Anadramous Waters Catalog - Notice of Proposed Changes
Just an fyi:
NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE
ALASKA DEPARTMENT OF FISH AND GAME
The Alaska Department of Fish and Game (ADF&G) proposes to adopt regulation changes in Title 5 of the Alaska Administrative Code, dealing with waters important for the spawning, rearing, or migration of anadromous fish, including the following:
5 AAC 95.011 is proposed to be changed as follows:
The Atlas to the Catalog of Waters Important for the Spawning, Rearing, or Migration of Anadromous Fishes and Catalog of Waters Important for the Spawning, Rearing, or Migration of Anadromous Fishes (Atlas and Catalog), which are adopted by reference in 5 AAC 95.011, will be revised and updated.
Alaska Statute 16.05.871 requires, among other actions, that the Commissioner of the ADF&G "specify" the rivers, lakes and streams or portions of them that are important for the spawning, rearing or migration of anadromous fish. The Commissioner must review plans and specifications of any proposed work or use occurring within a specified anadromous river, lake, or stream. If the Commissioner determines that the plans and specifications provide for the proper protection of fish and game the project will be approved and a Fish Habitat Permit will be issued by the ADF&G, Division of Habitat. The Catalog and Atlas identify and list these anadromous waters and are used by the Commissioner to determine whether such a permit is required for any particular project.
Several revisions are proposed to be made to the Atlas and Catalog. The list of rivers, lakes, and streams will be updated, including additions, deletions, and changes to the legal descriptions of many of these waters. Minor revisions will be made to the introduction of the Catalog and Atlas, including updates to ADF&G regional contact information. Species-specific information will be used in place of undifferentiated species information wherever possible.
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 Paul Blanche, Alaska Department of Fish and Game, 333 Raspberry Rd. Suite 2068, Anchorage, Alaska 99518 or by e-mail to email@example.com. The comments must be received no later than March 21, 2011.
The proposed changes for all six regions of Alaska (Southeastern, Southcentral, Southwestern, Western, Arctic, and Interior) are available for inspection and copying at: the ADF&G offices in Anchorage at 333 Raspberry Rd., in Fairbanks at 1300 College Rd., and in Douglas at 802 3rd St.; the Alaska Resources Library in Anchorage; and the State Library in Juneau. The ADF&G offices in Craig, Palmer, Bethel, Cordova, Delta Junction, Dillingham, Dutch Harbor, Glennallen, Haines, Homer, Ketchikan, King Salmon, Kodiak, Sand Point, Nome, Sitka, Soldotna, Tok, Wrangell, and Yakutat have copies of the proposed changes for their local region. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Paul Blanche at (907) 267-2812 no later than March 14, 2011 to ensure that any necessary accommodations can be provided. Electronic equivalents of the review documents and the atlas maps are also available through the ADF&G website at: http://awc.adfg.alaska.gov
After the public comment period has ended, the ADF&G will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may vary from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED.
Statutory Authority: AS 16.05.020 and AS 16.05.871
Statutes Being Implemented, Interpreted, or Made Specific: AS 16.05.871
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
Date: February 11, 2011 ___________________________________
Cora Campbell, Commissioner
Alaska Department of Fish and Game
ADDITIONAL REGULATIONS NOTICE INFORMATION
1. Adopting agency: Alaska Department of Fish and Game
2. General subject of regulation: Revisions to 5 AAC 95 and the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes and its associated atlas.
3. Citation of regulation: 5 AAC 95.011.
4. Reason for the proposed action: compliance with existing state statutes in AS 16.05.871
5. RDU/component affected: Division of Habitat
6. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year Subsequent
FY 2010 Years
Operating Cost $___ 15.9 _ $__ 0 ___
Capital Cost $___ _0 __ $__ 0 ___
Federal receipts $____ 0 __ $__ 0 ___
General fund $___ 15.9 _ $__ 0 ___
Other funds (specify) $__ _ 0 _ $__ 0 ___
7. The name of the contact person for the regulations:
Name: Paul Blanche
Title: Habitat Biologist
Address: Alaska Department of Fish and Game
333 Raspberry Rd., Suite 2068
Anchorage, AK 99518
Telephone: (907) 267-2812 _
E-mail address: firstname.lastname@example.org
8. The origin of the proposed action: staff of state agency
9. Date: February 11, 2011 Prepared by: ___________________________
Name (typed) Paul Blanche
Title (typed) Habitat Biologist
Telephone: (907) 267-2812
This worries me for some reason. Bushrat do you know how often this has been done in the past? Or anyone else? Is this normal or unusual is what I'm wondering. Thanks for posting this.
From what I have seen, this is done every year as far as updating newly designated tributaries (where data has finally been collected that shows a stream serves as spawning habitat, or more often rearing habitat, etc.
I certainly do think it is critical to keep an eye on changes to regulations regarding the permitting process for "activities" in anadromous waters, so if you find out anything, do tell.
As an example of what these regulations update, last year I contacted adf&g about one of the tributaries of the Little Su that I am most familiar with, and how inaccurate its course was drawn on the map (especially the last 1/2 mile before its mouth, which was shown a long ways off in the catalog), because the rivers and streams are generally plotted based on old, inaccurate topos, unless they have more recent gps info due to projects in the area.
I contacted them providing a more accurate just after the reg. updates were released, so they could not incorporate them last year, but J. Johnson told me it would go on the list for this year, and sure enough, it has been updated. I also hounded USFWS staff who were overseeing a stream culvert replacement project here, and told them the same thing (amongst other things they ought to look into) and they said they intended to walk the entire stream to the mouth with gps to get an accurate course.
So, I don't think there is anything sinister going on here. I am still frustrated that my repeated observations of Coho spawning in one stream, and Chinook (designated K in the catalog) spawning in another stream, have not made it into the catalog because my word and photos are not good enough, and of course they can't always send somebody to verify, which in this case isn;t the biggest deal in the world, because the waters are at least listed as rearing habitat (and I think the protections are the same)
There is a form that you can fill out to suggest an update if you see something inaccurate, or know a stream to be anadramous that is not listed.
Well, a bit concerned with "deletions" mentioned, won't know more til we see the full file. Just wanted to make people aware of this. Thanks for the info andweav...in reading this I had assumed this was more wide-ranging changes/updates than what has previously been done. Maybe someone else can say for sure if this is something different or not.
Yes this happens every year when they update the catalog. Each summer (assuming funding) a different area is surveyed... Last few years has been all over the lower/upper Kuskokwim tribs... This past summer it was out of Coldfoot in the Chandalar and surrounding tribs..
If you look at this link http://www.adfg.alaska.gov/static/la...draft_regs.pdf you will see that the only change to the text language of the regulation is to change the date from 2010 to the 2011 revision of the Catalog...
Most are additions due to the survey work conducted each summer and having to adjust stream #'s and reach lengths (which reflect what has been sampled, not what ADF&G believes the extent of presence of anadromous species is) the deletions are mostly species specific that were not supported under more intensive sampling efforts..