Loading...
HomeMy WebLinkAboutResolution No. 2013-18Suggested by Council Members: Mike Boyle Brian Gabriel Bob Molloy Terry Bookey Tim Navarre Ryan Marquis Mayor, Pat Porter CITY OF KENAI RESOLUTION NO. 2013 -18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING THE SUBMISSION OF A PROPOSAL TO THE ALASKA BOARD OF FISHERIES FOR ITS 2014 MEETINGS TO AMEND 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, AND 5 AAC 21.359, KENAI RIVER LATE -RUN KING SALMON MANAGEMENT PLAN BY ADDING AN ADDITIONAL NON - MOTORIZED DAY OPEN TO GUIDES IN MAY, JUNE, AND JULY ON THE KENAI RIVER FROM THE WARREN AMES BRIDGE UPSTREAM TO THE OUTLET OF SKILAK LAKE. WHEREAS, the Kenai River and its salmon runs are important to the City of Kenai and its residents, providing a wide range of subsistence, personal use, recreational, and commercial opportunities; and, WHEREAS, from 2008 through 2010 the Kenai Watershed Forum monitored turbidity at several sites on the lower Kenai River; and, WHEREAS, the Kenai Watershed Forum reported in its Final Report dated June 29, 2012 that analysis of the data revealed evidence that state turbidity standards were exceeded on several occasions and that there is a strong correlation between high boat traffic and elevated turbidity; and, WHEREAS, 5 AAC 21.359, Kenai River Late -Run King Salmon Management Plan, currently restricts the sport fishery on that portion of the Kenai River downstream from Skilak lake to unguided sport fishing from a non - motorized vessel on Mondays in July; and, WHEREAS, 5 AAC 57.121, Special provisions and localized additions and exceptions to seasons, bag, possession, and size limits, and methods and means for the lower section of the Kenai River Drainage Area, restricts fishing on Mondays to non - motorized unguided vessels from the Sterling Highway bridge to the outlet of Skilak Lake in May, June, and July as described in 5 AAC 21.359, and makes an exception for certain uses of a 10 horsepower motor on Mondays from the Mouth of the Kenai River to the Skilak Lake outlet; and, WHEREAS, drift boat only days on the Kenai River provide a recreational benefit to certain users on the Kenai River; and Resolution No. 2013 -18 Page 2 of 2 WHEREAS, adding an additional drift boat only day on the river but allowing guides to fish with clients on such a day will allow guides an opportunity to continue earning income from guided fishing trips on the Lower Kenai while decreasing adverse impacts of motorized vessel use on the Kenai River; and WHEREAS, the City of Kenai Harbor Commission recommended via Resolution No. HC 13 -01, passed on March 25, 2013, that the Kenai City Council resolve to submit a proposal to the Alaska Board of Fisheries adding an additional drift boat day on Thursdays on the Kenai River from Warren Ames Bridge upstream to the outlet of Skilak Lake, and allow guided fishing on such day. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, That the City of Kenai submit to the Alaska Board of Fisheries for it 2014 meetings, Attachment A, a proposal amending 5 AAC 57.121. and 5 AAC 57.121 to add another non - motorized vessel day on the Kenai River from the Warren Ames Bridge upstream to the outlet of Skilak Lake and to allow guided fishing on that day. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of April, 2013. PAT PORTER, MAYOR ATT T: A � 1PIL S d a M digh, ity Clerk Resolution No. 2013 -18 Attachment A - Proposal Form ALASKA BOARD OF FISHERIES AND ALASKA BOARD OF GAME REGULATION PROPOSAL FORM PO BOX 115526, JUNEAU, ALASKA 99811 -5526 Fishing Area and Fishery _ ❑ Subsistence M Sport JOINT BOARD REGULATIONS i@ Advisory Committee KENAI RIVER BELOW SKILAK LAKE ❑ Personal Use ❑ Commercial ® Regional Council UVAND VY tiAML KbilvULAI' Game Management Unit (GMU) ❑ Hunting ❑ Subsistence ❑ Resident ❑ Nonresident ❑ Trapping ❑ Other Please answer all questions to the best of your ability. All answers will be printed in the proposal packets along with the proposer's name (address and phone numbers will not be published). Use separate forms for each proposal. 1. Alaska Administrative Code Number 5 AAC 21.259(b)(2) and 57.121(3)(A)8(F) Regulation Book Page No. 2. What is the problem you would like the Board to address? Minimize adverse impacts from motorized vessel use on the Kenai River and provide more opportunity for drift boat users. The Kenai Watershed Forum reported in its Final Report dated June 29, 2012 that analysis of sate from water monitoring on the lower Kenai River indicated that state turbidity standards were exceeded on several occasions during the study from 2008 through 2010 and that there is a strong correlation between high boat traffic and elevated turbidity. 3. What will happen if this problem is not solved? Adverse impacts to salmon and wildlife habitat from motorized vessel use on the Kenai River will continue and drift boat only days on the lower Kenai River will continue to be limited to one day per week. 4. What solution do you prefer? In other words, if the Board adopted your solution, what would the new regulation say? Amend 5 AAC 21.359(b)(2) as follows: In the sport fishery, that portion of the Kenai River downstream from Skilak Lake is open to unguided sport fishing from a non - motorized vessel on Mondays in July, AND IS OPEN TO GUIDED AND UNGUIDED SPORT FISHING ON THURSDAYS IN JULY FROM A NON MOTORIZED VESSEL Amend 5 AAC 57.121(3)(A) as follows: on any Monday in May, June, and July, except Memorial Day, in that portion of the Kenai River from the Sterling Highway Bridge upstream to the outlet of Skilak Lake, except that unguided sport fishing from a non - motorized vessel is allowed on Mondays AND GUIDED AND UNGUIDED SPORT FISHING FROM A NON - MOTORIZED VESSEL IS ALLOWED ON THURSDAYS in May, June, and July as described in 5 AAC 21.359(b) (2): for the purposes of this subparagraph, "non - motorized vessel" is a vessel that does not have a motor on board: Amend 5 AAC 57.121(F) as follows: notwithstanding the provisions of (A) of this paragraph, on any Monday or THURSDAY.... S. Does your proposal address improving the quality of the resource harvested or products produced? If so, how? No 6. Solutions to difficult problems benefit some people and hurt others: A. Who is likely to benefit if your solution is adopted? Drift Boat users and perhaps ail users of the Kenai river through improved fish and wildlife habitat B. Who is likely to suffer if your solution is adopted? Power boat users, except that they may also benefit from habitat improvement 7. List any other solutions you considered and why you reiected them. DO NOT WRITE HERE Submitted By: Name City of Kenai Individual or Group 210 Fidalgo Avenue Kenai, Alaska 99611 Address City, State ZIP Code 283 -8222 (City Manager) rkoch @ci.kenai.ak.us Home Phone Work Phone Email V April 5, 2013 'Villaye with a Past, Gc�y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us Alaska Board of Fisheries Alaska Department of Fish and Game P.O. Box 115526 Juneau, AK 99811 -5526 At its regularly scheduled meeting on April 3, 2013, the Kenai City Council adopted Resolution No. 2013 -18, approving the submission of a proposal to the Alaska Board of Fisheries for its 2014 meetings to amend 5AAC 57.121 and 5AAC 57.121 to add another non - motorized vessel day on the Kenai River from the Warren Ames Bridge upstream to the outlet of Skilak and to allow the guided fishing on that day. Enclosed please find a copy of City of Kenai Resolution No. 2013 -18 and a completed proposal form. Should you have any questions or comments, you can call me at 907- 283 -8247. Regards, CITY OF KENAI andra Modigh, CMC City Clerk Enclosures u'r OFFICE OF THE CITY CLERK CITY OF KENAI 210 FIDALGO AVENUE, SUITE 200 KENAI, AK 99611 -7794 Telephone: 283 -7535, Extension 231 Fax: 907 - 283 -5068 FAX To: ADF &G, Boards Support Section From: City of Kenai 5ub ject: Regulation Proposal form Phone: (907)283 -7535, ext. 231, Fax: (907)283 -5068 Date: April 5, 2013 Pages: 5 including cover sheet REMARKS " "Vii &ye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ( FAX: 907 - 283 -3014 M MEMORANDUM TO: Mayor Porter and Council Members FROM: Council Members Mike Boyle, Brian Gabriel and Bob Molloy DATE: March 27, 2013 SUBJECT: Drift Boat Resolution No. 2013 -18 At a special meeting on March 25, 2013, the Harbor Commission recommended via Resolution HC13 -01, (attached hereto) that the City Council resolve to submit a proposal to the Alaska Board of Fisheries amending a section of the administrative code to provide for an additional `drift boat' day on Thursdays on the Kenai River below the Skilak Lake outlet. The recommendation includes making this second `drift boat' day open to guided fishing unlike the existing `drift boat' day, Monday, which is only open to non - guided anglers. The Harbor Commission held a special meeting because proposals for the Alaska Board of Fisheries for consideration at its 2014 meetings are due by April 10, 2013. Since the Harbor Commission's March 25, 2013 meeting, the City Attorney has conducted additional research resulting in certain changes to the proposal that would be submitted if this Resolution passes versus what was recommended by the Harbor Commission. Attached for your reference are the relevant provisions of the state administrative code. If the Council were to pass this Resolution, the proposal, Attachment A to the Council Resolution, would be submitted to the Alaska Board of Fisheries for consideration only. Unless action is taken by the Board of Fisheries, no change will occur. While management of the Kenai River Fisheries is not generally regulated by the City, the River and its salmon runs are important to the City and its residents, providing a wide range of subsistence, personal use, recreational and commercial opportunities. This Resolution is intended to help protect the river from adverse impacts of motor vessel use. A report from the Kenai Watershed Forum, finalized June 29, 2012, that monitored turbidity at several sites on the Kenai River, concludes that on several occasions state turbidity standards were exceeded and that there is a strong correlation between high boat traffic and elevated turbidity. Further an extra `drift boat' day on the River will provide a recreational benefit for certain users. As this second `drift boat' day is proposed to be Mayor Porter and City Councilors March 27, 2013 Page 2 of 2 open to guided and un- guided anglers alike, guides would still have the opportunity to work on the river on this expanded drift boat day, although only with use of non- motorized drift boats. Your consideration is appreciated. CADocuments and Settings \smodigh\Local Settings \Temporary Internet Files \Content.0utlook \7XYXQH2V \Drift Boat Resolution Memo 032713.docx S 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. Unless otherwise specified by an emergency order issued under AS 16.05.060, the following are the special provisions and localized exceptions to the general seasons, bag, possession, and size limits, and methods and means set out in 5 AAC 57.120 and 5 AAC 75 for the Lower Section of the Kenai River Drainage Area: (1) sport fishing gear restrictions: (A) from January 1 - June 30, in the Kenai River, only one unbaited single -hook, artificial lure may be used; (B) from July 1 - July 31, in the Kenai River from its mouth upstream to an ADF &G regulatory marker located at the outlet of Skilak Lake, only one single hook, may be used; (C) from September 1 - December 31, in the Kenai River from the mouth of the Upper Killey River upstream to an ADF &G regulatory marker located at the outlet of Skilak Lake, only unbaited, artificial lures may be used; (D) from December 1 - December 31, in the Kenai River from its mouth upstream to the outlet of Skilak Lake, only unbaited artificial lures may be used; (E) from May 15 - August 15, the Moose River from its confluence with the Kenai River upstream to the upstream edge of the Sterling Highway Bridge, and the waters of the Kenai River within a 100 -yard radius of the Moose River, are fly- fishing -only waters; (F) from January 1 - July 31, the following waters are fly- fishing -only waters: (i) that portion of the Kenai River from an ADF &G regulatory marker located approximately 300 yards downstream from the mouth of Slikok Creek, upstream to an ADF &G regulatory marker located approximately 100 yards upstream from the mouth of Slikok Creek; (ii) that portion of the Kenai River from an ADF &G regulatory marker located approximately one mile downstream from the mouth of Funny River, upstream to an ADF &G regulatory marker located approximately 200 yards upstream from the mouth of the Funny River; (G) from January 1 - July 31, that portion of the Kenai River from an ADF &G regulatory marker located approximately three - quarters of a mile downstream from the mouth of the Lower Killey River, upstream to an ADF &G regulatory marker located approximately one mile upstream from the mouth of the Lower Killey River, is fly- fishing -only waters; (H) in Hidden Lake Creek, only one unbaited, single -hook, artificial lure may be used; (I) in Mackey Lakes, Derks Lake, Sevena Lake, Union Lake, and the unnamed lakes on Tote Road, five lines may be used to fish for northern pike through the ice; allowable gear is limited to standard ice fishing gear as specified in 5 AAC 57.120(9)(Bl; fishing gear must be closely attended as specified in 5 AAC 75.033; all other species of fish caught must be released immediately; (2) the following waters of the Kenai River are closed to sport fishing, as follows: (A) from April 15 - August 15, Slikok Creek; (B) from January 1 - December 31, the flowing waters of Soldotna Creek upstream of ADF &G markers located approximately 100 feet upstream from its confluence with the Kenai River; (C) from May 2 - June 10, the flowing waters of Soldotna Creek downstream from an ADF &G regulatory marker located approximately 100 feet upstream from its confluence with the Kenai River; (D) from January 1 - July 31, that portion of the Kenai River from an ADF &G regulatory marker located approximately one mile downstream from the mouth of the Funny River, upstream to an ADF &G regulatory marker located approximately 200 yards upstream from the mouth of the Funny River, is closed to the taking of king salmon; (E) from June 11 - August 14, the Funny River from the Kenai River upstream to the Funny River Road Bridge; (F) from May 2 - June 10, the flowing waters of Moose River upstream of the upper edge of the Sterling Highway Bridge; (G) from January 1 - July 31, that portion of the Kenai River from an ADF &G regulatory marker located approximately three - quarters of a mile downstream from the mouth of the Lower Killey River, upstream to an ADF &G regulatory marker located approximately one mile upstream from the mouth of the Lower Killey River, is closed to the taking of king salmon; (H) from May 2 - June 10, Hidden Lake Creek; (I) from July 1 - August 15, the Kenai River riparian habitats described in 5 AAC 57.180(d) are closed to all sport fishing, except to sport fishing from a boat that is more than 10 feet from shore and is not connected to the shore or any riparian habitat; (J) from January 1 - July 31, the waters in that portion of the Kenai River from an ADF &G regulatory marker located approximately 300 yards downstream from the mouth of Slikok Creek, upstream to an ADF &G regulatory marker located approximately 100 yards upstream from the mouth of Slikok Creek, is closed to the taking of king salmon; (K) from May 2 - June 10, in that portion of the Kenai River from the mouth of the Upper Killey River upstream to an ADF &G regulatory marker located at the outlet of Skilak Lake; ry a person may not sport fish from a boat (A) on any Monday in May, June, and July, except Memorial Day, in that portion of the Kenai er from the Sterling Highway Bridge upstream to the outlet of Skilak Lake, except that unguided sport fishing from a non - motorized vessel is allowed on Mondays in May, June, and July as described in 5 AAC 21.359(b)(2); for the purposes of this subparagraph, "non- motorized vessel" is a vessel that does not have a motor on board; (B) from January 1 - July 31, in the following waters: (i) in that portion of the Kenai River from an ADF &G regulatory marker located approximately 300 yards downstream from the mouth of Slikok Creek upstream to an ADF &G regulatory marker located approximately 100 yards upstream from the mouth of Slikok Creek; (ii) in that portion of the Kenai River from an ADF &G regulatory marker located approximately one mile downstream from the mouth of the Funny River, upstream to an ADF &G regulatory marker located approximately 200 yards upstream from the mouth of Funny River; (C) from May 15 until the end of the king salmon season, or July 31, whichever is later, in the following waters: (i) in that portion of the Kenai River from an ADF &G regulatory marker located approximately 250 yards downstream from the upper breakwater at Centennial Park boat launch, upstream to the Sterling Highway Bridge at Soldotna; (ii) in that portion of the Kenai River from an ADF &G regulatory marker located approximately 100 yards downstream from the landing at Morgan's Hole, at river mile 31, upstream to an ADF &G regulatory marker located at the north section line of Section 28, Township 5 North, Range 9 West, Seward Meridian; (iii) in that portion of the Kenai River within a 100 -yard radius of the mouth of the Moose River, and the Moose River upstream to the upstream edge of the Sterling Highway Bridge; (D) from January 1 - July 31, in that portion of the Kenai River from an ADF &G regulatory marker located approximately three - quarters of a mile downstream from the mouth of the Lower Killey River, upstream to an ADF &G regulatory marker located approximately one mile upstream from the mouth of the Lower Killey River; (E) that is anchored in that portion of the Kenai River from an ADF &G regulatory marker located at the outlet of Skilak Lake, downstream to an ADF &G regulatory marker located at approximately river mile 47, from August 1 - December 31; for the purposes of this paragraph, "anchored vessel" means a vessel on which any device other than oars, paddles, or a motor is used to slow or stop the downstream drift of the vessel; (F) otwithstanding the provisions of (A) of this paragraph, on any Monday in May, June, and y, except Memorial Day, in that portion of the Kenai River from its mouth upstream to the Sterling Highway Bridge, and except as described in 5 AAC 21.359(b)(2), a vessel that has on board the vessel no more than one motor that is not more than 10 horsepower may be used only between the mouth of the Kenai River and ADF &G regulatory markers located at Cunningham Park, and only after fishing from the vessel has ceased for that day; a person may not deploy sport fishing gear from a vessel after a motor has been used to propel that vessel on the same day; (G) from July 1 - July 31, in that portion of the Kenai River from an ADF &G regulatory marker located at approximately river mile 11 upstream to an ADF &G regulatory marker located at approximately river mile 12, a person may not sport fish for any species of fish from a vessel that is making upstream progress relative to the water with the aid of a motor; (4) sport fishing from guided vessels is restricted in waters of the Kenai River as specified in 5 AAC 57.140(c) and 5 AAC 57.170(b)(2); (5) Hidden Lake is closed to sport fishing for burbot; (6) in Hidden Lake, the bag and possession limit for lake trout is one fish, with no size limit. 5 AAC 21.359. Kenai River Late -Run King Salmon Management Plan Pagel of 3 Alcls ka I.CtNal Rcsc)(.11'Lc'C cw.ci- Download Goo2le Chrome www.google.com/chrome Searching is fast and easy with Google's web browser. Adchoices t;} Made available by Touch N' Go Systems, Inc., and the Law Offices of James B. Gottstein. You can also go to The Alaska Legal Resource Center or search the entire websitesearch. Touch N' Go,' the DeskTop In- and -Out Board makes your Title 5. Fish and Game Chanter 21 . Transportation, Possession and Release of Live Fish; Aquatic Farming Section 359. Kenai River Late -Run King Salmon Management Plan 5 AAC 21.359. Kenai River Late -Run King Salmon Management Plan (a) The purposes of this management plan are to ensure an adequate escapement of late -run king salmon into the Kenai River system and to provide management guidelines to the department. The department shall manage the late -run Kenai River king salmon stocks primarily for sport and guided sport uses in order to provide the sport and guided sport fishermen with a reasonable opportunity to harvest these salmon resources over the entire run, as measured by the frequency or inriver restrictions. (b) The department shall manage the late run of Kenai River king salmon to achieve a biological escapement goal of 17,800 - 35,700 king salmon, as follows: (1) in the sport fishery, (A) if the biological escapement goal is projected to be exceeded, the commissioner may, by emergency order, extend the sport fishing season up to seven days during the first week of August; (B) from July 1 through July 31, a person may not use more than one single hook in the Kenai River downstream from Skilak Lake; (2 in the sport fishery, that portion of the Kenai River downstream from Skilak Lake is open to unguided sport fishing from a non - motorized vessel on Mondays in July; for purposes of this section a non - motorized vessel is one that does not have a motor on board; (3) if the projected inriver return is less than 17,800 king salmon, the department shall http: / /www.touchngo.com/lglcntr/ akstats/ aac/ title05 /chapterO2l /section359.htm 3/27/2013 5 AAC 21.359. Kenai River Late -Run King Salmon Management Plan Page 2 of 3 (A) close the sport fisheries in the Kenai River and in the salt waters of Cook Inlet north of the latitude of Bluff Point to the taking of king salmon; (B) close the commercial drift gillnet fishery in the Central District within one mile of the Kenai Peninsula shoreline north of the Kenai River and within one and one -half miles of the Kenai Peninsula shoreline south of the Kenai River; and (C) close the commercial set gillnet fishery in the Upper Subdistrict of the Central District. (c) From July 20 through July 31, (1) repealed 6/22/2002; (2) if the projected inriver return of late -inn king salmon is less than 40,000 fish and the inriver sport fishery harvest is projected to result in an escapement below 17,800 king salmon, the department may restrict the inriver sport fishery; (3) repealed 6/22/2002; (4) if the inriver sport fishery is closed under (2) of this subsection, the commercial set gillnet fishery in the Upper Subdistrict shall be closed; (5) repealed 6/11/2005. (d) Repealed 6/22/2002. (e) Consistent with the purposes of this management plan and 5 AAC 21.360, if the projected inriver return of king salmon is less than 40,000 fish, the department may not reduce the closed waters at the mouth of the Kenai River described in 5 AAC 21.350 (f) The provisions of the Kasilof River Salmon Management Plan (5 AAC 21.365 are exempt from the provisions of this section. (g) The department will, to the extent practicable, conduct habitat assessments on a schedule that conforms to the Board of Fisheries (board) triennial meeting cycle. If the assessments demonstrate a net loss of riparian habitat caused by noncommercial fishermen, the department is requested to report those findings to the board and submit proposals to the board for appropriate modification of this plan. History: Eff. 6/10/89, Register 110; em am 4/30/91 - 5/30/91, Register 118 [not printed]; am 7/21/91, Register 119; am 5/31/96, Register 138; am 5/14/97, Register 142; am 2/25/98, Register 145; am 6/13/99, Register 150; am 6/22/2002, Register 162; am 6/30/2002, Register 162; am 6/11/2005, Register 174 Authority: AS 16.05.060 AS 16.05.251 Adventures in Alaska www.whale- watch.biz 5 -star Whalewatch with Captain Jack 100% refund if no whales or seasick Note to HTML Version: AdChoiees > http: / /www.touchngo.com/lglcntr/ akstats/ aac/ title05 /chapterO21 /section359.htm 3/27/2013 5 AAC 21.359. Kenai River Late -Run King Salmon Management Plan Page 3 of 3 The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006. If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E -mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved. Last modified 7/05/2006 http:// www. touchngo. com/ Iglentr/ akstats/ aac/ title05 /chapter021 /section359.htm 3/27/2013 CITY OF KENAI OLUTION NO. HC13 -01 A RESOLUTION OF THE CITY OF KENAI HARBOR COMMISSION RECOMMENDING THE KENAI CITY COUNCIL SUBMIT A PROPOSAL TO THE ALASKA BOARD OF FISHERIES TO AMEND 5 AAC 57.121(3)(A) BY ADDING AN ADDITIONAL NON - MOTORIZED DAY IN MAY, JUNE AND JULY ON THE KENAI RIVER FROM THE WARREN AMES BRIDGE UPSTREAM TO THE OUTLET OF SKILAK LAKE. WHEREAS, the Harbor Commission is required by KMC 11.10.010, Duties and Powers, to make investigations regarding any matter related to City harbor facilities, tide or submerged lands and make recommendations to the Council relative to the care, control and development of tide and submerged lands; and, WHEREAS, currently 5 AAC 57.121(3)(A) provides that on any Monday in May, June, and July, except Memorial Day, in that portion of the Kenai River from the Sterling Highway Bridge upstream to the outlet of Skilak Lake, except that unguided sport fishing from a non - motorized vessel is allowed on Mondays in May, June, and July as described in 5 AAC 21.359(b)(2); for the purposes of this subparagraph, "non- motorized vessel' is a vessel that does not have a motor on board; and, WHEREAS, drift boat only days on the Kenai River provide a recreational benefit to certain users of the Kenai River; and WHEREAS, allowing guides to fish with clients on Thursdays from drift boats will allow them to continue earning income from guided trips on the Kenai; and WHEREAS, restricting motorized use on the Kenai River decreases the adverse impact of motorized use on habitat critical to salmon and other wildlife. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI, ALASKA HARBOR COMMISSION: 1. That it is recommended that the City Council submit the attached proposal (ATTACHMENT A) to the Alaska Board of Fisheries to amend 5 AAC 57.121(3) (A) as follows: (A) on any Monday in May, June, and July, except Memorial Day, in that portion of the Kenai River from the [STERLING HIGHWAY BRIDGE] Warren Ames Bridge upstream to the outlet of Skilak Lake, except that unguided sport fishing from a non - motorized vessel is allowed on Mondays and guided and New Text Underlined; [DELETED TEXT BRACKETED] May, June, and July as described in 5 AAC 21.359(b)(2); for the purposes of this subparagraph, "non- motorized vessel" is a vessel that does not have a motor on board; PASSED BY THE HARBOR COMMISSION OF THE CITY OF NAI ALASKA this 25th day of March, 2013. � �Z7 ATTEST: S d a fodigh, City Clerk i PHILLIP A"N, HAR COMMISSION CHAIR Fishing Area and Fishery ❑ Subsistence Q Sport ALASKA BOARD OF FISHERIES AND ALASKA BOARD OF GAME REGULATION PROPOSAL FORM PO BOX 115526, JUNEAU, ALASKA 99811 -5526 KENAI RIVER BELOW SKILAK LAKE ❑ Personal Use ❑ Commercial JOINT BOARD REGULATIONS ro-1 Advisory Committee X Regional Council Game Management Unit (GMU) ❑ Hunting ❑ Trapping ❑ Subsistence ❑ Other ❑ Resident ❑ Nonresident Please answer all questions to the best of your ability. All answers will be printed in the proposal packets along with the proposer's name (address and phone numbers will not be published). Use separate forms for each proposal. 1. Alaska Administrative Code Number 5 AAC 57.121(3)(A) Regulation Book Page No. 2. What is the problem you would like the Board to address? Minimize adverse impacts to critical salmon and other wildlife habitat from motorized vessel use on the Kenai River and provide more opportunity for drift boat users. 3. What will happen if this problem is not solved? Adverse impacts to critical salmon and wildlife habitat from motorized vessel use on the Kenai River will continue and drift boat only days on the lower Kenai River will continue to be limited to one day per week. 4. What solution do you prefer? In other words, if the Board adopted your solution, what would the new regulation say? Amend 5 AAC 57.121(3)(A) as follows: (A) on any Monday in May, June, and July, except Memorial Day, in that portion of the Kenai River from the Warren Ames Bridge upstream to the outlet of Skilak Lake, except that unguided sport fishing from a non - motorized vessel is allowed on Mondays AND GUIDED AND UNGUIDED SPORT FISHING FROM A NON - MOTORIZED VESSEL IS ALLOWED ON THURSDAYS in May, June, and July as described in 5 AAC 21.359(b) (2); for the purposes of this subparagraph, "non- motorized vessel" is a vessel that does not have a motor on board; 5. Does your proposal address improving the quality of the resource harvested or products produced? If so, how? No 6. Solutions to difficult problems benefit some people and hurt others: A. Who is likely to benefit if your solution is adopted? Drift Boat users and perhaps all users of the Kenai river through improved fish and wildlife habitat B. Who is likely to suffer if your solution is adopted? Power boat users, except that they may also benefit from habitat improvement 7. List any other solutions you considered and why you rejected them. DO NOT WRITE HERE Submitted By: Name City of Kenai Individual or Group 210 Fidalgo Avenue Kenai, Alaska 99611 Address City, State ZIP Code 283 -8222 (City Manager) rkoch @ci.kenai.ak.us Home Phone Work Phone Email