UFA Update

UFA Update
January 2, 2009

Happy 2009 to all fishing families and friends.
EVOS Plaintiffs – be sure your accountant knows about the EVOS Tax treatment passed with the help of Senator Murkowski.

Table of Contents
1. Comment by January 21 for Area 2C Charter Halibut one fish bag limit
2. NOAA proposes charter halibut catch reduction
3. Oil spill checks get solemn reception
4. Outlining choices made by fisheries board (Cordova meeting)
5. BOF summary of actions from December PWS Cordova meeting
6. BOF Proposal 379 rescheduled to 2001 Cook Inlet Meeting
7. NPFMC Items from December Meeting:
8. State questions Redfern on Taku barging project
9. Changes to federal mining could affect Alaska's fish
10. Alaska Celebrates 50 Years of Statehood and Seafood Sustainability
11. ASMI: Sustainable 2009 Harvest Set for Alaska Pollock
12. Governor Palin Creates Rural Subcabinet
13. Cod prices drop as global recession hits the fishing docks
14. Uncertainties lie ahead for fisheries
15. Higher fuel prices notwithstanding, fisheries did well in 2008
16. Tourists cited for AK fishing violations from photos posted on blog
17. NOAA to Create Saltwater Angler Registry in 2010
18. NPFMC Crab committee meets January 14, Anchorage on crew issues
19. NPFMC Salmon Bycatch Workgroup meets Jan 20 in Anchorage
20. AK Legislative Health Caucus posts Well-Being Report
21. Humans, Oceans Shaped North American Climate over Past 50 Years
22. Ocean fish farming harms wild fish, study says
23. Fish farms face vote in Gulf of Mexico Fishery Management Council
24. Salmon farming in Maine mounting a strong comeback
25. MMRC Off-Island Northern Fur Seal Research Program
26. NOAA Determines Ribbon Seals Should Not be Listed as Endangered
27. Japan Turns to Technology to Lift Fishing Industry – hybrid power fishing
28. Laine Welch's Fish Radio –Topics from this week
29. Beaufort and Chukchi Sea Oil and Gas - Draft EIS posted, meetings announced
30. Governor Palin Disappointed by Shell Decision
31. Shell will seek rehearing on Beaufort Sea drilling decision
32. EPA posts NPDES vessel general permit for normal operation discharge
33. Comment by January 26 on BSAI Crab Rationalization Program Amendment 28
34. Comment by Feb 10 on BSAI & GOA trawl LLP exemptions in quota fisheries
35. Comment by Feb 13 on BSAI & GOA trawl endorsement removal & exemptions
36. Comment by Feb. 17 on BSAI and GOA groundfish post-delivery quota transfer
37. NMFS posts final rule on recordkeeping & reporting, eLandings, BSAI crab fees, Sitka Pinnacles, & groundfish observers
38. Comment deadline Feb 17 on SW AK Sea Otter ESA Critical Habitat
39. California challenges endangered species rule changes
40. NMFS & USFWS post ESA interagency cooperation regulations
41. USFWS posts ESA Special Rule for polar bears
42. Comment Deadline January 9 on BSAI Groundfish harvest specifications
43. NOAA transfers dark rockfish from BSAI and GOA FMPs to State of AK.
44. Information collection comment opportunities posted: CCF, eLandings, AFA
45. Comment by Feb 6 on DEC update for Toxics Manual, public meetings scheduled
46. ADF&G Draft Technical Paper # 342: Subsistence Harvests of Pacific Halibut in AK
47. ADF&G Requests for Proposals - prof. services to help identify funding needs
48. NOAA Availability of Grant Funds for Fiscal Year 2009
49. Rural Business-Cooperative Service invites Applications for Grant Program for 2009
Previous items, still timely:
50. NOAA Fisheries draft on Chinook salmon bycatch –Comment by Feb 3, 2009
51. BSAI Crab Program – comment deadline Jan 26 on post delivery quota transfer
52. Deadline January 30 for NOAA Ernest F. Hollings Scholarship Program
53. Federal Subsistence Board to Meet in Anchorage January 13-15
54. Deadline Jan. 9 for Federal Subsistence Regional Advisory Council Nominations
55. 2009 Pacific Salmon Commission Post Season Meeting: January 14, Vancouver
56. Alaska Board Of Fisheries 2009 Call For Proposals – deadline April 10, 2009

1. Comment by January 21 for Area 2C Charter Halibut one fish bag limit
NMFS proposes regulations that would limit the harvest of Pacific halibut by guided sport charter vessel anglers in International Pacific Halibut Commission Regulatory Area 2C (Area 2C) of Southeast Alaska to one halibut per day. This proposed regulatory change is necessary to reduce the halibut harvest in the charter vessel sector to approximately the guideline harvest level for Area 2C. The intended effect of this action is to manage the harvest of halibut consistent with an allocation strategy recommended by the North Pacific Management Council for the guided sport charter vessel fishery and the commercial fishery.
DATES: Comments must be received no later than January 21, 2009…
http://edocket.access.gpo.gov/2008/E8-30376.htm

2. NOAA proposes charter halibut catch reduction
NOAA today proposed reducing the number of halibut that charter vessel anglers in southeast Alaska can keep, from two each day to one.

“Sport charter fishing has grown in southeast Alaska while halibut abundance has decreased,” said Doug Mecum, NOAA’s Fisheries Service acting regional administrator for Alaska. "We’re proposing to reduce the charter halibut catch to protect the halibut resource."

…The commission has reduced the commercial halibut catch in Southeast from nearly 11 million pounds annually between 2004 and 2006 to just over six million pounds for 2008. The final commercial harvest level for 2009, proposed at four and a half million pounds, will be set by the IPHC in January.
http://www.fakr.noaa.gov/newsreleases/2008/charter
halibut122208.htm

3. Oil spill checks get solemn reception
Almost 20 years after the Exxon Valdez oil spill, commercial fishermen and other plaintiffs are beginning to receive small settlement checks.
Fisherman R.J. Kopchak said it is sad that the financial and legal resolution of the oil spill with commercial fishing families does not close the book.
“The checks mean that there is closure for many who were directly impacted by the spill, but the settlement does not close the book on recovering from the aftermath and lingering legacy of damages from Americas worst act of pollution,” he said. “Still listed as not recovering from the Exxon oil spill are Pacific herring, and for herring fishermen the settlement checks represent less that 10 percent of the value of the lost fisheries. There are still significant quantities of highly poisonous Exxon oil just under the gravel of many beaches in western Prince William Sound.”… http://thecordovatimes.com/news/show/4347

Exxon Qualified Settlement Fund’s Web site — www.exspill.com

EVOS Plaintiffs: Be sure your accountant knows about the EVOS Tax Treatment Act language that was passed and signed into law, before filing your taxes. Thanks to Senator Murkowski for working to pass provisions for income averaging, retirement contribution tax deferral, and exemption from self-employment that may help you.

4. Outlining choices made by fisheries board (Cordova meeting)
The Alaska Board of Fisheries meetings were extended by one day and ended on Dec. 8.
Rochelle van den Broek, executive director of the Cordova District Fishermen United, was very happy with the end results.
“The meeting finally finished after eight long days of testimonies, reports, committees and deliberations,” she said. “There were some pretty nasty proposals this go-round that had some fairly serious implications for our fishery here. Thankfully, the majority of the big ones failed. All in all, the Board of Fisheries did a good job…
http://thecordovatimes.com/news/show/4344

5. BOF summary of actions from December PWS Cordova meeting
http://www.boards.adfg.state.ak.us/fishinfo/meetinfo/2008-
2009/Cordova/pre-summary08.pdf

6. BOF Proposal 379 rescheduled to 2001 Cook Inlet Meeting
http://www.boards.adfg.state.ak.us/fishinfo/meetinfo/2008-2009/
Cordova/prop379.pdf

Board of Fisheries Home page: http://www.boards.adfg.state.ak.us/f
ishinfo/index.php

7. NPFMC Items from December Meeting:

Crab motion 12/08
http://www.fakr.noaa.gov/npfmc/current_issues/crab/
crabmotion1208.pdf

AI Pcod processing sideboards motion
http://www.fakr.noaa.gov/npfmc/current_issues/pcod/
AIsideboardsmotion1208.pdf

Observer motion
http://www.fakr.noaa.gov/npfmc/current_issues/observer
/Observer1208.pdf

GOA Pcod sector allocation motion
http://www.fakr.noaa.gov/npfmc/current_issues/pcod/
GOAPcod_split_motion1208.pdf

GOA fixed gear recency motion
http://www.fakr.noaa.gov/npfmc/current_issues/pcod/FixedGea
r_recency1208motion.pdf

Final Council specs for 2009/2010
http://www.fakr.noaa.gov/npfmc/Council0910specs.pdf

NPFMC home page: http://www.fakr.noaa.gov/npfmc/

8. State questions Redfern on Taku barging project
Kate Golden, Juneau Empire
State permitters on Wednesday evening released a packet of questions to the Tulsequah Chief Mine operator regarding its application to barge ore and supplies on the Taku River year-round.

Taku fishermen, cabin owners and other river users have been concerned the plan might hurt the river's rich habitat for fish and wildlife.

That's also the scope of the state's request, which includes specific questions on how the barge will be tested, how it can be used safely, how Redfern will know if the system is affecting the environment and its inhabitants.

The state also asked Redfern to detail the project's potential economic impact on the region, and why the project should take priority over other Taku users. When faced with a project that could affect competing users, state permitters are obliged to give preference to the users that are economically or physically dependent on the coast…
http://www.juneauempire.com/stories/010109/sta_
373021073.shtml

& previous story, Dec 23…
Redfern suspends construction at Tulsequah mine
http://www.cbc.ca/money/story/2008/12/23/redfern-tulsequah.html

Public Notices:

ACMP Consistency Review Clock is Stopped - Comment deadlines are extended
(12/17/08)
http://dnr.alaska.gov/mlw/mining/largemine/tulsequah/
publicnotice.htm

Alaska DNR Tulsequah Chief Mine home page: http://dnr.alaska.gov/m
lw/mining/largemine/tulsequah/index.htm

I do not see the documents posted yet on the DNR Tulsequah Mine web page. Thanks to the Juneau Empire for making them available at:
DNR Letter - http://www.juneauempire.com/documents/
010109/123108_RFAI.pdf

ADF&G Habitat Division memo and documents (7+ megabyte, Acrobat 8) -
http://www.juneauempire.com/documents/010109/121708_
Important_Habitat_Designation.pdf

9. Changes to federal mining could affect Alaska's fish
New 'Stream Buffer Rule' relaxes existing regulations around active salmon streams
By Hal Spence | Morris News Service, Alaska
Changes to a federal rule governing mining in and around sensitive salmon streams and other habitats have drawn fire from Alaska environmental groups.

Adopted even as President George W. Bush's administration draws to a close, the new "Stream Buffer Rule" relaxes existing regulations governing how mining companies work in and around active salmon streams. The previous restriction, in effect since 1983, prohibited coal strip mining and waste dumping within 100 feet of streams and other water bodies and was meant to protect not only streams in the mine footprint, but also associated areas around the mine site.

By rewriting and reinterpreting the rule's intent, the Office of Surface Mining liberalized waste dumping restrictions, endangering salmon and other streams, opponents say.

The new rule is a concern to residents of the Upper Cook Inlet region near PacRim Coal LLP's proposed Chuitna Coal Mine.

"We're staring down the barrel of a massive coal strip mine that will directly destroy 11 miles of salmon streams, and dump billions of gallons of mine wastes into our fisheries each year," said commercial set-net fisherman Terry Jorgensen, a spokesman for the Chuitna Citizens NO-COALition. "Our Alaskan businesses and livelihoods are directly threatened by this federal intervention." …
http://www.capitalcityweekly.com/stories/122408/out
_370787155.shtml

UFA Opposes the Chuitna coal mine on the basis that it would displace longstanding commercial fishing families from their set net sites, and would obliterate salmon habitat.

10. Alaska Celebrates 50 Years of Statehood and Seafood Sustainability
Seafood Industry Remains a Vital Economic Engine for the Last Frontier
JUNEAU, Alaska, Jan. 2 /PRNewswire/ -- On January 3rd Alaska will celebrate its 50th anniversary of statehood and sustainable fisheries management. Before statehood in 1959, Alaska's fishing industry was the territory's first major industry. Half a century later, Alaska's seafood industry is still a vital economic engine for state and regional economies…
With great foresight and intentions to preserve and rebuild the valuable Alaska seafood industry, the framers of the Alaska Constitution mandated that "fish ... be utilized, developed, and maintained on the sustained yield principle." In 1959, as Alaska became a state, it experienced one of the lowest salmon runs since the turn of the century, at just 25 million fish. Conversely, in 2007 Alaska celebrated the fourth largest (sustainable) salmon harvest in a century, with over 212 million fish…
http://sev.prnewswire.com/retail/20090102/
AQF50102012009-1.html

11. ASMI: Sustainable 2009 Harvest Set for Alaska Pollock
Juneau, Alaska. December 15, 2008 – The North Pacific Fisheries Management Council (NPFMC) announced December 13 the 2009 Alaska pollock total allowable catch (TAC) of 815,000 metric tons, an 18.5% reduction from 2008. The decision follows the recommendations of scientists to ensure the ongoing sustainability of the stock due to the cyclically lower abundance of Alaska pollock.
“We manage Alaska’s fisheries with a steadfast commitment to science. That’s affirmed by the Council’s recent action regarding the Alaska pollock harvest,” said Doug Mecum, Director of the Alaska Region of the National Marine Fisheries Service.
ASMI press release:
http://www.alaskaseafood.org/about/pressreleases/Sustainable
2009AKPollock.html

12. Governor Palin Creates Rural Subcabinet
December 18, 2008, Anchorage, Alaska - Governor Sarah Palin has signed an Administrative Order (AO) formally establishing a Rural Subcabinet. The Rural Subcabinet will focus its initial efforts on rural migration patterns and the cost of energy in rural Alaska.
The Rural Subcabinet will study the state of the economy, education, law enforcement and infrastructure in outlying regions, and then will make proposals aimed at creating well-paying jobs, stronger schools, safer communities and better public works facilities…
http://www.gov.state.ak.us/news.php?id=1588

13. Cod prices drop as global recession hits the fishing docks
Cod prices dropped 20 cents a pound, from 65 cents to 45 cents a pound, in Kodial last week. It's a sure sign that the economic chaos on Wall Street has trickled down to the docks. The global credit crunch is stalling or stopping seafood commerce, and cod is piling up in local freezers…
http://www.alaskajournal.com/stories/122808/hom_2008
1228017.shtml

14. Uncertainties lie ahead for fisheries
By Margaret Bauman, Alaska Journal of Commerce
Shifting economic and political winds have the Alaska seafood industry sailing through uncharted waters toward 2009, hoping that markets improve, credit restrictions ease up, but uncertain how the Obama administration will act concerning fisheries issues.

“There is little room for error in today's economy,” said Robin Samuelsen, a veteran Bristol Bay salmon fisherman and executive director of the Bristol Bay Economic Development Corp. in Dillingham. “Hopefully these (federal) economic stimulus packages will turn things around,” he said. “And hopefully the price of fuel will stay down to $40 a barrel.”…
http://www.alaskajournal.com/stories/122808/hom_2008
1228018.shtml

15. Higher fuel prices notwithstanding, fisheries did well in 2008
By Margaret Bauman, Alaska Journal of Commerce
Alaska's lucrative seafood industry appears to have done very well overall in 2008, despite the increased cost of doing business, with sales in the hundreds of millions of dollars.
Veteran commercial fisherman and seafood industry analyst Chris McDowell said he expected the total value paid to harvesters for all seafood taken in Alaska to be around the five-year average of $1.4 billion, down slightly from $1.6 billion in 2007. Part of that decline was driven by pollock prices, he said, but “we had a pretty decent year overall,” he said.
With much final data on the fisheries still being compiled, strong prices for much of the year for salmon, crab and Pacific cod made for a healthy year…
http://www.alaskajournal.com/stories/122108/hom_2008
1221005.shtml

16. Tourists cited for AK fishing violations from photos posted on blog
(From ADN Troopers dispatches at http://community.adn.com/
node/136047 )

Alaska Wildlife Troopers in Juneau received a Wildlife Safeguard Tip that a group of fisherman had retained undersize cutthroat trout during a trip to Jim's Lake on Admiralty Island. Investigation revealed that Buck, Wayne, Josh and Clint Keely had taken undersize cutthroat trout on 9-2-08. Jims Lake is a trophy cutthroat trout lake and fish
must be at least 25 inches in length to retain. All four members of the party were issued citations for retaining undersize trout and were given an optional court appearance date of 1-7-09 in the Juneau District Court. The Alaska Wildlife Troopers would like to thank those who report violations the Wildlife Safeguard Hotline.

See the photo section on the perpetrators website to see illegal harvest of cutthroat trout at:
http://www.jimslakecabin.com/

Report any violations that you see on the water, or online, to the Wildlife Safeguard Hotline at 1-800-478-3377… and help educate Alaska visitors about the need to read and understand and follow regulations for sustainable fisheries.

17. NOAA to Create Saltwater Angler Registry in 2010
Final rule gives states more time to implement local data gathering
NOAA Press release: http://www.noaanews.noaa.gov/stories2008
/20081223_registry.html

Marine Recreational Information Program home page:
http://www.st.nmfs.noaa.gov/mrip/aboutus/organization/angler
team.html#AnglerComments

18. NPFMC Crab committee meets January 14, Anchorage on crew issues
The North Pacific Fishery Management Council's (Council) Crab Committee will meet January 14, 2009 from 9 a.m. to 5 p.m.at the Anchorage Hilton, 500 West
3rd Avenue, Birch/Willow Room, Anchorage, AK.

The committee will discuss the Crab Rationalization program. Discussions will focus on crew issues including: (1) a potential regional fishery association to hold and distribute C share quota and (2) a private arrangement among owners that would fund Quota Share purchases by active crew…
http://edocket.access.gpo.gov/2008/E8-30990.htm

NPFMC home page: http://www.fakr.noaa.gov/npfmc/

See also Item #33 and 51 below for more Crab Program comment opportunity

19. NPFMC Salmon Bycatch Workgroup meets Jan 20 in Anchorage
The NPFMC Salmon Bycatch Workgroup will meet in Anchorage, AK. on January 20, 2009, from 10 a.m. to 5 p.m., at the Hilton Hotel, 500 West 3rd Avenue, Fireweed Room, Anchorage AK….
The Committee will review industry proposals for incentive-based salmon bycatch reduction programs in conjunction with the Council's forthcoming action on Chinook salmon bycatch management measures. The Committee will receive presentations and then provide their written comments and recommendations on these proposals to the Council for its consideration…
http://edocket.access.gpo.gov/2008/E8-31075.htm

20. AK Legislative Health Caucus posts Well-Being Report
The Alaska Legislative Health Caucus has produced a publication outlining critical health information and conclusions given in their nine '08 forums. The publication is the Alaskan Well-Being Report that can be downloaded from www.akhealthcaucus.org

21. Humans, Oceans Shaped North American Climate over Past 50 Years
Sea-Surface Temperatures Vital to Predicting U.S. Regional Climate Changes…
Greenhouse gases play an important role in North American climate, but differences in regional ocean temperatures may hold a key to predicting future U.S. regional climate changes, according to a new NOAA-led scientific assessment. The assessment is one in a series of synthesis and assessment reports coordinated by the U.S. Climate Change Science Program...
NOAA press release:
http://www.noaanews.noaa.gov/stories2008/20081211
_climate.html

22. Ocean fish farming harms wild fish, study says
Farming of fish in ocean cages is fundamentally harmful to wild fish, according to an essay in this week's Conservation Biology…
The calculations in the paper show that even if lice levels on farm fish are controlled by medication, local wild fish still decline. Also, there is a critical stocking level of farmed fish. If a sea-cage system is stocked above the critical level, local wild fish decline to extinction. Long story short — growing farm fish in sea cages can't save wild fish, but it can easily destroy them…
http://www.biologynews.net/archives/2008/12/16/ocean
_fish_farming_harms_wild_fish_study_says.html

23. Fish farms face vote in Gulf of Mexico Fishery Management Council
A fishery panel has decided to delay a vote on allowing the first commercial offshore fish farms in federal waters and will take longer to review potential effects on the Gulf of Mexico.
A key congressman said the Gulf of Mexico Fishery Management Council had no legal standing to consider such a regulation and critics urged the council to wait for a national policy to be developed. The council scheduled another vote for its next meeting in January…
U.S. Rep. Nick Rahall, D-W.Va., chairman of the House Natural Resources Committee that is considering aquaculture legislation, questioned whether the council had the legal authority to set up an aquaculture permitting system…
http://www.floridatoday.com/article/20081214/SPORTS05
/812140316/1002/SPORTS

Gulf Council home page: http://www.gulfcouncil.org/

24. Salmon farming in Maine mounting a strong comeback
Salmon farming was a bright spot in the Down East economy before a series of setbacks set the stage for the industry's downfall.

The federal government's decision to list wild Atlantic salmon as endangered on eight Maine rivers led to tougher regulations. A disease outbreak forced the destruction of large numbers of fish, and a federal judge fined two Maine producers for violating the federal Clean Water Act by fouling the sea floor with excess feed, medications, feces, and other pollutants.

"It was kind of like a perfect storm," said George Lapointe, commissioner of the state Department of Marine Resources.

Dramatic changes in the economics of the business added to the woes of salmon farmers, Lapointe recalled. Prices tumbled from $5 a pound to less than $2 for a time, he said. "It went from a specialty product to a commodity product."

Today, industry leaders say, salmon farming is healthier, more efficient, and more in tune with the environment. And it's looking to expand.
http://www.boston.com/news/local/maine/articles/2008/11/23
/salmon_farming_in_maine_mounting_a_strong_comeback/?s
_campaign=8315

25. MMRC Off-Island Northern Fur Seal Research Program
…Six female fur seal pups have joined the Steller sea lions at the Vancouver Aquarium for this important research program. Researchers transferred the animals on a flight by PenAir from the Pribilof Islands in the Bering Sea to Vancouver, British Columbia. The pups will participate in long-term physiological studies critical to understanding their decline in the wild…
http://www.marinemammal.org/2008/fur_seal_pups.php

26. NOAA Determines Ribbon Seals Should Not be Listed as Endangered
NOAA Fisheries NOAA today announced that ribbon seals are not in current danger of extinction or likely to become endangered in the foreseeable future, and should not be listed under the Endangered Species Act.
http://www.fakr.noaa.gov/newsreleases/2008/ribbon
seals122308.htm

27. Japan Turns to Technology to Lift Fishing Industry – hybrid power fishing
…Until very recently, commercial fishermen around the world have been laboring under the weight of high fuel prices. In Europe earlier this year, fishermen expressed their frustration by blockading ports to protest prices and taxes. In the United States, Gov. Sarah Palin of Alaska, the former Republican vice presidential nominee, has called for low-interest loans to help Alaskan fishermen buy fuel-efficient engines.
Japan, meanwhile, is searching for high-tech solutions. In fact, the hybrid boat engine, which is still just a prototype, is part of a multimillion-dollar government-led effort to rescue Japan’s fishing industry from rising energy costs, which are likely to return to rise again once the global recession ends and demand comes back…
http://www.nytimes.com/2008/12/26/business/worldbusiness/
26fishing.html?_r=1&ref=asia

28. Laine Welch's Fish Radio –Topics from this week
Friday 1/2/09 - Offkilter CO2 levels hurt ocean food chains
Thursday 1/1/09 - Fish New Year’s Noisemakers
Wednesday 12/31/08 - Farmed cod flounders; tilapia tweaked to taste like ‘wild fish’
Tuesday 12/30/08 - Halibut, sablefish, crab IFQ pay up time
Monday 12/29/08 - Kodiak crabbers gear up for Tanners

Listen Online at: http://www.marineconservationalliance.org
/fishradio.htm
& also see Laine Welch's Fish Factor at http://www.kinyradio.
com/fishfactor.html

29. Beaufort and Chukchi Sea Oil and Gas - Draft EIS posted, meetings announced
…Public hearings will be held to receive comments on the DEIS. The hearings will provide the MMS with additional information that will help in evaluating potential effects of the leasing program in the Beaufort and Chukchi Seas. The public hearing in
Anchorage is scheduled as follows:

Anchorage, Alaska, January 15, 2009, 7 p.m., Centerpoint Building, 3801 Centerpoint
Drive, 1st Floor Conference Room, Contact: Mr. Albert Barros, (907)
334-5209.
Public hearings will be scheduled in the following communities between January 16 and March 15, 2009. The dates, time, and locations for these hearings will be announced to the public on the MMS Web site, through the media, and by letters to the communities.
Kaktovik, Alaska; Wainwright, Alaska; Point Lay, Alaska; Point Hope, Alaska; Barrow, Alaska; and Nuiqsut, Alaska.
http://edocket.access.gpo.gov/2008/E8-30246.htm
MMS Alaska home page: http://www.mms.gov/alaska/

30. Governor Palin Disappointed by Shell Decision
December 18, 2008, Anchorage, Alaska – Governor Sarah Palin today expressed her disappointment in Shell Oil Company’s decision to cancel drilling activities in the Outer Continental Shelf (OCS) of Alaska’s Beaufort Sea for 2009.
The decision comes on the heels of a ruling by a three-judge panel of the Ninth Circuit Court of Appeals on November 20. “Alaska’s economic past and future are tied directly to the development of our abundant natural resources," the governor said. “The loss of this exploration activity will cost our state’s families hundreds of jobs next year.”

The governor also announced today that the state of Alaska intends to support Shell’s petition to the Ninth Circuit Court of Appeals for a rehearing in front of the full court.
http://www.gov.state.ak.us/news.php?id=1590

31. Shell will seek rehearing on Beaufort Sea drilling decision
Shell Oil said Dec. 19 it will file a petition with the U.S. Ninth Circuit Court of Appeals asking for a rehearing of the court's decision to block Alaskan Beaufort Sea drilling. The company also said it will not plan drilling or seismic activity in the area in 2009 because of an injunction against exploration issued by the appeals court.
http://www.alaskajournal.com/stories/122808/hom_2008
1228022.shtml

32. EPA posts NPDES vessel general permit for normal operation discharge
EPA Regions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 are finalizing an NPDES Vessel General Permit (VGP) to cover discharges incidental to the normal operation of vessels…

…EPA published the two proposed permits and accompanying fact sheets for public comment on June 17, 2008 (73 FR 34296). As proposed, the VGP would have covered all commercial and non-recreational vessels and those recreational vessels longer or equal to 79 feet, and the proposed RGP would have covered recreational vessels less than 79 feet in length. However, after the permits were proposed, Congress enacted two new laws that impact the universe of vessels covered under today's permit. On July 29, 2008, Senate bill S. 2766 (``the Clean Boating Act of 2008'') was signed into law (Pub. L. 110-288). This law provides that recreational vessels shall not be subject to the requirement to obtain an NPDES permit to authorize discharges incidental to their normal operation. As a result of this legislation, EPA is not finalizing the proposed recreational vessel NPDES permit and has also modified the VGP, which included those recreational vessel over 79 feet, to eliminate that coverage. On July 31, 2008, Senate bill S. 3298 was signed into law (Pub. L. 110-299). This law generally imposes a two-year moratorium during which time neither EPA nor states can require NPDES permits for discharges (except ballast water discharges) incidental to the normal operation of vessels of less than 79 feet and commercial fishing vessels of any length. EPA is not taking final action on the proposed permit as it would apply to these vessels and has revised the final VGP to reflect the new law…
Federal Register Notice:
http://edocket.access.gpo.gov/2008/E8-30816.htm

For text of S. 3298 see http://www.epa.gov/npdes/pubs/vessel_
S3298.pdf

EPA vessel discharge home page: http://cfpub.epa.gov/npdes/
home.cfm?program_id=350

The clock is ticking on the two year moratorium, while EPA funding under continuing resolution is not provided for the necessary study of commercial fishing vessel discharges. This will be on UFA’s agenda for March 3-5 in Juneau.

33. Comment by January 26 on BSAI Crab Rationalization Program Amendment 28
NMFS proposes regulations implementing Amendment 28 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). This proposed regulation would amend the Bering Sea/Aleutian Islands Crab Rationalization Program to allow post-delivery transfers of all types of individual fishing quota and individual
processing quota to cover overages. This action is necessary to improve flexibility of the fleet, reduce the number of violations for overages, reduce enforcement costs, and allow more complete harvest of allocations…
DATES: Comments must be received no later than January 26, 2009.
Federal Register Notice: http://edocket.access.gpo.gov/2008/
E8-29494.htm

NOAA BSAI Crab Rationalization home page: http://www.fakr.noaa.gov/
sustainablefisheries/crab/crfaq.htm

34. Comment by Feb 10 on BSAI & GOA trawl LLP exemptions in quota fisheries
Amendment 92 to the Fishery Management Plans for Groundfish of the Bering Sea/Aleutian Islands Management Area and Amendment 82 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs)… would remove trawl gear endorsements on licenses issued under the license limitation program in specific management areas if those licenses have not been used on vessels that meet minimum recent landing requirements using trawl gear. This action would provide exemptions to this requirement for licenses that are used in trawl fisheries subject to quota-based management. This action would issue new area endorsements for trawl catcher vessels in the Aleutian Islands if minimum recent landing requirements in the Aleutian Islands were met…
DATES: Comments on the amendments must be submitted on or before
February 10, 2009.
http://edocket.access.gpo.gov/2008/E8-29497.htm

35. Comment by Feb 13 on BSAI & GOA trawl endorsement removal & exemptions
…This proposed action would remove trawl gear endorsements on licenses issued under the license limitation program in specific management areas if those licenses have not been used on vessels that met minimum recent landing requirements using trawl gear. This proposed action would provide exemptions to this requirement for licenses that are used in trawl fisheries subject to certain limited access privilege programs. This proposed action would issue new area endorsements for trawl catcher vessel licenses in the Aleutian Islands if minimum recent landing requirements in the Aleutian Islands were met….
DATES: Comments must be received no later than February 13, 2009.
http://edocket.access.gpo.gov/2008/E8-31018.htm

36. Comment by Feb. 17 on BSAI and GOA groundfish post-delivery quota transfer
Amendment 90 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 78 to the Fishery Management Plan for Groundfish of the Gulf of Alaska would modify the Fishery Management Plans (FMPs) to allow unlimited post-delivery transfers of cooperative quota. This action is necessary to mitigate potential overages, reduce enforcement costs, and provide for more precise total allowable catch management. This action is intended to promote the goals and objectives of the Magnuson-Stevens Act, the FMPs, and other applicable laws.

DATES: Comments on the amendment must be submitted on or before
February 17, 2009…
http://edocket.access.gpo.gov/2008/E8-29927.htm

37. NMFS posts final rule on recordkeeping & reporting, eLandings, BSAI crab fees, Sitka Pinnacles, & groundfish observer
NMFS issues a final rule that implements new recordkeeping and reporting requirements; a new electronic groundfish catch reporting system, the Interagency Electronic Reporting System, and its data entry component, eLandings; the integration of eLandings with existing logbook requirements and future electronic logbooks; a variety of fisheries permits provisions and revisions to regulations governing the Bering Sea and Aleutian Islands Management Area Crab Rationalization Program, including fee calculations; a revision to a Sitka Pinnacles Marine Reserve closure provision; and a revision to a groundfish observer provision regarding at-sea vessel-to-vessel transfers…

DATES: Effective January 14, 2009.
Federal register Notice: http://edocket.access.gpo.gov/2008/E8-
29625.htm

& NOAA Information Bulletin on recordkeeping changes:
http://www.fakr.noaa.gov/index/infobulletins/bulletin.asp?
BulletinID=5372

38. Comment deadline Feb 17 on SW AK Sea Otter ESA Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the southwest Alaska Distinct Population Segment (DPS) of the northern sea otter (Enhydra lutris kenyoni) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 15,225 square kilometers (km\2\) (5,879 square miles (mi\2\)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Alaska…
DATES: We will accept comments received on or before February 17, 2009.
We must receive requests for public hearings, in writing, at the
address shown in the FOR FURTHER INFORMATION CONTACT section by January
30, 2009…
Federal Register: http://edocket.access.gpo.gov/2008/E8-28897.htm

AP news story: Protected habitat proposed for sea otter in Alaska http://www.google.com/hostednews/ap/article/ALeqM5ie30fbZut7
2EFdYXiYZaKtGqz-_AD9545EAG1

39. California challenges endangered species rule changes
The Bush administration is seeking to gut the Endangered Species Act on its way out the door," California Attorney General Jerry Brown said in a statement announcing the suit, which was filed Monday in Northern California Federal District Court to force the government to drop the rule changes.
Brown argued that scrapping the scientific reviews would significantly increase the risk that federal agencies would greenlight projects that could harm endangered species and their habitats…
http://www.reuters.com/article/environmentNews/idUSTRE4
BU05C20081231

40. NMFS & USFWS post ESA interagency cooperation regulations
With this final rule, the United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, ``Services'' or ``we'') amend regulations governing interagency cooperation under the Endangered Species Act of 1973, as amended (ESA).
This rule clarifies several definitions, provides assistance as to when consultation under section 7 is necessary, and establishes time frames for the informal consultation process.

DATES: Effective Date: This rule is effective January 15, 2009…
http://edocket.access.gpo.gov/2008/E8-29701.htm

41. USFWS posts ESA Special Rule for polar bears
We, the Fish and Wildlife Service (Service), amend the regulations at 50 CFR part 17, which implement the Endangered Species Act, as amended (ESA), to create a final special rule under authority of section 4(d) of the ESA that provides measures that are necessary and advisable to provide for the conservation of the polar bear (Ursus
maritimus). The special rule, in most instances, adopts the existing conservation regulatory requirements under the Marine Mammal Protection Act of 1972, as amended (MMPA), and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as the appropriate regulatory provisions for this threatened species. Nonetheless, if an activity is not authorized or exempted under the MMPA or CITES and would result in an act that would be otherwise prohibited under the general prohibitions under the ESA for threatened species (50 CFR 17.31), then the prohibitions at 50 CFR 17.31 apply, and we would require authorization under 50 CFR 17.32. In addition, this special rule provides that any incidental take of polar bears that results from activities that occur outside of the current range of the species is not a prohibited act under the ESA…
http://edocket.access.gpo.gov/2008/E8-29675.htm

Related items:

Polar Bear Gets Special Rule from Feds…
“The 4(d) special rule does not affect the continued subsistence harvest or the production and sale of polar bear handicrafts by Alaska Natives. Those activities are already exempted under the ESA and the MMPA. The rule allows the continued noncommercial export of Native handicrafts and cultural exchange of items made from polar bear parts that would otherwise require a permit as a result of the polar bear listing under the ESA…”
http://www.eponline.com/articles/69962/

Lawsuit Challenges 11th Hour Cuts in Endangered Species Protections
http://www.ens-newswire.com/ens/dec2008/2008-12-17-091.asp

42. Comment Deadline January 9 on BSAI Groundfish harvest specifications
NMFS proposes 2009 and 2010 harvest specifications and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands management area (BSAI)…
Comments must be received by January 9, 2009
http://edocket.access.gpo.gov/2008/E8-29216.htm

43. NOAA transfers dark rockfish from BSAI and GOA FMPs to State of AK.
NMFS issues a final rule that implements Amendment 73 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 77 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (collectively, Amendments 73/77). Amendments 73/77 remove dark rockfish (Sebastes ciliatus) from both fishery management plans (FMPs). The State of Alaska (State) will
assume management of dark rockfish catch by State-permitted vessels in the Bering Sea and Aleutian Islands Management Area and the Gulf of Alaska, in addition to its existing authority in State waters. This action is necessary to allow the State to implement more responsive, regionally based management of dark rockfish than is currently possible
under the FMPs… http://edocket.access.gpo.gov/2008/E8-31020.htm

44. Information collection comment opportunities posted: CCF, eLandings, AFA

Comment by Feb 9 on Capital Construction Fund Deposit/Withdrawal Report
http://edocket.access.gpo.gov/2008/E8-29270.htm
&
Comment by February 17 on Interagency Electronic Reporting System (IERS) & eLandings
http://edocket.access.gpo.gov/2008/E8-29922.htm
&
Comment by February 17 on American Fisheries Act Vessel and Processor Permits Applications
http://edocket.access.gpo.gov/2008/E8-29921.htm

45. Comment by Feb 6 on DEC update for Toxics Manual, public meetings scheduled
The Department of Environmental Conservation (DEC) proposes to adopt regulation changes in Title 18 of the Alaska Administrative Code, dealing with Chapter 70, Water Quality Standards, including the following:

DEC is proposing to update the Alaska Water Quality Criteria Manual for Toxic and Other Deleterious Organic and Inorganic Substances (“Toxics Manual”) containing tables of numeric criteria as well as reference information for all criteria. The Toxics Manual will be adopted by reference in the Water Quality Standards’ regulations in 18 AAC 70. The intent of this revision is to make the Toxics Manual easier to use by reorganizing the table of numeric criteria. This update also revises the chronic aluminum criterion, corrects an error in the saltwater ammonia criterion, adopts the most current drinking water MCLs, and includes other EPA-recommended updates to the aquatic life criteria.

The proposed regulations and factsheets can be found at
http://www.dec.state.ak.us/water/wqsar/wqs/index.htm

DEC will be scheduling workshops to answer questions that the public may have about this proposal. No public testimony will be taken at these workshops.
Attend a workshop to learn more about this proposal:

Juneau: 4 pm to 6 pm on Tuesday, January 20, 2009, Main Conference Room, Alaska Department of Environmental Conservation, 410 Willoughby Avenue, Juneau, AK 99811

Fairbanks: 4 pm to 6 pm on Wednesday, January 21, 2009, Conference Room B/C, Alaska Department of Environmental Conservation, 610 University Avenue, Fairbanks, AK 99709

Anchorage Oral or written testimony may be given at a public hearing from 4 pm to 6 pm on Thursday, January 22, 2009, 1st Floor Main Conference Room, Alaska Department of Environmental Conservation, 555 Cordova Street, Anchorage, AK 99501. Statewide call-in available by dialing 1-800-315-6338, Conference Code 2881 followed by the pound (#) sign.

All written comments must be received by 5 PM on February 6, 2009.

DEC Public Notice:
http://notes5.state.ak.us/pn/pubnotic.nsf/cc52605f7c156e7a892
5672a0060a91b/498ede32807fdffd8925751d0065549a?
OpenDocument

46. ADF&G Draft Technical Paper # 342: Subsistence Harvests of Pacific Halibut in Alaska, 2007
http://www.fakr.noaa.gov/ram/subsistence/adfg_subhalibut
_2007_prev_draft.pdf

47. ADF&G Requests for Proposals - prof. services to help identify funding needs
The Alaska Department of Fish and Game is soliciting professional services to facilitate the work of two panels of experts in identifying project funding needs and priorities in the areas of salmon research, monitoring, and management, and salmon habitat stewardship and restoration…
http://notes5.state.ak.us/pn/pubnotic.nsf/cc52605f7c156e7a
8925672a0060a91b/399e243e768a077c8925751d005fa837
?OpenDocument
Online RFP: http://notes5.state.ak.us/icons/fileatt.gif

48. NOAA Availability of Grant Funds for Fiscal Year 2009
SUMMARY: NOAA publishes this notice to supplement the agency's solicitation for applications published on July 11, 2008 in an action entitled ``Omnibus Notice Announcing the Availability of Grant Funds for Fiscal Year 2009''. This notice announces 13 additional programs that are soliciting applications for FY 2009 funding…
http://edocket.access.gpo.gov/2009/E8-30851.htm

49. Rural Business-Cooperative Service invites Applications for the Rural Economic Development Loan and Grant Program for Fiscal Year 2009
SUMMARY: This Notice is to invite applications for loans and grants under the Rural Economic Development Loan and Grant (REDLG) program pursuant to 7 CFR part 4280, subpart A for fiscal year (FY) 2009 subject to the availability of funding. Funding to support $35.8 million in loans and $10 million in grants is currently available…
ADDRESSES: For further information, entities wishing to apply for assistance should contact a Rural Development State Office to receive further information and copies of the application package. Submit applications to the USDA Rural Development State Office in the state where your project is located. A list of the USDA Rural Development
State Offices addresses and telephone numbers are as follows…

Alaska: USDA Rural Development State Office, 800 West Evergreen, Suite
201, Palmer, AK 99645-6539, (907) 761-7705/TDD (907) 761-8905.

Federal Register Notice:
http://edocket.access.gpo.gov/2008/E8-30731.htm

USDA Rural development home page: http://www.rurdev.u
sda.gov/rd/nofas/
USDA Rural Development Alaska home page: http://www.rurdev.u
sda.gov/ak/

Previous items, still timely:

50. NOAA Fisheries draft document on Chinook salmon bycatch –Comment by Feb 3, 2009
http://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/

NOAA Press Release:
http://www.fakr.noaa.gov/newsreleases/2008/salmonby
catch120208.htm

51. BSAI Crab Program – comment deadline Jan 26 on post delivery quota transfer Amendment 28
http://edocket.access.gpo.gov/2008/pdf/E8-28015.pdf

BSAI Crab Plan home page: http://www.fakr.noaa.gov/sustainablefisheries/crab/default.htm

52. Deadline January 30 for NOAA Ernest F. Hollings Scholarship Program
Federal Register Notice: http://edocket.access.gpo.gov/2008/
E8-28991.htm
Hollings Scholarship home page: http://www.orau.gov/NOAA/
HollingsScholarship/

53. Federal Subsistence Board to Meet in Anchorage January 13-15
The Federal Subsistence Board will meet Jan. 13-15, 2009 from 8:30 a.m. to 5 p.m. daily at the Egan Civic and Convention Center, 555 W. 5th Ave., Anchorage. The Board will consider 12 proposals to change Federal subsistence fishing regulations for the 2009-2010 regulatory years. The public is welcome at this meeting.
The Board has deferred action on two additional proposals concerning Yukon River gillnet mesh size and depth (FP09-12 and -13) to a public meeting, tentatively scheduled for April 29-30…
See December 5 press release at http://alaska.fws.gov/asm/
n ews.cfml
For Federal Subsistence Fisheries Proposals see: http://alaska.fws.gov/asm/public.cfml

54. Deadline Jan. 9 for Federal Subsistence Regional Advisory Council Nominations, Applications
The Office of Subsistence Management is accepting applications and nominations to fill seats on the 10 Regional Advisory Councils that advise the Federal Subsistence Board. The deadline to submit applications is January 9, 2009.

The councils meet twice yearly and advise the Federal Subsistence Board on subsistence management regulations and policies. They also serve as a forum for regional public involvement in Federal subsistence management. Council members must be knowledgeable about fish and wildlife uses in their region.

For an application or additional information, please contact Michelle Chivers at the Office of Subsistence Management at (800) 478-1456 or (907) 786-3877.

See Nov 21 Press release at http://alaska.fws.gov/asm/news.cfml

55. 2009 Pacific Salmon Commission Post Season Meeting: January 14, 2009, Vancouver
Commencing at 9:00am, Junior C Ballroom, Sheraton Wall Centre, Vancouver, BC. Draft Agenda:
http://www.psc.org/Meetings/Draft_Agenda_Open_Meeting_
January_2009.pdf
PSC home page: http://www.psc.org/

56. Alaska Board Of Fisheries 2009 Call For Proposals – deadline April 10, 2009
http://notes5.state.ak.us/pn/pubnotic.nsf/cc52605f7c156e7a89
25672a0060a91b/1f99857e437cd888892574f0005bf4b9
?OpenDocument

BOF announcement:
http://www.boards.adfg.state.ak.us/fishinfo/meetinfo/2008-
2009/propcall-2009.pdf