NOTICE OF PROPOSED CHANGES IN REGULATIONS
AND OF A PUBLIC MEETING
COMMERCIAL FISHERIES ENTRY COMMISSION

The Alaska Commercial Fisheries Entry Commission proposes to adopt regulation changes in Title 20, Chapter 05 of the Alaska Administrative Code, to establish a vessel permit limited entry system for the statewide weathervane scallop fishery, including the following:

(1) Amend 20 AAC 05.230 to change the description of the administrative areas for the scallop fishery.

(2) Adopt new sections to establish a vessel permit limited entry system for the statewide weathervane scallop fishery, including: designating the statewide weathervane scallop fishery as having reached a level requiring limitation of entry under a vessel permit system; establishing a qualification date for determining an applicant’s qualifications for a statewide weathervane scallop vessel entry permit; establishing an application period and an application process; establishing an application fee; establishing qualifications to receive a vessel entry permit; establishing fishing capacity restrictions; establishing provisions for the substitution of a vessel; establishing provisions to prevent excessive concentration of ownership; establishing provisions for the transfer of vessel entry permits; establishing provisions for the renewal of vessel entry permits; establishing fees for the vessel entry permits; establishing processing fees for the transfer and substitution of vessel entry permits; establishing definitions dealing with the limitation of the statewide weathervane scallop fishery; and providing for the expiration of vessel entry permits.

Notice is given that any vessel entry permits issued for the statewide weathervane scallop fishery will expire as of December 31, 2008 unless statutory authority is extended.

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 Susan Haymes at CFEC, 8800 Glacier Highway, Suite 109, Juneau, AK 99801-8079 or by email: susan_haymes@cfec.state.ak.us.  The comments must be received no later than 5:00 p.m. on February 23, 2003.

The Commission invites public comment on all aspects of the proposed regulation changes, including whether a vessel permit limited entry system is necessary to achieve the purposes to be served by limiting entry into the fishery, or whether a traditional, individual license limited entry system under which permits are issued to vessel operators (interim-use permit holders), is sufficient to achieve these purposes.

Oral or written comments also may be submitted at hearings to be held on February 10 and 19, 2004 at the Commission’s Conference Room, 8800 Glacier Highway, Suite 109, in Juneau, Alaska and by teleconference.   The hearing on February 10, 2004 will be held from 2:00 PM to 4:00 PM and may be extended to accommodate those present before 3:30 p.m. who did not have an opportunity to comment.  Anyone interested in participating in the February 10 hearing by teleconference can dial

1-800-315-6338, followed by CFEC (2332)#, at 2:00 PM.

The February 19, 2004 hearing will be held from 9:00 AM to 11:00 AM and may be extended to accommodate those present before 10:30 a.m. who did not have an opportunity to comment.  Anyone interested in participating by teleconference can dial 1-800-315-6338, followed by CFEC (2332)#, at 9:00 AM.

If you are a person with a disability who may need a special accommodation in order to participate in this process, please contact Susan Haymes at (907) 789-6160 no later than February 6, 2003, to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Susan Haymes, Law Specialist, Commercial Fisheries Entry Commission, 8800 Glacier Highway, Suite 109, Juneau, AK 99801-8079, (907) 789-6160, Fax: (907) 789-6170, Email: susan_haymes@cfec.state.ak.us or go to http://www.cfec.state.ak.us.  

After the public comment period ends, the Commercial Fisheries Entry Commission 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 be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED.

Statutory Authority:  AS 16.43.100; AS 16.43.110(a)

Statutes Being Implemented, Interpreted, or Made Specific: AS 16.43.100;

AS 16.43.110; AS 16.43.200; AS 16.43.450; AS 16.43.460; AS 16.43.480;

AS 16.43.490; AS 16.43.500; AS 16.43.510; AS 16.43.520

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

Under the Open Meetings Act (AS 44.62.310), the Commission will conduct a public meeting in the Commission’s Conference Room 8800 Glacier Highway, Suite 109, Juneau, Alaska, on February 26, 2004 at 3:30 PM to consider action upon the proposed regulations. You can contact Susan Haymes for a copy of the agenda on the Friday before the scheduled meeting.  No public testimony will be accepted at this meeting.

By Direction of the
Commercial Fisheries Entry Commission

Frank Homan, Commissioner
Mary McDowell, Commissioner
Bruce Twomley, Chairman

/s/ Bruce Twomley   
    Dated: January 22, 2004