries Management Plan and amend the fishing seasons (newly assigned Proposal 235 which was accepted as a board generated proposal at the 2017 Work Session). 4. The following topics are added to the Statewide Dungeness, Shrimp and Other Miscellaneous Shellfish meeting in Anchorage, March 6-9, 2018: A. IN THE ALEUTIAN ISLANDS AREA KING CRAB COMMERCIAL FISHERY: Repeal fixed total allowable catch (TAC) and adopt an Aleutian Islands Area golden king crab harvest strategy that uses biomass estimates generated from the Alaska Department of Fish and Game stock assessment model to establish TAC (newly assigned Proposal 229, formerly ACR #2). B. IN THE YUKON AREA SUBSISTENCE AND COMMERCIAL FINFISH FISHERIES: i. Allow use of drift gillnets to harvest salmon for subsistence uses in Yukon Area Subdistricts 4-B and 4-C (newly assigned Proposal 230,formerly ACR #13). ii. Repeal the prohibition on subsistence fishing in Yukon Area Districts 1 and 2 during the first pulse of king salmon (newly assigned Proposal 231, formerly A CR #14). 111. Consider criteria to allow sale of Yukon River king salmon caught incidentally during open commercial fishery periods for other salmon species (newly assigned Proposal 232, formerly ACR #15). iv. Clarify Yukon Area District 1 boundary, allow set gillnets to be operated up to three nautical miles seaward from any grassland bank in District 1, and reduce waters closed to commercial fishing for salmon in District 1 (newly assigned Proposal 233,formerlyACR #18). C. IN THE ALASKA PENINSULA-ALEUTIAN ISLANDS AREA COMMERCIAL HERRING FISHERY: Increase the Dutch Harbor food and bait herring fishery allocation, eliminate the Dutch Harbor food and bait herring fishery allocations between gear types, and change the season for the Dutch Harbor food and bait herring fishery (newly assigned Proposal 236 which was accepted as a board generated proposal at the 2017 Work Session). For a copy of the proposed regulation changes contact the Alaska Department of Fish and Game, (ADF&G) Boards Support Section, P.O. Box 115526, Juneau, AK 99811-5526, (907) 465-4110, or www.boardoffi herie . .adfg.ala . ka.gov. Anyone interested in, or affected by, the subject matter contained in this legal notice should make written or oral comments to have their views considered by the board. You may comment on the proposed regulation changes, including the potential costs to the private persons of complying with the proposed changes, by submitting written comments limited to no more than 100 single-sided or 50 double-sided pages to the ADF&G, Boards Support Section, at P.O. Box 115526, Juneau, AK 99811-5526. Additionally, the Boards Support Section will accept comments by facsimile at (907) 465-6094, by email to dfg. f.comment @a laska.gov (PDF format only), or online at www.boardoffisheries.adfg.alaska.gov. Individuals and advisory committees directing public comment at an ADF&G office or personnel other than as prescribed above are advised that such comments will not be received and entered as public comment. Comments are generally due no later than two weeks prior to the meeting during which the topics are considered. Unless otherwise specified for a particular meeting in a published notice, written comments exceeding the page limit from any one individual or group relating to proposals at any one meeting will not be accepted. Written comments limited to I 0 single-sided or 5 double-sided pages in length from any one individual or group are accepted after the two-week deadline and inserted in board member workbooks at the beginning of the meeting, and are also accepted during the meeting and until the board begins proposal deliberations. ADDITIONAL PUBLIC COMMENT ST AND ARD: Once a meeting begins and during a meeting written comments from any one individual or group may be submitted by hand delivery at any time if the required number of copies are provided (typically in excess of 25 copies). Individuals not in attendance at a meeting may fax comments to 907-465-6094. As a practical matter, comments submitted after the board begins deliberations on relevant proposals are likely to receive less consideration than comments submitted earlier. Once proposal deliberations begin, the board will ONLY accept written comments on the topics being considered at the meeting from any one individual or group that are not more than five single sided pages, or the equivalent number of double-sided pages, unless specific information is requested by the board that requires more pages than allowed under this standard. Each meeting will generally start at 8:30 a.m. on the first day of the meeting dates below unless the board directs a different start time. The public oral testimony period of each regulatory meeting begins after staff reports and continues until everyone who has signed up on a timely basis and is present at the meeting has an opportunity to be heard. The board will take oral testimony only from those who register before the cut-off time announced by the board chair at each meeting. The length of oral statements may be limited to three minutes or less. Additional public hearings with board committees may be held during the meeting. TENTATIVE MEETING SCHEDULE Prince William Sound Finfish December 1-5, 2017 Valdez Convention & Civic Center, Valdez Comment deadline: November 17, 2017 Southeast and Yakutat Finfish & Shellfish January 11-23, 2018 Harrigan Centennial Hall, Sitka Comment deadline: December 28, 2017 Statewide (Except Southeast and Yakutat) Dungeness Crab, Shrimp, Other Miscellaneous Shellfish and Supplemental Issues March 6-9, 2018 Egan Civic and Convention Center Comment deadline: February 23, 2018 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) 465-4110. Please carefully review the PROPOSAL INDEX available for the meeting for specific proposals to be addressed by the board. Copies of the proposal indices are in the proposal book, available online at www. boardoffi herie .adfg.a laska.gov, and at the relevant meeting. The board may also include accepted agenda change requests as new proposals following its October 17-19, 2017 work session. Any additional proposals will be noticed and made available online and upon request. Anyone interested in or affected by subsistence, personal use, commercial fishing, sport, guided sport, or aquatic plant regulations are hereby informed that the Board of Fisheries may consider any or all of the subject areas covered by this notice. Under AS 44.62.200(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 subsistence, personal use, sport, guided sport or commercial fishing regulations as may be required to ensure the subsistence priority in AS 16.05.258. On its own motion, after the 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 ORADF&G. The language ofthe final regulations may be different from that of the proposed regulations. YOU SHOULD COM!vfENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. If you are a person with a disability who needs special accommodation in order to participate in the proposed regulation process, please contact Glenn Haight at (907) 465-4110 no later than two weeks prior to the beginning of each meeting to ensure necessary accommodations can be provided. Statutory Authority: AS 16.05 - AS 16.20, AS 16.40 Statutes Being Implemented, Interpreted, or Made Specific: AS 16.05 - AS 16.20, AS 16.40 Fiscal Information: The proposed regulatory actions are not expected to require an increased appropriation. I 0/27/2017 G~ht,~Director Date Alaska Board of Fisheries ADDITIONAL REGULATIONS NOTICE INFORMATION (AS 44.62.l 90(g)) 1. Adopting Agency: Alaska Board of Fisheries. 2. General subject ofregulations: IN THE PRINCE WILLIAM SOUND AREA (INCLUDING THE UPPER COPPER RIVER AND UPPER SUSITNA RIVER AREA) FINFISH FISHERIES; SOUTHEASTERN ALASKA AND YAKUT AT AREAS FINFISH AND SHELLFISH FISHERIES, INCLUDING ALL SOUTHEASTERN ALASKA AND YAKUTAT AREAS CRAB, SHRIMP, AND MISCELLANEOUS SHELLFISH FISHERIES; AND STATEWIDE DUNGENESS CRAB, SHRIMP, AND MISCELLANEOUS SHELLFISH (EXCEPT SOUTHEASTERN ALASKA AND YAKUTAT AREAS) FISHERIES. 3. Citation ofregulations: 5 AAC 91 - 5 AAC 77. 4. Department of Law file number (if any): o JU2017200511 - Prince William Sound Finfish o JU2017200512- Southeast and Yakutat Finfish and Shellfish o JU201 7200513 - Statewide Dungeness Crab, Shrimp, Miscellaneous Shellfish and Supplemental Issues 5. Reason for proposed actions: Implement, interpret, or make specific the provisions of AS 16.05 - AS 16.20, AS 16.40. 6. Appropriation/ Allocation: 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 115526 Juneau, AK 99811-5526 (907) 465-4110 Email: [email protected] 9. The origin of the proposed action: [X] staff or state agency [X] general public 10. Date: October 27, 2017 Prepared by: Glenn Haight, Executive Director Alaska Board of Fisheries (907) 465-4110 AFFIDAVIT OF NOTICE OF PROPOSED ADOPTION OF REGULATIONS AND FURNISHING OF ADDITIONAL INFORMATION I, Glenn Haight, Executive Director of the Alaska Board of Fisheries, being sworn, state the following: As required by AS 44.62.190, notice of the proposed adoption of changes to 5 AAC dealing with southeast Alaska finfish fisheries has been given by being ( 1) 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 44.62. l 75(a)(l) and (b) and 44.62.190(a)(l). As required by AS 44.62. l 90(g), 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: (tp,J <2< ~ulK Juneau, Alaska Alaska Board of Fisheries SUBSCRIBED AND SWORN TO before me this \~ day of l\wv\. \ STATE OF ALASKA {:f,;· : s~t~ OFFICIAL SEAL ( ~p·:~#~ Leah Ferster ~-':J~ NOTARY PUBLIC ·"'••.A•• My Commission Expires With Office AFFIDAVIT OF ORAL HEARING I, Glenn Haight, Executive Director of the Alaska Board of Fisheries, being sworn, state the following: On January 15 - 23, 2018, at Centennial Hall located at 330 Harbor Dr., Sitka Alaska, the Alaska Board of Fisheries presided over a public hearing held under AS 44.62.210 for the purpose of taking testimony in connection with the adoption of changes to 5 AAC dealing with finfish fisheries in the Southeast Alaska Area. DATE: ?i:,J 0,JO/ ~ Ju eau Alaska Glenn Haight, Exec tive Director Alaska Board of Fisheries SUBSCRIBED AND SWORN TO befor me this L day of ~ { ~ \ , uo\R/. STATE OF ALASKA .e~ :·· :S:~:'1~ OFFICIAL SEAL i1~.;.,'· ·l.~) Leah Ferster ~~"'II N tary Public in and for the NOTARY PUBLIC , , ,f.,~j/ State of Alaska rt My Commission Expires With Office My commission expires: ~.j ~~ 0 t{l'.\JL.-' 270233 0001412288 S1 ,222.61 AFFIDAVIT OF PUBLICATION NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA BOARD OF FISHERIES STATE OF ALASKA Tile Alas1<<1 Boori;t or Fisheries proposes to adopt, amend, or repeal regulatron cl1 A. lN JHE YUKON ~R EA SUBSISTENCE FINFISH FISHERY: Dac(el!se the size of the <1rea closed to October 29, 2017 sulJSfSlf) nce llslllng tl]rough the ice for northern pike on the Ch 011 c pri1110 11 1 c!r.lllmrai!ons Ue1J 111. 1h h~arcl will ONLY 1\11; c;l1a 11i:cs to ml!t1ting I c . uons, rta1es or limes. or rescheduling or topir.s 01 subject mailer will IJP ;111J1ounced b\I n 1 1c1e11se . l'lease watch ror tll se a11nm 111ce1mmts In U1c news m clr;i or CCJ ll (907) 465-t!110. f'te ~ se r.amfully rnvtcw 111 e PROPOSi~l IN Dl:X ovallablo lor the 111 eet111g for specific propos.11s 10 he autJr.,ssed by t110 llo