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HomeMy WebLinkAbout2013-01-07 Harbor Commission PacketPLEASE CONTACT • TO ATTEND THE MEETIN&: 4 � DECEMBER / COUNCIL CITY HALL � :00 CHAIR PHIL MORIN, PRESIDING Lv1�ly/1�laFCe'liil� ait�I: \a "1 Chair Morin called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Chair P. Morin, V. Askin, B. Osborn, R. Peters, W. Nelson, T. Thompson Commissioners absent: None Staff /Council Liaison present: Public Works Director S. Wedemeyer, Council Member R. Molloy A quorum was present. 2. AGENDA APPROVAL Commissioner Osborn MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. 3. APPROVAL OF MEETING SUMMARY -- October 8, 2012 Commissioner Thompson MOVED to approve the meeting summary of October 8, 2012 and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. a. Courtney Stroh, ROC the Kenai Ms. Stroh provided a review of her Caring for the Kenai project, titled ROC the Kenai (Respect Our Community), which involved cleaning the beaches of fish waste and educating the public regarding disposal of fish waste. !.�il�iali�l�`f:i� 3���i�i�X�► .[S:T1 a. Discussion -- FY14, 15 8s 16 Capital Improvement Project Priority List Public Works Director Wedemeyer reviewed the list and general discussion occurred. Comments included: • Support for a drift boat pullout. • Concerns when personal use fishery went 24 hours. • Suggested a resolution in support of additional drift days on the river. •'_♦ '. Commissioner Nelson MOVED to move the entire `other" project list to the FY2016 Capital Improvement Project list. Commissioner Osborn SECONDED the motion. There were no objections. SO ORDERED. b. Discussion - 2012 Dip Net Report City Manager Rick Koch reviewed the 2012 Dip Net Report. a. Director - Public Works Director Wedemeyer reported the cranes at the dock had been recertified. b. City Council Liaison - Council Member Molloy reported on the December 5 City Council meeting. a. January 7, 2013 Wedemeyer reported City Council set a work session on the Dip Net Report for January 7, 2013, so the meeting date needed to be changed. He noted Chair Morin would discuss this with the City Clerk's office. M COMME*aTTS /QUESTIONS -- None. Mayor Porter wished the Commissioners Merry Christmas and thanked them for their service. I1. INFORMATION - None. HARBOR COMMISSION MEETING DECEMBER 10, 2012 PAGE 2 Commissioner Osborn MOVED to adjourn and Commissioner Askin SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:15 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk HARBOR COMMISSION MEETING DECEMBER 10, 2012 PAGE 3 Board of Fisheries Home, Alaska Department of Fish and Game Page 1 of 2 1 w sM Alaska Department of Fish and Game wt: ADF &G Nome » Regulations ,> Process ,> Board of Fisheries Board of Fisheries Members 2012 -2013 Alaska Board of Fisheries to Meet in Anchorage January 15 -20 2013 (PDF 438 k8) Wiper Cook Inlet Task Force Information Notice of Cancellation of December 2012 Meefi n g of The Alaska Board of Fisheries U er Cook Inlet Task Force (PDF 21 kB) Board of Fisheries 2013 -2014 Call for Proposals (PDF 129 kB) Notice of Proposed Regulatory Changes for the Board of Fisheries for 2012/2013 Cycle (PDF 77 kB) • Bristol Bav Escapement Goal Memo (PDF ate k8) • Board of Fisheries 2012 Worksession Summary of Actions (PDF 1,091 kB) • Board of Fisheries 2012 -2013 Meeting Schedule (PDF 16 kB) Board of Fisheries 2013 -2014 Meeting Schedule (PDF 13 kB) • Notice of Emergencv Regulations 7/18/12 (PDF 13 kB) • Emergencv Regulations Adopted 7/18/12 (PDF 37 kB') Upper Cook Inlet Task Force Information Alaska Board of Fisheries 2012/2013 Cycle Bristol Bay, Arctic - Yukon- Kuskokwim, and Alaska Peninsula /Aleutian Islands Finfish; Statewide General Finfish Provisions; and Supplemental Issues. DOWNLOAD (PDF 2,240 kB) Supplemental Proposals 236 -249 (PDF 89 kB) http:// www. adfg. alaska. gov/ index .cfin?adfg= fisheriesboard.main 1/7/21113 Board of Fisheries Home, Alaska Department of Fish and Game Page 2 of 2 The Alaska Board of Fisheries consists of seven members serving three -year terms. Members are appointed by the governor and confirmed by the legislature. Members are appointed on the basis of interest in public affairs, good judgment, knowledge, and ability in the field of action of the board, with a view to providing diversity of interest and points of view in the membership (see Alaska Statute 16.05.221), The Board of Fisheries' main role is to conserve and develop the fishery resources of the state. This involves setting seasons, bag limits, methods and means for the state's subsistence, commercial, sport, guided sport, and personal use fisheries, and it also involves setting policy and direction for the management of the state's fishery resources. The board is charged with making allocative decisions, and the department is responsible for management based on those decisions. The board meeting cycle is three years long The Meetings generally occur from October through March. The Board of Fisheries meets four to six times per year in communities around the state to consider proposed changes to fisheries regulations around the state. The board uses the biological and socioeconomic information provided by the Alaska Department of Fish and Came, public comment received from people inside and outside of the state, and guidance from the Alaska Department of Public Safety and Alaska Department of Law when creating regulations that are sound and enforceable. Board of Fisheries Authority The Board of Fisheries is established under Alaska Statute 16.05.221 for the purposes of the conservation and development of the fisheries resources of the state. The Board of Fisheries has the authority to adopt regulations described in AS 16.05.251 including: establishing open and closed seasons and areas for taking fish; setting quotas, bag limits, harvest levels and limitations for taking fish; and establishing the methods and means for the taking of fish. The regulations the Board of Fisheries has authority over are 5 AAC Chapters 1- 77. http: / /www.adfg.alaska.gov/ index .cfni ?adfg= fisheriesboard.main 1/7/2013 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: 1. IN THE ARCTIC- KOTZEBUE, NORTON SOUND -PORT CLARENCE, YUKON, KUSKOKWIM (collectively referred to as Arctic - Yukon - Kuskokwim or A -Y -K Areas), BRISTOL BAY, ALEUTIAN ISLANDS, AND ALASKA PENINSULA SUBSISTENCE, COMMERCIAL, AND PERSONAL USE FINFISH FISHERY AREAS, AND ATKA- AMLIA ISLANDS COMMERCIAL FINFISH FISHERY AREA; IN THE BERING SEA - KOTZEBUE, KUSKOKWIM, BRISTOL BAY, AND ALASKA PENINSULA - ALEUTIAN ISLANDS COMMERCIAL HERRING FISHERY AREAS; IN THE NORTH SLOPE, NORTHWESTERN, YUKON RIVER, TANANA RIVER, KUSKOKWIM-GOODNEWS, BRISTOL BAY, AND ALASKA PENINSULA & ALEUTIAN ISLANDS SPORT FINFISH FISHERY AREAS; IN THE SOUTH ALASKA PENINSULA, CHUKCHI- BEAUFORT, AND BERING SEA - ALEUTIAN ISLANDS COMMERCIAL GROUNDFISH AREAS; AND STATEWIDE (GENERAL PROVISIONS) FINFISH REGULATIONS. A. Its the commercial, 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 reporting requirements for fish guides, guided anglers, catchers, processors, buyers and transporters; onboard observer requirements; fish storage and inspection requirements. B. 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 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 STATEWIDE FINFISH AND SUPPLEMENTAL ISSUES Meeting (March 19-24,2013): A. IN THE CHIGNIK TANNER CRAB AREA: In the Chignik District Tanner crab fishery, consider changing the weather delay criteria for opening from small craft advisory to gale warning. (newly assigned Proposal 244 -ACR2) B. IN THE ALEUTIAN ISLANDS KING CRAB AREA (REGISTRATION AREA 0): In the Aleutian Island Area king crab fishery, consider changing the vessel size limit for the Registration Area O red king crab fishery, in state waters from 172° W. long. To 179° W. long., from 90 feet or less in overall length to less than 60 feet in overall length. (newly assigned Proposal 245 -ACR7) C. IN THE ALEUTIAN ISLANDS KING CRAB AREA (REGISTRATION AREA 0): In the Aleutian Island Area king crab fishery, consider establishing a pot limit of 10 pots per vessel fishing for red king crab near Adak Island in Registration Area O. (newly assigned Proposal 246 -ACRE) D. IN THE YAKUTAT FINFISH AREA; In the Yakutat Area, consider modifying the waters in the Tsiu River that are closed to commercial salmon fishing to facilitate an orderly fishery for the commercial and sport fisheries. (newly assigned Proposal 247 -ACR9) E. IN THE COOK INLET FINFISH AREA: A board - generated proposal in the Cook Inlet Area, to identify adjustments to the Kenai River Late -Run King Salmon Management Plan by the actions addressed by the Upper Cook Inlet Task Force. (newly assigned Proposal 249 -ACR4 & 17) Please note that the proposals in the proposal book (Proposals 155 — 161 and 165 — 172) related to Pacific cod fisheries, originally scheduled for the board's February 26 -March 4, 2013 meeting, have been deferred to a Statewide Pacific Cod Board Meeting tentatively scheduled for October 2013. In addition to the additional topics listed under 42 of this notice, the board has added board - generated proposals to its schedule. For a copy of the proposed regulation changes contact the Alaska Department of Fish and Game, Boards Support Section, P.O. Box 115526, Juneau, AK 99811-5526, tel. (907) 465 -4110 or go to the Internet at: la�ttz�: / /Urvw.adf.alurka ron /index cfrn�adl�r= �sleeriecboard ain. 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 1 15526, Juneau, AK 99811 -5526, or by fax to (907) 465 -6094, 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 any one individual or group relating to proposals at any one meeting will not be accepted. Written public comments limited to 10 single sided or 5 double sided pages in length from any one individual or group will also be accepted after the two -week deadline, but will not be inserted in board member workbooks until the beginning of the meeting, and will only be accepted until the board begins deliberation of proposals. NEW 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 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 any one individual or group may be submitted by hand delivery at any time if 25 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 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 only 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. 11 Bristol Bay Finfish December 4 -12, 2012 Bristol Bay Borough School, 2 School Road, Naknek, AK Arctic- Yukon- Kuskokwim F'infish January 15 -20, 2013 Sheraton )-Hotel, 401 East 6rh Avenue, Anchorage, AK Alaska Peninsula /Aleutians Islands F'infish February 26 -March 4, 2013 Sheraton Hotel, 401 East 6 "' Avenue, Anchorage, AK Statewide I+infish and Supplemental Issues March 19 -24, 2013 Hilton Hotel, 500 West 3rd 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) 465 -4110. 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 or at the relevant meeting. Anyone interested in or affected by subsistence, personal use, commercial fishing, sport, guided sport, or guided sport ecotourism regulations is hereby informed that, by publishing this legal notice, 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 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 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 DURING 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 Monica Wellard at (907) 465 -4110 no later than two weeks prior to the beginning of each meeting to ensure that any 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. Monica Wellard, Executive Director Alaska Board of Fisheries 11/2/2012 _ Date ADDITIONAL REGULATIONS NOTICE INFORMATION (AS 44.62.I90(d)) I . Adopting Agency: Alaska Board of Fisheries. 2. General subject of regulations: FISHERIES IN THE ARCTIC- KOTZEBUE, NORTON SOUND -PORT CLARENCE, YUKON, KUSKOKWIM (collectively referred to as Arctic - Yukon- Kuskokwim or A -Y -K Areas), BRISTOL BAY, ALEUTIAN ISLANDS, AND ALASKA PENINSULA SUBSISTENCE, COMMERCIAL, AND PERSONAL USE FINFISH FISHERY AREAS, AND ATKA -AMLIA ISLANDS COMMERCIAL FINFISH FISHERY AREA; IN THE BERING SEA- KOTZEBUE, KUSKOKWIM, BRISTOL BAY, AND ALASKA PENINSULA - ALEUTIAN ISLANDS COMMERCIAL HERRING FISHERY AREAS; IN THE NORTH SLOPE, NORTHWESTERN, YUKON RIVER, TANANA RIVER, KUSKOKWIM- GOODNEWS, BRISTOL BAY, AND ALASKA PENINSULA & ALEUTIAN ISLANDS SPORT FINFISH FISHERY AREAS; IN THE SOUTH ALASKA PENINSULA, CHUKCHI- BEAUFORT, AND BERING SEA - ALEUTIAN ISLANDS COMMERCIAL GROUNDFISH AREAS; AND STATEWIDE (GENERAL PROVISIONS) FINFISH REGULATIONS, REGULATIONS; and Tanner crab fishery in the CHIGNIK AREA, king crab fishery in the ALEUTIAN ISLANDS AREA, and the finfish fishery in the YAKUTAT AREA and COOK INLET AREA. 3. Citation of regulations: 5 AAC 01 - 5 AAC 77. 4. Reason for proposed actions: Implement, interpret, or make specific the provisions of AS 16.05 -AS 16.20. 5. Program category and RDU affected: Natural Resources and all RDUs. 6. 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. 7. The name of the contact person for the regulations: Monica Wellard, Executive Director Alaska Board of Fisheries PO Box 115526 Juneau, AK 99811 -5526 (907) 465 -4110 Email: monica.wellard@afaska.gov 8. The origin of the proposed action: [X] staff or state agency [X] general public 9. Date: November 2, 2012 Prepared by: Monica Welland, Executive Director Alaska Board of Fisheries (907) 465 -4110 • The Mission of this Task Force is to identify a set of recommended adjustments to the Kenai Late -Run King Salmon Management Plan (5AAC 21.359 ) that would result in the best mix of in -river (sport, guided sport, personal use) and Upper Subdistrict set gill net fishing opportunity while providing the best means of attaining the escapement goal for Kenai River late -run Chinook Salmon during times of low King Salmon abundance as experienced in the 2012 season. The primary goal of the Task Force is to reach agreement on a set of provisions to be brought before the Board of Fisheries during the 2012/2013 Board Cycle (during the Statewide Finfish meeting in March, 2013) that, if adopted by the Board, would modify 5AAC 21.359 Kenai River Late -Run King Salmon Management Plan for the purposes of meeting the above - stated mission. Since the Kenai Late -Run King Salmon Management Plan has linkages between restrictions on in -river fishers and set gillnet fishers it is anticipated that the Task Force's work product will be moved forward as a Board - Generated Proposal replacing ACRs 4 & 17. The Task Force will be co- chaired by Members Webster & Kluberton and consist of another eight members as selected by the co- chairs. Three members will be Upper Subdistrict Set GilInet fishers; one Drift gillnet fisher; two sports fishers; one a sports guide; and, one a personal use (dip net) fisher. ADF &G staff will participate as appropriate. The chairs will solicit interest from the public upon creation of the Task Force by the Board of Fisheries and selection of members will be finalized by November IS`. The first meeting will occur on or, about November I5`h. During the first meeting a tentative schedule for the meetings of the Task Force will be developed with the intent of finalizing its work in time for submission as a public comment for the 2013 Statewide Finfish meeting (March 5, 2013). It is anticipated all meetings will be held in Kenai. November 1, 2012 Co- chairs Tom Kluberton and Vince Webster selection of the nine Members for the Kenai River Late Run King Salmon Mgmt Plan Task Force are listed below: Set petters - (three seats): James (Jim) Butler III (northern area) Ken Coleman (central area) Robert Williams (southern area) Drift Gillnet — (one seat): Ian Pitzman Stsorts Fishers - (two seats): Dwight Krarner Kevin Delaney Gteeded Sport Fisher — (one seat): Andy Szczesny Personal Use — (one seat): Dennis Gease Marine Recreation — (one seat): Luther Anderson Alaska Department of Fish and Game Alaska Department of Fish and Game ADF &G Home » Regulations s) Enforcement Enforcement of Alaska's Fish & Wildlife Laws Page 1 of 1 The primary responsibility for enforcing fish and wildlife- related statutes and regulations in Alaska lies with the Alaska Department of Public Safety, through its Division of Alaska Wildlife Troopers. Biologists and other staff of the Alaska Department of Fish and Game (ADF &G) sometimes participate in enforcement activities and assist the Wildlife Troopers as needed; however, law enforcement is not a primary function of ADF &G. Alaska Wildlife Troopers, Mission Through education, presence, and enforcement actions, the Alaska Wildlife Troopers are committed to reducing boating - related deaths and injuries, and conducting the following types of fisheries, wildlife, and habitat protection actions across the state: Monitoring commercial big game services (pilots, transporters, etc.), and identifying illegal guiding and transporter activities. Preventing unlawful and illegal fisheries harvests, and sales of sport fish and commercial wild stocks. Preventing waste and illegal harvest of hunted or trapped species. Protecting watersheds and other important habitat areas, including by reducing non - compliance with environmental permits. The division also enforces other types of regulations passed by the Board of Game and the Board of Fisheries. This includes those designed to protect Alaska's native species from harmful invasive species, prevent importation of exotic pets , and prevent illegal export of animal parts from Alaska. Usually, the most direct way to reach an officer and report a violation is to contact the nearest Alaska Wildlife Trooper-office. You may also report violations through the Alaska Fish and Wildlife Safe uq and program. http : / /www.adfg.alaska.gov/ index .cT'M?adfg= enforeement.main 1/7/2013 To ensure that the proposal booklets are distributed well in advance of the board meetings and the fishing season, the board has set 5:00 p.m. Wednesday, April 10, 2013 as the proposal deadline. Mail: ADF &G, Boards Support Section P.O. Box 115526 Juneau, AK 99811 -5526 Fax: (907) 465 -6094 Online: http:// boardoffisheries .adfg.alaska,gov/ esaaY, 1 Board Support Section office in Juneau. A postmark is NOT s receipt. ufficient for timely You are encouraged to submit proposals at the earliest possible date. Please use the Board of Fisheries proposal form, available from any office of the Boards Support Section or on our website at http / /www adfo alaska gov /index cfm ?adfg=fisheriesboard forms. Proposals must contain a contact telephone number and address. Please print or type the individual's name or organization's name as appropriate. A fax is acceptable and considered an original. Currently, we are unable to accept submission of proposal via email. We are working with our information technology section and hope to be able to offer this option soon. page 1 of 2 All proposals are reviewed by the board's proposal review committee prior to publication. Language that is emotionally charged detracts from the substance of the proposal. It may draw opposition that may not be germane to the element(s) of the proposal and may elicit nonresponsive charges from the public /board members. The proposal review committee reserves the right to edit proposals containing offensive language. Proposals published in the proposal book will be referenced with the appropriate Alaska Administrative Code citation and include a brief description of the action requested. Following publication, proposal booklets will be available to advisory committees and the public for review and comment. Proposals received per the above "Cali for Proposals" deadline will be considered by the Board of Fisheries during the October 2013 through March 2014 meeting schedule. For more information, please contact the Alaska Board of Fisheries Executive Director at (907) 465 -4110. page 2 of 2 PR OP OSAL, 245 - 5 AAC 57.121. Special provisions and localized additions and exceptions to the seasons, bag, possession, and size limits, and methods and means for the Lower Section of the Kenai River Drainage Area. PROPOSED BY- John McCombs. WHAT WOULD THE PROPOSAL DO? This proposal would add an additional drift boat only day on the Kenai River for both guided and nonguided anglers, occurring each Wednesday in May, June, and July. WHAT ARE THE CURRENT REGULATION' Downstream from the outlet of Skilak Lake, no one may fish from a Department of Natural Resources (DNR) registered guide vessel on any Sunday or Monday during May, June, and July (except Memorial Day). Downstream from the outlet of Skilak Lake, no one may fish from any motorized vessel on Mondays (except Memorial Day) during May, June, and July. For purposes of this regulation, a motorized vessel is one that has a motor on board. WHAT WOULD RE THE EFFECT IF THE PROPOSAL WERE ADOPTED? This proposal would decrease fishing opportunity for power boat anglers by an additional day each week. This proposal would reduce the level of participation in Kenai River sport fisheries, especially the early- and late -run king salmon fisheries. Conflict related to issues such as congestion on the river, bank erosion, and poor quality of the angling experience could be reduced at the expense of king salmon harvest opportunity for anglers who fish from power boats. King salmon fishing effort and harvest would be lower initially. Effort and harvest may increase in the future if more anglers adapt to the new drift boat regulations. BACKGROUND, 'There are a number of seasonal and river - reach - specific boat fishing restrictions that have been implemented over the past 20 years that address many of the issues described in this proposal. Prior to the 2002 season, fishing on Mondays in May and June was prohibited from any vessel. In February 2002, the board allowed fishing on Mondays from unguided nonmotorized vessels. DNR and the Army Corps of Engineers have completed studies to better understand the effect of boat wakes on Kenai River channel morphology and also between boat hull design, engine horsepower, weight loading, and the size and speed of the wake generated by the configurations of these variables. Results of these studies concluded that the Kenai River was maintaining a natural channel and that boats of v -hull configuration with heavy loads generated the largest waves, as well as wave energy, while boats of flat- bottomed configuration produced small waves with less wave energy. In addition, it was concluded that increasing engine horsepower may slightly reduce wave size from boats of v -hull configuration. A DNR regulation allowing the use of motors of up to, and including, those with a total propeller -shaft rating of 50 horsepower in the Kenai River Special Management Area (KRSMA) was adopted in 2008. Additional DNR motor horsepower restrictions enacted specify that 256 motors with a total propeller -shaft rating greater than 35 horsepower must be a four- stroke or a direct fuel injection motor. Furthermore, during the month of July, no one may operate a motorized boat on the Kenai River in the KRSMA- unless the motor is a four - stroke motor or a direct fuel injection motor. Lastly, beginning in 2013 all power boats operating in the KRSMA year -round are required to use either four - stroke motor or a direct fuel injection motor. DEPARTMENT C®IMMENTS• The department is NEUTRAL on this allocative proposal. The board has viewed drift boat only days as an allocative issue. C ®ST ANALYSIS: Approval of this proposal is not expected to result in an additional direct cost for a private person to participate in this fishery. 257 PROPOSAL 246 - 5 AAC 57.121. Special provisions and localized additions and exceptions to the seasons, bag, possession, and size limits, and methods and means for the Lower Section of the Kenai River Drainage Area. PROPOSED BY: Kenai Area Fisherman's Coalition. WHAT WOULD THE PROPOSAL DG? This proposal would add an additional drift boat only day on the Kenai River for both guided and nonguided anglers, occurring each Thursday in May, June, and July. WHAT ARE THE CURRENT REGULATIONS? Downstream from the outlet of Skilak Lake, no one may fish from a Department of Natural Resources (DNR) registered guide vessel on any Sunday or Monday during May, June, and July (except Memorial Day). Downstream from the outlet of Skilak Lake, no one may fish from any motorized vessel on Mondays (except Memorial Day) during May, June, and July. For purposes of this regulation, a motorized vessel is one that has a motor on board. WHAT WOULD BE THE EFFECT IF THE PROPOSAL WERE ADOPTED? This proposal would decrease fishing opportunity for power boat anglers by an additional day. This proposal would reduce the level of participation in Kenai River sport fisheries, especially the early and late -run king salmon fisheries. Conflict related to issues such as congestion on the river, bank erosion, and poor quality of the angling experience could be reduced at the expense of king salmon harvest opportunity for anglers that fish from power boats. King salmon fishing effort and harvest would be lower initially. Effort and harvest may increase in the future if more anglers adapt to the new drift boat regulations. BACKGROUND: There are a number of seasonal and river - reach - specific boat fishing restrictions that have been implemented over the past 20 years that address many of the issues described in this proposal. Prior to the 2002 season, fishing on Mondays in May and June was prohibited from any vessel. In February 2002, the board allowed fishing on Mondays from unguided nonmotorized vessels. This proposal is asking for additional relief from erosion caused by boat wakes and hydrocarbon pollution caused by outboard motor emissions, while also increasing fishing opportunity from nonmotorized vessels without the presence of power boats in the fishery. DNR and the Army Corps of Engineers have completed studies to better understand the effect of boat wakes on Kenai River channel morphology and also between boat hull design, engine horsepower, weight loading, and the size and speed of the wake generated by the configurations of these variables. Results of these studies concluded that the Kenai River was maintaining a natural channel and that boats of v -hull configuration with heavy loads generated the largest waves, as well as wave energy, while boats of flat- bottomed configuration produced small waves with less wave energy. In addition, it was concluded that increasing engine horsepower may slightly reduce wave size from boats of v -hull configuration. 258 A DNR regulation allowing the use of motors of up to, and including, those with a total propeller -shaft rating of 50 horsepower in the Kenai River Special Management Area (KRSMA) was adopted in 2008. Additional DNR motor horsepower restrictions enacted specify that motors with a total propeller -shaft rating greater than 35 horsepower must be a four-stroke or a direct fuel injection motor. Furthermore, during the month of July, no one may operate a motorized boat on the Kenai River in the KRSMA unless the motor is a four - stroke motor or a direct fuel injection motor. Lastly, beginning in 20I3 all power boats operating in the KRSMA year round are required to use either four-stroke motor or a direct fuel injection motor. hi 2008, the board adopted a regulation prohibiting the taking of fish in the Kenai River personal use dip net fishery from a boat powered by a two - stroke motor, other than direct fuel injection. These new outboard motor type restrictions reduced hydrocarbon concentrations in the Kenai River in 2008 -2010 that had been in excess of the Department of Environmental Conservation standard of 10 parts per billion during peak use in July. DEPARTMENT COMMENTS: The department is NEUTRAL on this alloeative proposal. The board has viewed drift boat only days as an allocative issue_ COST ANALYSIS: Approval of this proposal is not expected to result in an additional direct cost for a private person to participate in this fishery. 259 PROPOSAL 247 - 5 AAC 57.121. Special provisions and localized additions and exceptions to the seasons, bag, possession, and size limits, and methods and means for the Lower Section of the Kenai River Drainage Area. PROPOSED BY. Area Fisherman's Coalition. WHAT WOULD THE PROPOSAL DO? This proposal would allow the use of a motor downstream of Cunningham Park (river mile 6.6) to exit the fishery on drift boat only Mondays. WHAT ARE THE CURRENT REGUTATFONS? Downstream from the outlet of Skilak Lake, no one may fish from any motorized vessel on Mondays (except Memorial Day) during May, ,Tune, and July. For purposes of this regulation, a motorized vessel is one that has a motor on board. WHAT WOULD BE THE EFFECT IF THE PROPOSAL WERE ADOPTED? This proposal may increase the fishing effort and harvest of king salmon in the Kenai River. particularly from river mile 11.5 downstream to river mile 6.6 on drift boat Mondays. it may initially reduce congestion in some boat launch areas of the lower river. Congestion may increase in the future if more anglers adapt to the new drift boat regulations. BACKGROUND: Publieally -owned and operated boat landing facilities to retrieve nonmotorized vessels in the lower Kenai River downstream of the Sterling Highway Bridge crossing (river mile 21) are located at approximately river mile 1.5, 12.5, and 20.5. In addition, privately -owned boat landing facilities available for public use are located at river mile 3.0, 11.5, and 13.5. Two other privately -owned boat landing facilities are operated under a fee -based limited entry business model, and hence are not open on a daily basis to the general public. Prior to the 2002 season, fishing on Mondays in May and June was prohibited from any vessel. In February 2002, the board allowed fishing on Mondays from unguided nonmotorized vessels. On Mondays, the river is not closed to motorized vessels to access shore fishing locations; therefore, motorized fishing vessels are traveling up- and downstream through the fishery. Fishing from a nonmotorized vessel on Mondays has increased in popularity. Anglers fish the entire Kenai River downstream of Skilak Lake. Relatively few nonmotorized vessels continue downstream of river mile 11.5 to exit the fishery at river mile 1.5; occasional unfavorable winds and daily tidal influence impede downstream travel at times, but there are otherwise no impediments to doing so. A recent practice is to continue fishing and drifting downstream of river mile 11.5 and stop at Cunningham Park (river mile 6.6) or the Warren Ames Bridge (river mile 5.2), remove fishing equipment, as well as harvested fish, from the nonmotorized vessel, affix a motor to the vessel then travel downstream under power to the Kenai City Dock boat landing (river mile 1.5) to exit the fishery. In the Kasilof River, motors 10 hp or less may be used only downstream of TrujiIlo's Landing, and only after fishing from the boat has stopped for the day. This regulation was created by the board in 2002 to allow anglers to exit the fishery with the use of a motor, which facilitated the ability to move downstream in sometimes difficult conditions due to tidal influence and wind. 260 higure 247 -1. Map of lower Kenai River showing proposed area to allow the use of a motor to exit the fishery on drift boat only Mondays. DEPARTMENT COMMENTS• The department is NEUTRAL on this proposal. However, the proposed regulation is similar to a regulation in place for the Kasilof River, which has worked well for exiting the fishery safely and has been enforceable. Should the board adopt this proposal, the proposed language may need to be revised to meet enforcement requirements. LOST ANALYSIS. Approval of this proposal is not expected to result in an additional direct cost for a private person to participate in this fishery. 261 IROPOSAL FORM Top of form. ® Check the appropriate box (or boxes) for which regulations you wish to change. Enter the regulatory area in which the regulation will apply, such as Bristol Bay, GMU 23, or statewide. If known, enter the series of letter and numbers which identify the regulation to be changed. For example, 5 AAC 72.055. If it will be a new section, then enter 5 AAC 72.XXX. Enter the page in the regulation book containing the regulations on that subject. 2. Write a short explanation about the problem your proposal addresses, or why you are proposing the regulation. 3. State why the regulation should be adopted or provide an explanation about what will happen if the regulation is not changed. 4. Print or type your proposal as you would like to see it appear in the regulation book. If you choose to provide regulatory language, new or amended wording should appear first and be underlined. Wording being deleted should be fully CAPITALIZED and enclosed in [BRACKETS]. EXAMPLES: 5 AAC 27.810. Fishing seasons and periods. In the Togiak and Bay districts, herring may be taken by purse seines and hand purse seines from April 25 through .tune 15 [JUNE 1 ] AAC 85.025(3). Unit 4(B) Caribou. NONRESIDENT HUNTERS: Four [FIVE] caribou. Alternatively, you may state your changes in clear sentences. For example, "Extend the season to June 15 in the Togiak and Bay districts," or "Reduce the bag limit for caribou in Unit 9B to four." 5. If you have information about how the quality of the harvested resource will be affected, include it here. 6. Write a short explanation of which user group[s] will benefit and which wilt suffer if your proposal is adopted into regulation. 7. Explain other ideas you had or your group discussed for solving the problem and why you did not present those ideas. Bottom ofform: Write the name of the group that voted to submit the proposal or your name if you are submitting the proposal. This name will be published in the proposal book. The Boards of Fisheries and Game will not consider anonymous proposals. ® Fill in your address and zip code, and telephone number. These will NOT be published. Mail or fax the completed form to the address at the top of the form. Alaska Board of Fisheries /Game P.O. Box 115526 Juneau, AK 99811 -5526 Fax: 947 - 465=6094 NOTE: Proposals must be received by the deadline in the call for proposals; there are no exceptions. A fax is considered an original. The form must be physically received by fax or mail; postmark is not adequate. If you have any questions or need assistance, please consult staff at any Fish and Game office. ALASKA BOARD OF FISHERIES AND ALASKA BOARD OF GAME REGULATION PROPOSAL FORM PO BOX 115526, JUNEAU, ALASKA 99811 -5526 BOARD OF FISHERIES REGULATIONS BOARD OF GAME REGULATI Fishing Area and Fishery_ Game Management Unit (GMU) ❑ Subsistence ❑ Personal Use ❑ Hunting ❑ Trapping ❑ Sport ❑ Commercial ❑ Subsistence ❑ Other JOINT BOARD REGULATIONS ❑ Resident ❑ Advisory Committee ❑ Regional Council Fl Nonresident Please answer all questions to the best ofyour, ability. All answers will be printed in the proposal packets along with the proposer's mime ` (address and phone numbers will not be published). Use separate forme for each proposal. 1. Alaska Administrative Code Number 5 AAC Regulation Book Page No. 2. What is the problem you would like the Board to address? 3. What will happen if this problem is not solved? 4. What solution do you prefer? In other words, if the Board adopted your solution, what would the new regulation say? 5. Does your proposal address improving the quality of the resource harvested or products produced? If so, how? 6. Solutions to difficult problems benefit some people and hurt others: A. Who is likely to benefit if your solution is adopted? B. Who is likely to suffer if your solution is adopted? 7. Gstany other solutions you considered and why you rejected them. DO NOT WRITE HERE Submitted By: Name Address Phone Page I of I httj)://www.adfg.alaska.gov/dfgsta�ing/CFIDE/serii)ts/aiax/FCKe... 1/7/2013