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MEMORANDUM State of Alaska Department of Law

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MEMORANDUM State of Alaska Department of Law MEMORANDUM State of Alaska Department of Law To: The Honorable Mead Treadwell Date: April II, 2014 Lieutenant Governor File No.: JU2013200537 Tel. No.: 465-3600 From: Steven C. weaver~O Re: Board of Fisheries Regulations re: Senior Assistant Attorney General January 31 - February 13 ,2014 and Assistant Regulations Attorney Anchorage Meeting: Upper Cook Legislation and Regulations Section Inlet Finfish Fisheries (5 AAC 01.593 - 5 AAC 77.540) 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 JU2013200534, Register 209 (April 2014); we have included a photocopy of that affidavit of publication. This memorandum and the attached duplicate memorandum dated April 9, 2014, constitute the written statement of approval under AS 44.62.060(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 and oral hearing. The regulations are regarding subsistence, personal use, sport, and commercial fmfish fisheries in the Upper Cook Inlet region of the state. The November 3, 2013 public notice and the April 3, 2014 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. SCW:ljm cc: Honorable Cora Campbell, Commissioner Department of Fish and Game MEMORANDUM State of Alaska Department of Law To: Honorable Cora Campbell Date: April II, 2014 Commissioner Department of Fish and Game File No.: JU2013200537 Tel. No.: 465-3600 From: Steven C. Weaver Re: Board of Fisheries Regulations re: Senior Assistant Attorney General January 31 - February 13, 2014 and Assistant Regulations Attorney Anchorage Meeting: Upper Cook Legislation and Regulations Section Inlet Finfish Fisheries (5 AAC 01.593 - 5 AAC 77.540) Under AS 44.62.060, we have reviewed the Board of Fisheries (board) changes to these regulations and approve the changes for 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 56 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 public notice and the April 3, 2014 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. Finally, we have made some technical corrections to the regulations in accordance with AS 44.62.125, as shown on the attached copy of the regulations. SCW:ljm cc w/enc (via email) Kevin J. Messing, Fishery Regulations Program Coordinator Lisa Ol son, Deputy Director AAe Contact Division of Subsislencc Department of Fish and Game Department of Fish and Game Glenn Haight, Executive Direetor Enforcement Commander Board of Fisheries Division of Wildlife Troopers Department of Fish nnd Game Department of Public Safety Forrest Bowers. Deputy Director Lance Nelson, Senior Assistant Atlomey General Division of Com me reia I Fisheries Nalural Resourees Section Department offish and Game Tom Brookover, Deputy Director Division of Sport Fish Department offish and Game MEMORANDUM State of Alaska Department of Law To: Hon. Mead Treadwell D" e: February 19, 20 14 Lieutenant Governor File No.: Tel. No.: 465-3600 ~?-,,-.--L?~ From: Deborah E. Behr Re: Delegation of Authority for Chief Assistant Attorney General Regulations Matters for April 5 - and Regulations Attorney 13,2014 Legislation and Regulations Section 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. In my absence, Assistant Attorney General Steve Weaver is designated as acting Regulations Attorney. Under this delegation, Steve Weaver has my full authority under AS 44.62 to conduct the legal review of regulations or take necessary ac tions during this period. In 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 STATE OF ALASKA ) ) ss. FIRST JUDICIAL DISTRJCT ) 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 subsistence, personal use, sport, and commercial finfish fisheries in the Cook Inlet Area, Kenai Peninsula Area, Kenai River Drainage Area, Anchorage Bowl Drainages Area, Knik Ann Drainages Area, Susitna River Drainage Area, and West Cook Inlet Area 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 44.62.175(a)(1) and (b) and 44.62. 190(a)(1 ). As required by AS 44.62. 190(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: :::, /7/1 'i Juneau, Alaska Alaska Board of Fisheries rtl... jJ SUBSCRIBED AND SWORN TO before me this _ 7<-- day of-"'/,---,-V(,,,,Ct:j""£",,,,-=---,,;JtJit( . STATE OF ALASKAC;· ..." .. OFFICIAL SEAL '.",.-Zo",' Sunny Haight :.c.' NOTARY PUBLIC NotaryPublic;;;;md for the My Commission Expires With Office State of Alaska My commission expires: kJ'~ ~/::e.. STATE OF ALASKA ) ) ss. FIRST JUDICIAL DISTRICT ) AFFIDA VIT OF ORAL HEARJNG I, Glenn Haight, Executive Director of the Alaska Board of Fisheries, being sworn, state the following: On January 31- February 13,2014, at the Egan Civic and Convention Center, in Summit Hall, 555 West Fifth Avenue, Anchorage, 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 subsistence, personal use, sport, and commercial finfish fisheries in the Cook Inlet Area, Kenai Peninsula Area, Kenai River Drainage Area, Anchorage Bowl Drainages Area, Knik Arm Drainages Area, Susitna River Drainage Area, and West Cook Inlet Area. DATE: 'Sf 7- /1'( ! ~ Juneau, Alaska Glenn Haight:EXU~Director Alaska Board of Fisheries SUBSCRIBED AND SWORN TO before me this 7 y..~ay of ,~ _" , d Ol l{ . STATE OF OFFICIALALASKAe; SEAL ' ~"'''' N~uT~';!v ~~i~tl~ > } My Commission Expires With Office 270233 0000754623 $ 1,19273 ! I AFFIDAVIT OF PUBLICATION NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA BOARD OF FI SHERIES The Alaska Board of Fisheries proposes to adopt regulation changes in Title 5 of the Alaska Administrative STATE OF ALASKA Code, dealing with fishery and aquatic plant resourc es in the areas designated below. including the following: THIRD JUDICIAL DISTRICT 1. IN THE COOK INLET (INCLUDING KENAl 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), KODlO.K AND CHIGNIK Joleesa Stepetin AREAS FINFISH FISHERIES REGULATIONS; AND STATEWIDE KING AND TANNER CRAB (EXCEPT SOUTHEAST/YAKUTAT AREAS) FISHERIES REGULATIONS: being first duly sworn on oath deposes A. In the commercJa1, sport, guIded Sport, personal use, and aquatic plant fisheries: fishing seasons, and says that he is a representative of 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 the Anchorage Daily News, a daily other management boundaries; locations open and closed to fishing; methods and means; gear and vessel restrictions, marking, definitions, operational req uirements and limitations, registration and
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