| The commissioner of the Department of Fish and Game proposes to adopt regulation changes in Title 5 of the Alaska Administrative Code (AAC) including the following:
Chapter 40. Private Nonprofit Salmon Hatcheries. are proposed to be changed to add regulations allow for the operation and department management of shellfish hatcheries as set out in statutes adopted in Title 16. Fish and Game. Chapter 12. Shellfish Enhancement Projects. and modify existing salmon hatchery regulations as follows:
5 AAC Chapter 40. Private Nonprofit Salmon and Shellfish Hatcheries.
(1) Article 1. General. is proposed to be changed to include regulations of shellfish hatcheries to 5 AAC 40.005 – 5 AAC 40.010 and modifies statutory authorities of existing regulations to include appropriate citations to reflect the addition of the shellfish fishery enhancement language. Specifically, 5 AAC 40.005(a) – (b) is proposing to add language to include shellfish under regulations governing the harvest of species adopted by the Board of Fisheries and add the department as a governing entity of shellfish fishery enhancement projects. 5 AAC 40.005(c);(d); (g) is proposing to add language that is specific to salmon or shellfish concerning harvest of species reared by a hatchery operator in a Special Harvest Area (SHA). The department is proposing to change 5 AAC 40.010 to add the reporting requirement for hatchery operators harvesting shellfish and modifies language to include shellfish hatchery operators in applicable exemptions and modifications from commercial fishing regulations.
(2) Article 3. Applicability of Regulations. 5 AAC 40.100. Applicability of regulations. is proposed to be changed to remove salmon specific language so that salmon and shellfish hatchery permit holders are now included and adds applicable statutory authorities to include appropriate citations to reflect the addition of the shellfish enhancement language.
(3) Article 4. Permit Application. is proposed to be changed to organize all permitting related regulations into Article 4. The newly organized Article is proposed to contain 5 AAC 40.110 – 5 AAC 40.245. Proposed changes include standardizing the permit application process between both salmon and shellfish hatchery permit applications, pre-application assistance, the review and approval process, including the public hearing process, ensures consistent terminology and procedure, and separates salmon or shellfish specific language into appropriate placement within the regulatory language. Proposed changes include reconstruction of the antiquated review and approval process language found in 5 AAC 40.190. Other changes include revisions to regulations concerning permit transferability and revocation regulations that are modified to conform to current regulation drafting standards. Clarifying language is proposed to be added defining the role and responsibilities of the applicant, the department and the commissioner. Appropriate statutory authority citations are added to reflect the addition of the shellfish fisheries enhancement language.
(4) Within Article 4., 5 AAC 40.150. Application fee. is proposed to add language for an application fee as required by AS 16.10.400 and AS 16.12.010 of $0.
(5) The Article heading title in 5 AAC Chapter 40 Article 5. Regional Comprehensive Planning. is proposed to be changed to be specific to salmon hatchery projects.
(6) Article 8. General Provisions. is proposed to be changed to reorganize permitting language that previously was under this Article are proposed to be repealed and to now be added under the newly restructured Article 4. Additionally, proposed changes include standardization of terminology, clarification of definitions, separation of salmon or shellfish fishery enhancement specific language and removal of antiquated language. Proposed changes to 5 AAC 40.840 include defining a production cycle for salmon and shellfish in the Annual Management Plan. The proposed changes occur in 5 AAC 40.800 – 5 AAC 40.990. The appropriate statutory authority citations are added to reflect the addition of the shellfish fisheries enhancement language.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Shellene L. Hutter, Regulations Program Coordinator, Department of Fish and Game, P.O. Box 115526, Juneau, AK 99811-5526. Additionally, the Department of Fish and Game will accept comments by facsimile at (907) 465-2604 and by electronic mail at dfg.fish.regulations@alaska.gov
Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link:
https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=217594
The comments must be received no later than 6:00 p.m. on Sunday, January 12, 2025.
You may submit written questions relevant to the proposed action to Shellene L. Hutter, Regulations Program Coordinator, Department of Fish and Game, P.O. Box 115526, Juneau, AK 99811-5526. Additionally, the Department of Fish and Game will accept questions by facsimile at (907) 465-2604 and by electronic mail at dfg.fish.regulations@alaska.gov
The questions must be received at least 10 days before the end of the public comment period. The Department of Fish and Game will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Shellene L. Hutter at (907) 465-6124 no later than January 3, 2025 to ensure that any necessary accommodations can be provided.
A copy of this notice of proposed regulation changes and the regulations proposed to be changed are available on the Alaska Online Public Notice System. For a copy of the proposed regulation changes contact Shellene L. Hutter, Regulations Program Coordinator at the mailing address, telephone number, or email address above or online on the department’s website at:
https://adfg.alaska.gov/index.cfm?adfg=fishregulations.main
After the public comment period ends, the commissioner of the Department of Fish and Game will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Public nature of comments and questions: Public comments and questions, once submitted, are public records and subject to disclosure under the Alaska Public Records Act. See AS 40.25.100 – 40.25.295. Do NOT include in your comments or questions any information that you do not want made public.
Statutory Authority: AS 16.05.020; AS 16.05.050; AS 16.05.092; AS 16.10.400; AS 16.10.440; AS 16.12.010; AS 16.12.050
Statutes Being Implemented, Interpreted, or Made Specific: AS 16.05.020; AS 16.05.050; AS 16.05.092; AS 16.10.375 – AS 16.10.480; AS 16.12.010 – 16.12.199
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
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