Alaska Board of Fish action on 2024 ACRs

The Alaska Board of Fisheries met in a Work Session October 29 & 30, 2024 to conduct non-regulatory business including considering agenda change requests (ACRs) and the election of officers. Märit Carlson-Van Dort was elected Chair unanimously, vice-Chair will be selected at the next meeting of the full 7 member board.

Of interest to Area M fishermen, the Board rejected ACR 13 that would reduce the maximum depth of hand and purse seines and regulate purse seine leads. ADF&G staff noted that ACR 13 did not meet the Board's criteria for accepting ACRs. The vote was 1 in support to 5 opposed, with only new member Curtis Chamberlain supporting ACR 13. Member Tom Carpenter called the ACR complicated and drastic, while member Mike Wood said he understood the submitted comments in support, but that the ACR should be taken up in-cycle. ACR 13 was opposed in written comments by the Aleutians East Borough, Area M Seiners Association, Concerned Area M Fishermen (CAMF) and Silver Bay Seafoods. Written comment in support of ACR 13 was submitted by the Lake and Peninsula Borough, the Fairbanks Advisory Committee, the Yukon River Drainage Fisheries Association and the Eastern Interior Alaska Subsistence Regional Advisory Council.

The Board only accepted ACRs that ADFG staff comments stated met the Board criteria. The Board accepted ACR 4, by a vote of 5 to 1 with just member Greg Svendsen opposing. ACR 4 would extend season dates and increase the number of weekly periods for Upper Subdistrict commercial dip net fishery. Board then took no action on similar ACRs 5 & 6.

The board unanimously accepted ACR 8 that would add set beach seines as legal gear under the Kenai River late-run king salmon stock of concern management plan. The Board accepted ACR 11 by a vote of 4 to 2 with Märit Carlson-van Dort and Curtis Chamberlain opposing. ACR 11 would create a Kvichak River Special Harvest Area to allow harvest of Kvichak River sockeye salmon while conserving Naknek River sockeye salmon.

The Board also accepted ACR 14, by a vote of 6 to 0.  ACR 14 would allow CFEC salmon set gillnet permit holders who form a joint venture in the Central Section of the Northwest Kodiak District to operate 25 fathoms additional set gillnet gear.

All other ACRs did not meet criteria and were rejected by the Board (ACRs 1,2,3,7,9,10,12,13,15).

The four ACRs accepted by the Board are scheduled to be heard in Anchorage at the March 2025 Statewide Shellfish meeting.

Vessel Incidental Discharge Final Rule Published

 The Environmental Protection Agency (EPA) published the Final Rule on Vessel Incidental Discharge in the Federal Register October 9th, 2024, including for ballast water management requirements on commercial fishing vessels. 

The Vessel Incidental Discharge Act (VIDA) "does not apply to incidental discharges from small vessels (less than 79 feet in length) or fishing vessels, except for discharges of ballast water." (page 82075) The EPA clarifies (page 82091) "that the definition of ‘‘ballast water’’ does not include discharges of fresh water, sea water, or ice carried onboard a vessel for food safety and product quality purposes and as such are not subject to the ballast water requirements in the final rule."

The Final Rule can be found here: https://www.federalregister.gov/documents/2024/10/09/2024-22013/vessel-incidental-discharge-national-standards-of-performance

PPSF Receivership Notice and Claims Application

"in order to receive any distribution on a claim or interest in this proceeding, should funds become available for distribution, you must submit a completed proof of claim to the Receiver not later than June 23, 2024"

Receivership Notice and Claims Form 

Claims Form

NOTICE OF RECEIVERSHIP AND

CLAIMS BAR DATE

 

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR THE COUNTY OF KING

 

WELLS FARGO BANK, NATIONAL ASSOCIATION,

a national banking association,

in its capacity as Agent,

Petitioner,

 

vs.

 

NORTHWEST FISH COMPANY, LLC, a Washington corporation,

PETER PAN SEAFOOD COMPANY, LLC, an Alaska limited liability company,

ALASKA FISH HOLDINGS, LLC, a Delaware limited liability company, and

RAYMOND MACHINE SHOP, LLC, a Washington limited liability company,

Respondents,

 

TO CREDITORS AND OTHER PARTIES IN INTEREST:

PLEASE TAKE NOTICE that Stapleton Group, Inc. (the "Receiver") was appointed as the General Receiver for Northwest Fish Company, LLC, Peter Pan Seafood Company, LLC, Alaska Fish Holdings, LLC, and Raymond Machine Shop, LLC (collectively, the "Debtors") and their assets (the "Receivership Estate") pursuant to the Order Appointing General Receiver entered on April 25, 2024 (the "Receiver Order"). The last known address of the Debtors is: 3015 112th Ave NE, Suite 150, Bellevue, WA 98004. The assets of the Debtors over which the Receiver has been appointed include all of Debtors' property; wherever located.

PLEASE TAKE FURTHER NOTICE that pursuant to RCW 7 .60.110, the appointment of the Receiver automatically stayed collection and other actions against the Debtors or the Debtors' Property. You are advised to review RCW 7.60.110 and all applicable court orders entered in this proceeding to determine the scope and status of the automatic stay. Violation of the automatic stay may result in the Receiver initiating contempt proceedings against you, and court ordered penalties.

YOU ARE HEREBY FURTHER NOTIFIED that in order to receive any distribution on a claim or interest in this proceeding, should funds become available for distribution, you must submit a completed proof of claim to the Receiver not later than June 23, 2024 (the "Claims Bar Date"). State agencies must submit proofs of claim with the Receiver not later than 180 days after the date on this notice. All parties who believe they are the above captioned Debtors, based on any goods, services, or credit provided, or other owed money by the above captioned Debtors, based on any goods, services, or credit provided, or other obligation provided prior to April 22, 2024, should complete a proof of claim form pursuant to RCW 7 .60.210. Your written proof of claim must contain your name, address and contact information (telephone number and email address), the specific Debtor(s) against whom the claim is made, the nature and specific dollar amount of your claim, a statement as to whether you claim any security interest or lien in connection with your claim, a statement as to whether you claim any statutory priority for your claim and if so, the specific basis for such priority under RCW 7.60.230, and whether your claim is based on a writing or you assert any interest in estate property securing your claim, and if so, attach legible copies of all writings which support the claim or evidence and any security interest or other lien you assert. Where such documents are voluminous, you may include a summary of invoices in addition to claim documentation. You must notify the Receiver in writing of any change in mailing address or contact information.

FAILURE TO PROPERLY SUBMIT A PROOF OF CLAIM COULD RESULT IN YOUR CLAIM BEING DISALLOWED, IN WHICH CASE YOU WILL NOT BE ENTITLED TO SHARE IN ANY DISTRIBUTIONS FROM THE RECEIVERSHIP ESTATE. IF YOUR CLAIM IS NOT RECEIVED ON OR BEFORE THE APPLICABLE CLAIMS BAR DATE, YOU MAY BE FOREVER BARRED FROM SEEKING OR PURSUING RECOVERY ON ANY CLAIM OR INTEREST YOU MAY HOLD AGAINST OR IN THE RECEIVERSHIP ESTATE, THE RECEIVERSHIP DEBTORS, OR ANY OF THE ASSETS OWNED OR HELD BY THE RECEIVER. YOU MAY WISH TO CONSULT YOUR OWN ATTORNEY TO ASSIST IN PREPARING AND FILING YOUR CLAIM. YOU HA VE THE SOLE RESPONSIBILITY TO CORRECTLY AND TIMELY SUBMIT THE CLAIM SO THAT IT IS TIMELY RECEIVED.

DO NOT FILE YOUR CLAIM WITH THE COURT.

A FORM PROOF OF CLAIM IS ENCLOSED. Claims Form

The completed proof of claim form must be submitted (1) via the website at https://peterpanreceivership.com ; or (2) email to peterpan@stapletoninc.com.

Pursuant to the Receiver Order, the Receiver has retained Schwabe, Williamson & Wyatt, P.C. as general counsel for the Receiver.

YOU ARE FURTHER HEREBY NOTIFIED THAT if you want to continue receiving notices in this action, regardless of whether you file a proof of claim, you must file a notice of appearance with the court in this case, or otherwise notify counsel in writing at the address stated below, of your intention to receive future notices in this matter. Otherwise, you will not receive further notices in this action.

Dated this 22nd day of May, 2024.             

                            SCHWABE, WILLIAMSON & WYATT, P.C.

By:  s/ Lawrence R. Ream

Lawrence R. Ream, WSBA #18159

Email: lream@schwabe.com

Davis Leigh, WSBA #58825

Email: dbleigh@schwabe.com

1420 5th Avenue, Suite 3400

Seattle, WA 98101

Telephone: 206-622-1711

Facsimile: 206-292-0460

 

Attorneys for General Receiver,

Stapleton Group, Inc.

 

PRESS RELEASE: SBS and PPSF Announce Valdez Acquisition and 2024 Operational Plan

Joint press release from Silver Bay Seafoods and Peter Pan Seafoods.

Alaska Governor nominates AP chair to replace Andy Mezirow on NPFMC

North Pacific Fishery Management Council member Andy Mezirow's third term expires this August and he was not eligible for reappointment. Governor Dunleavy submittted his nominations for the NPFMC on March 15. Current NPFMC Advisory Panel Chair Brian Ritchie is nominated to replace Andy. John Jensen's second term also ends in August and he is eligible for one more term. The Governor requested the Secretary of Commerce Gina Raimondo appoint either John Jensen or John Moller to that seat. Appointments will be announced in June.

The Governor's nomination letter can be found here.

Alaska Board of Fisheries Agenda Change Requests for 2023/2024 Cycle Posted

The 2023/2024 Agenda Change Requests (ACRs) have been posted. The 13 ACRs will be considered at the Board of Fisheries Work Session scheduled for October 12 & 13 at the Egan Center in Anchorage. Comments on ACRs are due September 27th, 2023.

ACR 2 submitted by the Fairbanks Advisory Committee to reduce South Peninsula June salmon fishing time would put Area M salmon back on the Board agenda for the 3rd year in a row. ACR 2 requests the Board to:

• Conduct an out-of-cycle Area M Board of Fish review of the South Unimak and Shumagin Islands June Salmon Management Plan before the 2024 season.
• Change management to specific windows and delete caps.
• Consider  observer coverage for both the drift and seine fleets as well as point of delivery and within the processing plant.
• Develop plan for securing run reconstruction numbers on the Kuskokwim River and increasing accuracy of numbers on the Yukon River.
• Increase genetic sampling area and response time on analyses. 
• Consider a new Area M management plan with an annual review.
  

ACR 1 would require set gillnet anchors and buoys to be removed from the water when not actively being fished.  

ACR 3 would reduce commercial salmon seine depth in the Southwestern and Unimak Districts.

ACRs 4, 5 & 6 address Bristol Bay salmon gear concerns.

ACR 7 addresses Yukon Commercial gillnet gear.

ACR 8 would restrict Copper River Commercial salmon fishing.

ACR 9 would change sport salmon fishing regs.

ACR 10 addresses Nushagak sport salmon fishery management.

ACRs 11, 12 & 13 address Southeast Alaska King salmon management.

The Board will only accept an agenda change request:

(A) for a fishery conservation purpose or reason;
(B) to correct an error in a regulation; or
(C) to correct an effect on a fishery that was unforeseen when a regulation was adopted;

If the Board accepts an ACR at the Work Session, it will then be scheduled for a regular meeting during the 2023/2024 meeting cycle. The regular meetings this cycle are scheduled:

• November 28 - December 1 in Homer for Lower Cook Inlet Finfish
• January 9 - 12 in Kodiak for Kodiak Finfish, and
• February 23 - March 7 at the Egan in Anchorage for Upper Cook Inlet Finfish

Comments on Agenda Change Requests can be submitted here by September 27.

Alaska Legislature Confirms all Governor Dunleavy's Board of Fisheries appointees

 The Alaska Legislature met today in a Joint Session of the House and Senate to consider all the Governor's appointments to Boards and Commissions.

For the Board of Fisheries, Gerad Godfrey of Eagle River, Mike Wood of Talkeetna and Stan Zuray of Tanana were confirmed by unanimous consent. Greg Svendsen of Anchorage was confirmed by a vote of 53-7.